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Posted by Lilly N. Thall on November 18, 1997 at 08:44:26:

In Reply to: Re: Rights for roomate/share posted by Amy Minter on November 17, 1997 at 16:09:05:

: I have a question for you relating to the "rights for soommates" reply.
: I currently have a situation and I am unsure of the legal and proper ways of
: handling the situation. Last June I moved into an apartment with a friend from college.
: She found the apartment through a broker, signed the lease etc. She told
: me that we were sharing the apartment. I asked if she would put me on the lease,
: but she refused. She said that it was unnecessary. Before moving into the
: apartment I wrote her a check for $2280, which included first and last months rent
: and haldf of the broker's fee. Six months later she has told me that I should
: think about getting a new place by the end of the current lease because she
: wants to take over the place. I was told that I could stay there for as
: long as my roommate was staying there, but I have been asked to leave. The
: Question is am I entitled to my half of the realtor's fee back because she
: is staying in the apartment, but forcing me to leave? Please give me any
: advice you have in handling this situation.

Sounds to me that this isn't really a tenant matter. If she's the sole tenant
on the lease, she has rights over you (but you could make it difficult if you wish).
Even so, you shouldn't have paid the broker's fee if she refused to put
you on the lease. Did you pay the broker directly or her? Did you both go
to the broker and engage him? I would say you are entitled to your share of
the broker's fee, but that's a matter for small claims court. On the other
hand, if she charged (and you paid) half the broker's fee, you might have
accrued some additional rights. I would check with a lawyer on that.

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Comments:
: : I have a question for you relating to the "rights for soommates" reply.  
: : I currently have a situation and I am unsure of the legal and proper ways of 
: : handling the situation.  Last June I moved into an apartment with a friend from college.  
: : She found the apartment through a broker, signed the lease etc.  She told
: : me that we were sharing  the apartment.  I asked if she would put me on the lease,
: : but she refused.  She said that it was unnecessary.  Before moving into the
: : apartment I wrote her a check for $2280, which included first and last months rent
: : and haldf of the broker's fee.  Six months later she has told me that I should
: : think about getting a new place by the end of the current lease because she
: : wants to take over the place.  I was told that I could stay there for as
: : long as my roommate was staying there, but I have been asked to leave.  The
: : Question is am I entitled to my half of the realtor's fee back because she
: : is staying in the apartment, but forcing me to leave?  Please give me any 
: : advice you have in handling this situation.  

: Sounds to me that this isn't really a tenant matter. If she's the sole tenant
: on the lease, she has rights over you (but you could make it difficult if you wish).
: Even so, you shouldn't have paid the broker's fee if she refused to put
: you on the lease. Did you pay the broker directly or her? Did you both go
: to the broker and engage him? I would say you are entitled to your share of
: the broker's fee, but that's a matter for small claims court. On the other
: hand, if she charged (and you paid) half the broker's fee, you might have
: accrued some additional rights. I would check with a lawyer on that.
:  


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