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Ex-husband still on lease, gone for over ten years Roomate

Discussion in 'Roomate & Joint Leases' started by Michael Keough, Oct 10, 2015.

  1. Michael Keough

    Michael Keough Law Topic Starter New Member

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    Jurisdiction:
    California
    I am living with a woman in San Francisco California. We are significant others in our relationship. She has liven in our flat for almost 25 years, I moved in five years ago. It is possible that at some point in the near future we will have to move. Our unit is rent controlled. We do not bother the Owner for maintenance, keep the backyard looking well, and have received no threats... we just need to be prepared for the eventuality. She does not want to change anything about the lease as she is afraid that this would allow for our Landlord to either toss us, or raise the rent. I feel that this is unfair as if there is a financial buyout form the Owner, her Ex- husband will certainly just keep the money. I have been here for five years and feel that if there is a buyout I should bet my fair share. Do I have any legal grounds for any of the money? Thanks, Mike
     
  2. army judge

    army judge Super Moderator

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    You have no existing legal claims in regards to receiving compensation from something to which you're not legally obligated, obliged, or entitled.

    Upon further reflection, regardless of what your landlord says, your legal status (as pertains to your living arrangement) is probably that of a trespasser, or interloper.

    Despite what you have been lead to believe, you are residing in the apartment illegally.

    Should the landlord ever decide to enforce his or her rights insofar as you are concerned, the courts would likely order you to be evicted.

    One last note: Your beloved might desire to maintain the status quo for many reasons. The fact that you have been residing there for five years can only cause that which she seeks to avoid to occur. The problem with that is that such occurrences often happen when you least expect it. Just because someone doesn't act on a legal right, doesn't mean such inaction causes the right to wither and die.

    Good luck.
     
  3. Michael Keough

    Michael Keough Law Topic Starter New Member

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    Thank you for your info Army Judge. It was all I expected. I knew I would have no rights in this thing, just needed some confirmation. Being in San Francisco I would think that there is some manner in which the lease can be changed, added me and removing the other guy, but if My Lady chooses not to proceed it is a moot point.
     
  4. army judge

    army judge Super Moderator

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    You could propose to her that you both move to another apartment or house.
    If her husband were to return, things could get messy, quickly.
    If the landlord were to get hinky, things could also get sticky.
    If the landlord were to die, or become medically incapacitated, his or her heir might not be so understanding.
    My advice to everyone when it comes to the law, its the same thing we're advised to do in defensive driving.

    SIPDE: which means = Scan, Identify, Predict, Decide, and Execute.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    How long was this lease? Most leases are yearly.
     
  6. army judge

    army judge Super Moderator

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    True, except in California and New York with RENT CONTROL LAWS.

    Some would NOT call them leases, as they're more akin to LIFE ESTATES.
     
  7. Michael Keough

    Michael Keough Law Topic Starter New Member

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    LIFE ESTATES... that''s a good one, and from a good many perspectives, having rent control could indeed feel like the renter has it.
    He will not be moving back, she will see to that, and it is his arrogent, abrasive attitude which means that he will willingly take any move out loot and simply grin. We honestly give the landlord no reason to go sideways. We just had plumbing repaired, I replaced a rotting back stair, rent is always on time, they get no grief from us. However the flat could be sold, the Owner could die, any of a million things could go wrong and we would never ever be able to find a rental in SF. A two bedroom now goes for at least five grand. For me it was living in the SIPDE world which caused me to ask my question. I thank you all for your notes.
     
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  8. adjusterjack

    adjusterjack Super Moderator

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    Then I suggest you keep your beloved very, very happy. ;)
     
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