Hello:
So today my roommate was handed a 'Three Day Notice to Pay Rent or Quit' stating the following "YOU ARE HEREBY NOTIFIED THAT you are in violation of the following material covenant of your Student Housing Lease for the premises located at xxx
1. You are in violation of the "Sublets provision" as stated on Page 12 of the Lease which states: "Residents may sublet their apartments. Sublease forms, available at hte manager's office, must be completed by both the resident and sublessee. Sublease agreements are pending until the eligibility of the sublessee, including a credit check, has been completed. The manager's office must be notified of all sublets. Failure to do so with result in the eviction of the sublessee and could result in the loss of the resident's renewal privileges. Receiving an assignment and subletting it to another person prior to taking occupancy is not permitted." You have allowed someone to reside in the apartment without completing a sublease."
The letter then states that we have 3 days to fix the problem or get evicted...
Here's the kicker...there is no sublet either formal or informal for any of the 4 roommates. We have a buddy that stays over on the couch on the weekends when we drink...but thats because we don't want him driving home.
What would be the best way to fight this accusation? I'm afraid that our manager will just be like, okay I'm going to evict you and if you want you can fight it in court. Granted as students we don't have the time or the resources to do this, and our manager is convinced that someone else is living here.
So today my roommate was handed a 'Three Day Notice to Pay Rent or Quit' stating the following "YOU ARE HEREBY NOTIFIED THAT you are in violation of the following material covenant of your Student Housing Lease for the premises located at xxx
1. You are in violation of the "Sublets provision" as stated on Page 12 of the Lease which states: "Residents may sublet their apartments. Sublease forms, available at hte manager's office, must be completed by both the resident and sublessee. Sublease agreements are pending until the eligibility of the sublessee, including a credit check, has been completed. The manager's office must be notified of all sublets. Failure to do so with result in the eviction of the sublessee and could result in the loss of the resident's renewal privileges. Receiving an assignment and subletting it to another person prior to taking occupancy is not permitted." You have allowed someone to reside in the apartment without completing a sublease."
The letter then states that we have 3 days to fix the problem or get evicted...
Here's the kicker...there is no sublet either formal or informal for any of the 4 roommates. We have a buddy that stays over on the couch on the weekends when we drink...but thats because we don't want him driving home.
What would be the best way to fight this accusation? I'm afraid that our manager will just be like, okay I'm going to evict you and if you want you can fight it in court. Granted as students we don't have the time or the resources to do this, and our manager is convinced that someone else is living here.
