I have been living in the same apartment with my son for more than 4 years and have been paying the rent with my own check although the contract of lease is between my son and the landlord. The management of the apartment have been changed three times during the 4 years of my stay. The present management said that I am not a legal tenant or resident of the apartment since I was not included in the names of occupants in the contract. Am I a legal tenant? Do I have rights?
1 Answer from Attorneys
You are a legal tenant. A written lease is not required to create a tenancy. Occupation of the landlord's property in exchange for rent payments creates a tenancy. Your landlord's management company is wrong.