Landlord - tenant rights

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tabasco

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I'm really hoping that some of you could help shed some light on this
very sticky situation.

A friend who is living with me signed a change of lease form for an
apartment, taking over the rental lease of the previous occupant. This
was about a month ago. The previous occupant asked/demanded that he
take over the lease even though she wanted to keep living there for
another month. And he (my friend) agreed. There was no written
agreement governing the "sublease" except that my friend managed to
convince the previous occupant to write and sign a piece of paper
saying she would pay for any damages to the apartment until he moved
in. She also said in an email that it would be "safe for him to plan
on moving in on November 1st at the latest." There are also three
other uninvolved "roommates" whose names are also on the lease and who
are continuing to live in the apt.

Fast forward one month. The previous occupant tells my friend via
email that she can't move out on Nov 1st as planned, giving him 5 days
notice before Nov 1. He tells her that she better be moved out because
he is planning on moving in on Nov 1st as agreed. What rights if any
does he have to occupy the apt. beginning Nov 1st. What rules govern
when there is no lease? What can he do to start taking control of the
situation?

This is in Arlington County, VA.

Thanks in advance for any help/advice.
 
tabasco said:
I'm really hoping that some of you could help shed some light on this
very sticky situation.

A friend who is living with me signed a change of lease form for an
apartment, taking over the rental lease of the previous occupant. This
was about a month ago. The previous occupant asked/demanded that he
take over the lease even though she wanted to keep living there for
another month. And he (my friend) agreed. There was no written
agreement governing the "sublease" except that my friend managed to
convince the previous occupant to write and sign a piece of paper
saying she would pay for any damages to the apartment until he moved
in. She also said in an email that it would be "safe for him to plan
on moving in on November 1st at the latest." There are also three
other uninvolved "roommates" whose names are also on the lease and who
are continuing to live in the apt.

Fast forward one month. The previous occupant tells my friend via
email that she can't move out on Nov 1st as planned, giving him 5 days
notice before Nov 1. He tells her that she better be moved out because
he is planning on moving in on Nov 1st as agreed. What rights if any
does he have to occupy the apt. beginning Nov 1st. What rules govern
when there is no lease? What can he do to start taking control of the
situation?

This is in Arlington County, VA.

Thanks in advance for any help/advice.
Without an actual lease, there is very little recourse. Was it a firm date or just an estimation of time? If your friend suffered losses due to this detrimental reliance then this would be a small claims issue to sue on that theory. Basically it means that there was an exchange of promises and even though there was no "contract" between them there was a detrimental reliance on the promise made by the promisor. If there isn't a money damage issue I'd say this is not a good case since what is your remedy if the occupant won't leave. An expensive eviction? Practicality says look elsewhere and sue for monetary damages in small claims if there are any.
 
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