What are my tenant rights, if any, pursuant to an addendum?
Question Details:
About 6 years ago my former roommate Sheila and our friend Adam moved in together, both of them signed the lease. Adam moved out a couple years ago, and I moved in. I did not add myself to the lease, and Adam did not remove himself. In July, Sheila moved out, and Adam moved back in. Sheila signed off the lease, and Adam did not have to do anything since he was still on it. I added myself as an addendum to the lease. I have lived in this apartment for two years, and have always paid my rent separately and on time directly to the management. Adam has given his 30 days notice. What are my rights?
Real Estate Law Answers
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
Your facts are not clear to me, so I have to make some assumptions here: (1) you and Adam are residing in a single residential unit (as opposed to living in two separate apartments), (2) you and Adam are holding under a single lease (as opposed to a separate lease for each of you) and (3) you and Adam are on a month-to-month tenancy (or else it would not make any sense for a tenant to try giving 30-day notice ot terminate).
If the landlord has accepted you and Adam as the current tenants, then both of you are jointly and severally liable for the lease. Therefore, if Adam moves out, then you will be faced to pay the entire rent. You can try to speak to the landlord and see if the landlord is willing to modify the lease, for example, by releasing Adam and taking on a replacement tenant.
All the best to you, and be sure to consult your own attorney.
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