How do I stay in my Home? I'm not on the lease and my roommate who was died?

So my roommate died. I am not on the lease. I want to stay at my house, but the landlord doesn t know I live there. We had talked about me moving in to him, but we hadn t moved forward on it. How do I convince him to let me stay (or move in) there when I call him to tell him the news?

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  • Carmen
    Lv 4
    8 months ago

    My condolences on your lost pray before you address issue for the landlord to be sympathetic and hopefully patient and caring enough to either allow you time to move if needed or time to get things in your name if you want to stay there .

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  • 9 months ago

    contact the landlord and tell him you wish to rent the home.

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  • 9 months ago

    If you can qualify for the unit on your own, with an application, credit check, etc...then the landlord shouldn't have any problem renting to you.

    However, you will need to come up with a new security deposit as your landlord legally must refund that to the estate of your deceased roommate...who was technically sub-leasing to you.

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  • 9 months ago

    2 options. Option one is to simply call the landlord and tell him the lessor has passed away. Tell him you hven't been living at the house but just moved in for a day or 2 to get it all cleaned up but you have decided you like the place and would he consider a new lease with you since he clearly needs someone to rent it. He will probably say sure and run your credit and income but if you don't qualify for the place then you are going to have to leave and find other arrangements.

    Option 2 is to simply say nothing and keep sending him rent payments on the 1st of every month. He may not notice or may notice and may not care (since he is getting paid). When the lease runs out or you want to move then go ahead, but give him proper notice and all - he deserves that.

    For option 2, if he does notice then at that point tell him the lessor passed away but you thought it would be ok if you stayed there but if not could you apply. He may run your credit or may just evict you since you never told him the roomate had died.

    Personally if you hve good credit and income and think you can get approved then I'd go with option 1, if not then option 2 and keep your door locked.

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  • R P
    Lv 7
    9 months ago

    The only one who can answer your question is the landlord. It is strictly his decision whether or not you can stay since you have already violated the existing lease.

    You probably should be actively seeking another place to live since the odds are not in your favor of being allowed to sign a new lease.

    Source(s): FL landlord
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  • 9 months ago

    Because you were not on the lease, you do not have an automatic right to stay. The landlord can require you to prove you are financially qualified and sufficiently employed, just as they would require of any prospective tenant. However, because you have established tenancy, even illegally, the landlord must still follow state law in having you lawfully removed aka eviction.

    So, speak with the landlord, see if they are willing to have you take over the remaining term of the lease, offer you your own lease (voiding the current one), or voiding the current lease and putting you on a month to month basis. Be prepared to move in the next 30 - 60 days just in case.

    One other point. Technically, the security deposit that was paid belongs to the estate of the roommate. The landlord should ask you to pay a security deposit and return the roommate's deposit to their estate. The landlord can say nothing and you can say nothing, but if the executor of the roommate's estate says something, it can become an issue.

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  • Anonymous
    9 months ago

    I don't get why this is difficult. Most landlords will be more than happy to hear something like this, because it means they don't have to advertise, miss out on rent, get the place cleaned, etc.

    You say you had discussed this before with him, but you didn't indicate what was said or how he reacted. So it's tough to suggest exact wording. He'll probably want to know about your finances more than anything else.

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  • 9 months ago

    Only way to do it is to contact him, etc. He'll probably be happy not to miss out on any rent.

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  • Amy
    Lv 7
    9 months ago

    Inform the landlord that your "roommate" violated his lease by allowing you to move in, and you've been there long enough to have squatter's rights. (Also, look up what your rights are in this city)

    Then tell them that you would like to take over the lease or sign a new one.

    But be prepared for the landlord to refuse, and to change the locks while you're out.

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  • 9 months ago

    Contact him and tell him of the death. As long as he gets his rent, he shouldn’t have a problem.

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