Need Legal Advice For Something Illegal...?


Okay, I realize this is all illegal, I'm just trying to cover as various bases as possible to safeguard myself as much as possible. My friend Cody's girlfriend, Carrie, has a kid and has this apartment she lease until November. Well, after getting with Cody, she realized Cody's house was much more accommodating than her little 1-bedroom apartment. So she's paying $400 a month for an meaningless apartment. If she breaks contract before November, she's going to get taxed hardcore. So she asked us (myself and my girlfriend) if we'd resembling to stay there until November, paying $200 rent. Okay, I really don't think she'd screw us over because in the cease, we're helping her save $200. My greatest concerns are this: 1) What if she decides she suddenly needs to move final in? We'll, of course, need time to receive our stuff out...and this isn't even my main concern. My main concern is 2) What if she turns around and claims all OUR property as HERS? I connote, the lease is under her name, so I believe she could legally do this if she be so inclined and treacherous. So is there any way I could maybe write a contract beside her that would hold up in small claims? Or perhaps, as my current roommate suggested, could I take pictures of the worthless apartment (with a time-stamp) and then take more pictures of all our stuff after its moved surrounded by (with a time-stamp)? Times are rough right now and ATM I'm living in a damn garage so any opportunity to find a better place to stay is going to be taken advantage of. I a short time ago don't want to lose everything I own. Any suggestions/advice? Please, and thank you. -Daveed- HELPFUL ADVICE. Realistic advice, come on. The world's not fresh and flowery like everyone likes to cogitate. Sometimes the illegal things shouldn't be illegal. That's why this country is great---we can change the things that call for to be changed with the times. Can I get some REAL advice, please? For some drive, they can't get a hold of the landlord. It's just that $200 a month is confidently affordable...if we take over the lease, that jumps to $400. For some reason, they can't achieve a hold of the landlord. It's just that $200 a month is easily affordable...if we pilfer over the lease, that jumps to $400.
Best Answer:
In the States, you can officially have two people on a lease for an Apartment with one bedroom. Have you considered putting your nickname on the lease with hers? Just to prevent everything you've described. Assuming there is an obvious explanation of why this would be a bad idea, you do need to realize that a small written contract between you three can run a long way. To address your second concern, this really shouldn't be too relevant. It's understandable to be worried, but her name on a lease does not give up her the right of possession towards any of the things you move in. Think of it as a tenant - landlord relationship. Yes, her name is on the apartment, but the possessions inside still belong to you. Even if this is somewhat, criminal, the law can still cover you to an extent. That being said though, you really do need to supply consideration to some type of WRITTEN contract. Even if this is less than formal, her signature can save you later on if she tries to come contained by and kick you out. Be sure to include that you are to pay $200 per month till the month of November and such. I hope that helps a bit. Even surrounded by the shadiest of situations, the law can still protect you. Maybe that's a little too conservative. I should reword that to "Every law have it's loophole". That sounds more correct. Good Luck
Don't even need to read it. If it's improper, the best legal advice is... Don't Do It
Your subletting of her apartment may not be illegal. READ HER LEASE. The landlord may also be of a mind to let her out of her lease if you agree to take it over and pay the full rent. Do you have a sneaking suspicion that he'd be willing to consider it? Finally, yes, you can write a contract AND take pictures. I suggest both.
As long as you have a properly written contract and she dates and signs it, and you have a witness, it should be valid.
Yes, I agreed with PAT's answer. The apt. complex can let you run over the lease, or add you as roommate, which will give you full right to the apt. until November without any worries of her coming rear legs and kicking you out. It is not illegal to SUB LEASE an apartment. The other solution is that she gives you the money until November to cover her part of the rent, as a guarantee or deposit. So she won't rear out of the deal. Keep asking around ...Your best solution is to contact her apt. complex lease office and inquired. Good luck
Has she talked to the landlord about have you take over the lease? The landlord shouldn't mind to much as long as your ok and you apply and do all the paperwork, next you would have the lease to the apartment, and everything would like you say "Fresh and Flowery" If the innkeeper won't let you take over the lease, or sublet (I noticed within the story you never mention discussing any of this with the landlord, which should be the first step unless you have a specific "NO SUBLETTING, NO ESCAPE" clause contained by your lease then what you want to do is take pictures, then write up a contract between you and her stating you are subletting the apartment for x amount respectively month, and that she is giving the apartment to you in empty condition and that anything in the apartment after y date is yours. Note any damanges already near, but remember that you are responsible for the damages. That contract should hold up in court. What your doing isn't really illegal criminally, it's more of a gray area of civil ruling. Just get a good contract with her, but first try to see if you can lately take over the remainder of the lease. I just had my room mate move out and a alien one take over the remainder of her lease.
I think the counsel your friend gave you is pretty good, take in the past and after photos when you move in, write a contract and have her sign it and legalize it... Not much else you want to do besides be glad you're out of your garage and hope she doesn't turn on you! lol