posted
...Should this be in "Anywhere machine"? I've always been a little hazy on the rules for posting on MMB...
In any case....
Im annoyed. Aggravated. tetchy at best.
Some background:
6 months ago I gave up my life in one city to move myself to another city, for a young man whom I thought was the love of my life. We broke up, as one does, And I stayed out of spite. Got a good job, A fantastic house, And did my best to forget him.
And he calls me on my birthday, at 2 in the morning, and it starts again. whihc...fine. I'm ok with. but I know he's eventually going to start being an ass again. I gave it a week. it took 3.
Sadly Im still deeply, Painfully in love with him, But life goes on.
The house, However, is why I need to vent, and possibly get some advice.
I signed a lease with a girl, and agreed to paying $750 a week in rent on the proviso that I take a full studio space.
Said studio space for 4 moonths had been taken up as storage by the other girl on the lease. She gets in a new housemate, and in the space of a day they clear it out and he takes it over, whilst Im paying for it. I askit to be cleared out and she tells me I have to move. I'm on the lease. She's leaving the country for a 5 month holiday essentially making me the landlord for a a guy who I'm starting to despise.
So...question....do i give in and just sign over the lease and give in? Or be spitefiul, Which I'm quite adept at being, Dig my heels in and stay. thing is I really need to space now as I've been asked to do two gallery showings and have a whole bunch of other work come in over the past couple of month, not to mention work i've been neglecting.
Help?
-------------------- Remember : It's not technically a suckerpunch if you yell ''DEFEND YOURSELF SPROCKER!'' two seconds before you let him have it.
From: Australia | Registered: Apr 2005
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posted
This is just downright rude on her/their part.
Is the priviso about your getting the studio spece in writing? or are there more witnesses than just you and her?
If so, I'd take it to small claims court, if you have such a thing... or even regular court, seeking a full refund on all your rent for breach of contract, plus pain/suffering damages. I'm not one for pointless litigation, but it truly does sound like you have a legit grievance here.
From: Vancouver, BC, Canada | Registered: Dec 2003
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posted
You would definitely want to check with a lawyer or a renter's advisory board or at least search the internet for renters rights in your area.
It is unclear in your narrative, did girl 2 tell you that you have to move when you ask her to clear out the studio space or when she told you that she is leaving for 5 months? What did girl 2 say when girl 1 subletted to you and/or when you moved in?
And I don't think you'll be guy2's landlord. It sounds like you are both subletting. Generally, if you or he fail to pay the rent, the landlord (aka the owner of the house) would go after the person(s) he has a lease with. They in turn would go after you for the rent.
Whether you stay or go depends upon the lease you have, what the provisions are for breaking the lease, and then your own feelings on the matter.
If the law on renting is similar in Australia as they are here in the US (and I think for the most part they are with minor differences), if you break your lease by moving out early, you could still be liable for the rent until the end of the lease. Your landlord (in this case it sounds like girl 1) does have an obligation to mitigate damages by renting the apartment out to another renter as soon as possible. But if she can't find another renter, you would then be liable for the rent.
If you do decide to leave, also check your lease for how much notice you need to provide.
As long as the lease you have specifies the studio as being yours, you should be able to get the guy out of it so that you can make use of it.
When you signed the lease did girl 2 have her stuff in the studio and if so what was said about it by girl 1 and/or girl 2 and by you? The answers to those question would help determine if you have a cause of action against girl 2 for the 4 months she had her stuff in your (as per the lease) studio space.
definitely definitely check out the law in your area before you do something.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Quislet, Esq.: You would definitely want to check with a lawyer or a renter's advisory board or at least search the internet for renters rights in your area.
It is unclear in your narrative, did girl 2 tell you that you have to move when you ask her to clear out the studio space or when she told you that she is leaving for 5 months? What did girl 2 say when girl 1 subletted to you and/or when you moved in?
And I don't think you'll be guy2's landlord. It sounds like you are both subletting. Generally, if you or he fail to pay the rent, the landlord (aka the owner of the house) would go after the person(s) he has a lease with. They in turn would go after you for the rent.
Whether you stay or go depends upon the lease you have, what the provisions are for breaking the lease, and then your own feelings on the matter.
If the law on renting is similar in Australia as they are here in the US (and I think for the most part they are with minor differences), if you break your lease by moving out early, you could still be liable for the rent until the end of the lease. Your landlord (in this case it sounds like girl 1) does have an obligation to mitigate damages by renting the apartment out to another renter as soon as possible. But if she can't find another renter, you would then be liable for the rent.
If you do decide to leave, also check your lease for how much notice you need to provide.
As long as the lease you have specifies the studio as being yours, you should be able to get the guy out of it so that you can make use of it.
When you signed the lease did girl 2 have her stuff in the studio and if so what was said about it by girl 1 and/or girl 2 and by you? The answers to those question would help determine if you have a cause of action against girl 2 for the 4 months she had her stuff in your (as per the lease) studio space.
definitely definitely check out the law in your area before you do something.
its one girl, and two other guys in the house. I'm on the lease, the Girl, Naomi, is on the lease.
the place was empty before we moved in.
She asked me to move when I said I needed my studio space, As I think she had promised it to the new guy. Who has no job. So I'm essentially paying for him to have a studio. If I take said studio space he will be occupying her studio, or at least half of it. Which is where the problem lies.
I think she thought Id be happy with the situation, as I work 11 hour days and "dont have time" for such frivolous things as a life outside of work.
-------------------- Remember : It's not technically a suckerpunch if you yell ''DEFEND YOURSELF SPROCKER!'' two seconds before you let him have it.
From: Australia | Registered: Apr 2005
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posted
Well, the first thing you need to do is be sure of what your lease says. Then check with the local legal situation.
Who did you actually sign a lease with? Naomi or the owner of the house? Or are they one and the same?
As I said in my previous post, if you break the lease, you could be responsible for the rent if no replacement tenant is found. And from what you are saying about her (keeping her stuff in the studio space, bringing in a new roommate and letting him use the studio you are paying for) I would not be surprized if she brought suit if you broke the lease early.
-------------------- Five billion years from now the Sun will go nova and obliterate the Earth. Don't sweat the small stuff!
From: Boston | Registered: Aug 2003
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quote:Originally posted by Quislet, Esq.: Well, the first thing you need to do is be sure of what your lease says. Then check with the local legal situation.
Who did you actually sign a lease with? Naomi or the owner of the house? Or are they one and the same?
As I said in my previous post, if you break the lease, you could be responsible for the rent if no replacement tenant is found. And from what you are saying about her (keeping her stuff in the studio space, bringing in a new roommate and letting him use the studio you are paying for) I would not be surprized if she brought suit if you broke the lease early.
She's just on the lease with me. Its owned by some rich old guy in Queensland. Its going to turn into a shitfight evidently. thank god for family lawyers Pointless yes men they may very well be but they get results.
-------------------- Remember : It's not technically a suckerpunch if you yell ''DEFEND YOURSELF SPROCKER!'' two seconds before you let him have it.
From: Australia | Registered: Apr 2005
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posted
(I was being a dick, And quoting the simpsons, there was no offence intended in any form whatsoever)
-------------------- Remember : It's not technically a suckerpunch if you yell ''DEFEND YOURSELF SPROCKER!'' two seconds before you let him have it.
From: Australia | Registered: Apr 2005
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