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Roommate Gave Notice, I Signed Lease and Re-Rented the Room. Now Roommate Won't Leave

Discussion in 'Rental Agreements & Subleases' started by njzx, Mar 5, 2012.

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  1. njzx

    njzx Law Topic Starter New Member

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    Then what's stopping every tenant in the world from doing this? It's an easy way to cover your bases in case you want to leave on short notice. Just declare that you're leaving, and if you really need to leave, just go. If you're staying, just "change your mind" right at the end.

    Why even have a 30 day notice requirement if tenants can give a 30 second notice of "...eh, nevermind." Not trying to be an ass, but what's the incentive for tenants to NOT do this, if it has no actual bearing on their ability to keep the apartment?
     
    Last edited: Mar 7, 2012
  2. mightymoose

    mightymoose Moderator

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    Nothing is stopping anyone from doing that... but doing so will certainly annoy the landlord and cause him to get rid of you for a more reliable tenant.
    If you give your notice and do not leave after 30 days the landlord still must go through the regular eviction process.
    The incentive to not do that is to prevent you from getting booted when you really do need to stay.
     
  3. njzx

    njzx Law Topic Starter New Member

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    Get rid of you how? As long as you change your mind just in time, you can stay as long as you want, right?!
     
  4. njzx

    njzx Law Topic Starter New Member

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    Well, as it turns out, he can't just change his mind as he sees fit (not without paying his bills, anyway). My landlord won possession of the apartment. My roommate (of course) is still here, and the landlord applied for a warrant of removal, which supposedly takes about two weeks to process. In the meantime, my roommate still hasn't paid a dime towards rent or utilities in 2012...must be nice to live so care-free.
     
  5. mightymoose

    mightymoose Moderator

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    Yes he can, and he did. However by not paying his rent he gave the landlord cause for eviction, which is where you are at now. He still has some time to mooch before he can be legally forced out. Had your roomie paid the rent it would have been harder to remove him without some other violation of the lease.
     

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