Q: What happens if my landlord had sub-tennant fill out application and to pay rent directly to him without telling me?
Month to month lease been there 6 yrs 3 yrs ago got a roommate after my pops passed away told landlord but she was not added to lease. February her nephew moved into our garage told landlord but he wasn't added to lease. Than about a month ago landlord had property appraised and my roommate and her nephew met the landlord and he had them fill out an application and told them to pay him directly. Her nephew paid his share of the rent directly to landlord. Although I was wanting to put them on the lease the landlord didn't communicate any of this to me. He is now trying to say I'm the only one on the lease. I'm the only one that put the 2000$ deposit. Can he keep the deposit and hold me liable for rent if i give notice but roommate refuses to leave? As far as I know no new lease was signed.
A:
Life can get very complicated when you don't resolve issues as they come up. First, since it is the sub-tenant the LL has no right to have them pay him directly, this is not proper. But you are moving too many people onto the property without getting them on the lease or obtaining LL approval, which is probably required in your lease. LL approval is standard on all lease forms from Realtors.
If you are moving out, you should first give notice to the sub tenants that their occupancy rights are terminated. In some cases a 60 day notice is required by law. Once you terminate their tenancies, you can give notice to the LL that you are terminating. Having said this, be aware that this is no guarantee that the LL won't come after you if the tenants hold over and you move out. He could take it out of your deposit, under the lease, and you would have to fight him and your former subtenants in Court.
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