We currently rent the upper portion of a house and other tenants (3) rent the basement. We are in talks with the landlord to rent the entire house. He recently emailed an addendum to our lease for us to review I have included the portion that I have a question about directly below this paragraph.
"A 2. The current plan is to try to serve the legal papers towards the middle of March, 2014, for vacating the basement, indicating the residents to vacate by no later than April 30, 2014. This plan can be postponed monthly due to medical condition /emergencies of residents OR other major factors such as basement residents being in the middle of a house improvement project.
The landlord will pay legal expenses related to taking legal action, if needed, for residents of the basement in order to vacate the basement. From the starting date of the legal action taken, the tenant will be responsible for the portion of rent not received from the Tenants, which is less than $875 (eight hundred seventy five 00/100 per month). The rest of the losses will be absorbed by the landlord."
Can my landlord legally expect me to pay the unpaid portion of the basement tenants rent?
Answer
No, generally in a residential setting a landlord cannot demand rent before it has given possession.
Note that this answer offers general legal information and is not designed to take the place of getting confidential legal advice specific to your situation.
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