Posted by TenantNet on March 01, 1997 at 13:42:18:
In Reply to: Paying w/o lease? posted by Lajos Komar on February 25, 1997 at 23:55:02:
: Dear Fellow Tenants:
: I need a good advice. Landlord sues me for one year rent.
: I never signed a lease, phone, gas was not on my name, several
: other people lived in the apt from time-to-time, but (i) I did pay with
: my check twice one year before the period in question, and (ii) people in
: the building saw me there quite a few times. Somebody signed
: the lease, but he is now in Europe, and that lease is expired.
: Any advice to avoid paying for this apt that I never rented,
: but kind of lived there?
It sounds complicated and I'm sure you just summarized the situation.
But it sounds as if you were the "roommate" or "licensee" of the
prime tenant. I think you would then be responsible to the prime
tenant and not the landlord, but it really depends on any lease and the
actual renting practice. Who were the other people? Also roommates?
Did this renting arrangement act as the landlord deciding who stays
there and for how long? The owner it appears is just trying to catch
someone and it's up to you to convince the court that you were just
a roommate, that you did not sign any lease directly with the owner
making you liable and that the proper party to sue is the prime tenant.
I would also talk this over with a lawyer.
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