QUESTION
Are there any grounds for him taking the lease or the landlord keeping us, non-family related, from pursuing lease renewal with no damages to the apt?
Asked on Jan 20th, 2013 on Landlord and Tenant Law - Delaware
More details to this question:
The nephew of the landlord, myself and our other roommate signed the lease with no clause of any special favoring. He insists that the lease is his to take over, without any consolation with his uncle, once the time is up. We have lived in this rent, stabilized apartment for 3 years, without any damages to the property and have always paid our rent on time. Is there any possible favoring (legally) to family? I’m worried he might pursue some deal with our landlord (his uncle) behind our backs. Are there any nuances in terms of ownership or anything else between tenants if we all signed the lease?
6 ANSWERS
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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Unfortunately, there are no ownership rights for tenants. Once a lease is over, a landlord can tell a tenant to leave with proper notice. The reason why this is dons does not matter except that discrimination is not allowed.
Answered on Jan 24th, 2013 at 10:29 PM
Generally speaking, a landlord can rent to whomever they choose. Once the lease lapses, as long as he gives proper notice, he can ask you to vacate the premises and if you don't evict you. It isn't a matter of family ties, it is a matter that the lease is over. You might check the rent subsidizing ordinances to see if there is any provision for continuing the lease, but I doubt the law can force someone to renew a lease to someone they simply don't want to.
Answered on Jan 24th, 2013 at 9:06 PM
Everyone who signed the lease should have the same rights. Approach the uncle now to address the subject.
Answered on Jan 24th, 2013 at 12:30 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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The only issue might be that the landlord may not want to renew the lease. Does he have that power? If so, at the end of the lease, the tenants will have to leave.
Answered on Jan 24th, 2013 at 12:30 PM
Yes, you might have rights. You'll need to have a lawyer review the Rent Stabilization Act of your jurisdiction to see if the landlord has acted improperly.
Answered on Jan 24th, 2013 at 11:16 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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The landlord has the right to terminate the lease but he has to give you 60 days notice before the end of the lease term.
Answered on Jan 24th, 2013 at 11:15 AM