If I am in a joint lease agreement but no longer live at the apartment and the roommates go against my wishes, can I ask for reparations?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am in a joint lease agreement but no longer live at the apartment and the roommates go against my wishes, can I ask for reparations?

They roommates sold a parking space that went along with our apartment without my knowledge and kept the money for themselves. Our rent is $445 a month. When I moved out of the apartment knowing I’d still be paying rent I said, “I’d like to know if people are staying at the house or if you have a bunch of people over. Please do not let anybody in my room or stay in there without my permission”. I showed up at the apartment to find somebody else’s things in my room and people at the house without my knowledge. I feel this is an invasion of space and a breaking of our contract.

Asked on May 6, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are still paying your portion of the rent, then you should still have  possessory rights to the premises--that is, you are still on the lease and are still  a tenant, equally so with your roommates. That is because residence has nothing to do with whether or not someone is a legal tenant--you can rent space you are not living in, for example. Therefore, your roommates could not move someone (or someone's belongings) into your space at that apartment without your consent and could not sell the rental's parking space without at least giving you your share of the proceeds. (If there were three or more of you, a majority of  the roommates could likely choose to sell the space, but would have to distribute proceeds appropriately.)

They probably can have people over without your consent, unless there was in fact some agreement (which means something they specifically agreed to, not merely something you asked them to do, but to which they did not actually agree) to that effect.

You could take legal action against your roommates to enforce the rights you have a tenant; whether or not that is economically worthwhihle, however, is a different story.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption