Subletting question

[danhawks]

Since I figure that the collective group here must have some experience with this sort of thing, I'm going to toss out a real estate question.

I live in NJ, and since Nov. 1, I have been living in my girlfriend's apartment and paying the rent while she is in Florida for work. She has a contract there that goes through March, so she has only been back in NJ during her Christmas break.

She moved in on Aug. 1 and signed a 1-year lease.

So, here's the story. The landlord, who has been happily taking my rent checks for the last two months, comes up last night and tells us that she has broken her lease by having me live there. I imagine he wants to re-write the lease with both of our names on it (which I don't necessarily have a problem with). However, in doing this, I'm sure he'll take this as an opportunity to jack up the rent by $50 at least, and she's not totally sure that she wants to re-start the lease for another 12 months.

What's the best way to prevent the landlord from screwing us around?

Am I a roommate? Or a subletter? What works better for us? Any tips for dealing with this situation?

Thanks,
Dan

 

[Ace]

Since I figure that the collective group here must have some experience with this sort of thing, I'm going to toss out a real estate question.

I live in NJ, and since Nov. 1, I have been living in my girlfriend's apartment and paying the rent while she is in Florida for work. She has a contract there that goes through March, so she has only been back in NJ during her Christmas break.

She moved in on Aug. 1 and signed a 1-year lease.

So, here's the story. The landlord, who has been happily taking my rent checks for the last two months, comes up last night and tells us that she has broken her lease by having me live there. I imagine he wants to re-write the lease with both of our names on it (which I don't necessarily have a problem with). However, in doing this, I'm sure he'll take this as an opportunity to jack up the rent by $50 at least, and she's not totally sure that she wants to re-start the lease for another 12 months.

What's the best way to prevent the landlord from screwing us around?

Am I a roommate? Or a subletter? What works better for us? Any tips for dealing with this situation?

Thanks,
Dan

do you want to stay there past march?

 

[DyePack]

It all depends on how the lease is written.

 

[danhawks]

Yeah, I figure that the lease is the key. As long as the lease doesn't explicitly forbid something, it's allowed, right? And, I probably won't stay there much into April, unless she gets another gig out of town and is planning to leave in May...it's a small place and I still have an apartment's worth of stuff in storage in Syracuse that I would want to move into my own place at some point.

Thanks, keep 'em coming.

 

[Ace]

If he just wants to add your name, that is one thing. If he wants to start a whole new 12-month cycle, I would hold him off.

I bet if he takes another check after proving he knew of the situation, you are home free.