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ljackson1980 · Jan 31, 2009, 04:34 PM

My roommate got arrested last week, I went to the office to find out if I could get an extra mail key and found out that I was not on the lease and the rent was due for jan. since I am not on the lease, can they make me leave, even though the person on lease is not here? What are my rights? Oh and I live in SC.

excon · Feb 1, 2009, 04:57 AM

Hello l:

If you pay the rent, I don't think they'll care. But, if the rent isn't paid, they'll evict EVERYBODY in the apartment. Now, it looks like you're TWO months behind... I'd be looking for new digs.

excon

SaraKammeraad · Feb 1, 2009, 05:03 AM

I would explain the situation to them and make them aware that the room mate will not be in jail forever. But that you have been staying there under the impression that you were on the lease. They will not add you to the lease without something from the room mate. I'm sure that if you pay the rent tat they will let it slide, but if they do tell you that you hve to move , legally you do not. If you live in a residence for more than 5 consecutive days you are consider a resident whether your on the lease or not. And they would have to legally evict you through court preceding which would be hard if you explained it to the judge. Hope this helps.

JudyKayTee · Feb 1, 2009, 07:16 AM

Originally Posted by SaraKammeraad

I would explain the situation to them and make them aware that the room mate will not be in jail forever. But that you have been staying there under the impression that you were on the lease. They will not add you to the lease without something from the room mate. I'm sure that if you pay the rent tat they will let it slide, but if they do tell you that you hve to move , legally you do not. If you live in a residence for more than 5 consecutive days you are consider a resident whether your on the lease or not. And they would have to legally evict you through court preceding which would be hard if you explained it to the judge. Hope this helps.

If OP doesn't pay rent, OP will be evicted. If OP does pay rent, the landlord will "probably" let things slide.

I'm a little confused why OP didn't know he/she was on the lease. You either sign a lease or you don't.

I'm curious about the law that a person living in a residence for more than 5 consecutive days becomes a resident. The person certainly has to be evicted but I have never heard the "5 consecutive days" rule. What State?