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About Jonathan Dever, Esq
Expertise
Real Estate Law, Buying Selling, Investor, all types of acquiring property through "creative techniques" and fraud avoidance

Experience
Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years

Organizations
Ohio Bar Assn Greene County Bar Assn Champaign County Bar Assn

Publications
Personal web site and web articles

Education/Credentials
JD - Capital University MA - IU of Penn BA - U of Cincinnati

Awards and Honors
Super Lawyer 2005, 2006, 2007 Who is Who, Lawyers 2006, 2007

 
   

You are here:  Experts > Real Estate > Apartment Living/Rental > Real Estate Law (esp. Landlord-Tenant) > Tenant Rights to Renewing a Lease

Real Estate Law (esp. Landlord-Tenant) - Tenant Rights to Renewing a Lease


Expert: Jonathan Dever, Esq - 7/8/2008

Question
Mr. Dever,

I live with three roommates in Brooklyn, NY, and moved in last August. We have a one-year lease, and all of us are on the lease.

One of our roommates wrote two emails to the rest of us in early June stating that he was not going to renew the lease. We asked him to talk about his decision and he vehemently declined.

After this we found a new person to fill the space, and a second roommate contacted our landlady to inform her of the first roommate's intention to leave and to start the paperwork for the incoming roommate.

We told the first roommate that we had someone to fill his space, and he flipped a lid, claiming that he never told the landlady and that the room is his, and that he is going to stay and fight for his legal rights.

We are not asking him to leave before the end of the lease. Our landlady is happy to rent to any acceptable person who works with the majority of the house, but we don't want to ask her to do anything that isn't above board.

The bottom line is that this roommate has to go. He makes the living environment toxic. How can we go about insuring that this is the case, legally?

Thank you so much for your time

Answer
Simply get a lease with the new roommate.  If he won't leave, then ask the landlady for a new unit and tell the roommate that he is on his own and will have to pay rent for the entire place by himself.  The roommate is simply throwing a temper tantrum.  Treat him like a 2 year old.

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