Whatare the differences and legal rights between tenant and occupants?
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Whatare the differences and legal rights between tenant and occupants?
I’m an occupant to my roommate as tenant who is giving notice to our landlord, which would means I’m taking over as tenant. When we first moved in we have told them the situation that I’ll be taking over. We told them I have a bad credit history. They didn’t see any issue with it and even advice that as long as I write half of the check to them and see a good rent payment record I should be fine. Now the time has come and they denied it due to my bad credit history. We have a good standing record with our rent payment nor had complaints. What is my right is this case?
Asked on November 2, 2011 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A tenant has an agreement with someone who has a legal right to possession of a premises--whether the landlord, or an existing tenant (in which case the new tenant is a subtenant of the tenant who has the agreement with the landlord)--which agreement provides that in exchange for a certain payment or certain services (e.g. making repairs or acting as super), the tenant has the right to reside in the premises. Someone who is not a tenant is merely there as a guest, and can remain only so long as he or she is allowed.
Whether you are subtenant of the main tenant, or a guest of a tenant, once that tenant loses the right to possession, whether by a lease ending, or violating his lease, or being evicted, etc., then the subtenant or occupant has no further rights to remain there; all his or her rights came from the main tenant, who no longer has any rights to give.
IF you had an enforceable agreement with the landlord to take over as tenant (which would generally mean that you gave the landlord something as
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