Am I entitled and/or required to submit notice to end house lease in this situation?

[NGinCreator]

My housemate is the tenant on lease for the house we rent. My father is listed as her guarantor. Do I count as a subtenant/tenant? I assume yes and would still have to give at least 1 month's notice (or more if the lease agreement states so) as per the Rental Housing Act.

Do I have the right to submit such notice to terminate the agreement? The housemate and I will be going our separate ways after the termination. Or, do I not have to submit notice at all? The housemate's future tenancy prospects are irrelevant to me.

I don't have access to the lease agreement at this time as the housemate will throw a hissy fit if I ask for it, so biding my time until I can move out.

I'll also be contacting the Rental Housing Tribunal in the near future to get more info, but was wondering here as well.

 

[ITCynic]

As far as I know only the person(s) listed on the lease agreement can give notice.

If you are not listed on the lease agreement you cannot give notice as you are not part of the agreement.

If you are not part of the agreement, just move out.

 

[Venomous]

As far as I know only the person(s) listed on the lease agreement can give notice.

If you are not listed on the lease agreement you cannot give notice as you are not part of the agreement.

If you are not part of the agreement, just move out.

What if the OP's father atempt to revoke surity?

 

[NGinCreator]

What if the OP's father atempt to revoke surity?

Not sure how that would affect things. My father is actually a foreign national and doesn't care about revoking it, he just wants to get me out of there and have me become the tenant on lease somewhere else. There's also the issue of him having paid the deposit and thus wanting it back (which I highly doubt will happen due him not being the tenant on lease) when we do leave. If what ITCynic said is correct, it will be convenient for me in terms of being able to leave quickly. The only verbal agreement between myself/my father/the housemate is that rent be paid, nothing about informing the other.

 

[ITCynic]

I overloooked the fact that the OP's father is the guarantor. This can get messy.

Could you tell us :-

a) did your father sign the lease as guarantor ?
b) if he did, does he have a copy of the lease ?
c) did you co-sign the lease with your housemate ?
d) how many months left on the lease period ?

 

[NGinCreator]

I overloooked the fact that the OP's father is the guarantor. This can get messy.

Could you tell us :-

a) did your father sign the lease as guarantor ?
b) if he did, does he have a copy of the lease ?
c) did you co-sign the lease with your housemate ?
d) how many months left on the lease period ?

a)He told me so the other day. He's not a South African though so not sure how that would affect things. Honestly he might even be wording it incorrectly since he doesn't speak English that well either, but I'm going on the assumption of guarantor now since he did say he signed on it in that capacity.
b)No.
c)No.
d)Technically expired in April, but we're still living in the place so that counts as a renewal until next April if I remember correctly.

EDIT: If we inform the housemate of our intent to leave, there's nothing she can do and she will give the landlord notice as she can't afford rent. I can sign a place in my name (potentially with my father as the guarantor again) and she'll have to deal with it. What's the sticky part exactly?

 

[ITCynic]

If the lease was up in April, then usually you can continue staying on a month-to-month basis with a 30 day notice period.

You father should contact the landlord/owner of the property and IN WRITING, cancel his guarantee.

You did not sign the lease so you cannot give notice to the landlord, however you can give notice to your flatmate that you intend leaving. If the situation is bound to get unpleasant I would suggest that you find a place and sign a new lease elswhere before giving notice to your housemate. Giving her notice at least gives her a chance to find another flatmate or to give notice on the month to month lease currently in place.

I dont undestand why your father paid a deposit (presumably on your behalf) when you are not a signatory to the lease. Your fathers signature to the lease could be that he signed on your behalf which changes things somewhat. To get a better picture of what your options are, get a copy of the lease from the owner/landlord. You can then see what exactly is going on.

Without a copy of the lease, any actions you choose to take could end up becoming a nightmare.

 

[NGinCreator]

If the lease was up in April, then usually you can continue staying on a month-to-month basis with a 30 day notice period.

You father should contact the landlord/owner of the property and IN WRITING, cancel his guarantee.

You did not sign the lease so you cannot give notice to the landlord, however you can give notice to your flatmate that you intend leaving. If the situation is bound to get unpleasant I would suggest that you find a place and sign a new lease elswhere before giving notice to your housemate. Giving her notice at least gives her a chance to find another flatmate or to give notice on the month to month lease currently in place.

I dont undestand why your father paid a deposit (presumably on your behalf) when you are not a signatory to the lease. Your fathers signature to the lease could be that he signed on your behalf which changes things somewhat. To get a better picture of what your options are, get a copy of the lease from the owner/landlord. You can then see what exactly is going on.

Without a copy of the lease, any actions you choose to take could end up becoming a nightmare.

I was 18 and in matric at the time and my father and the housemate were involved romantically. He paid the deposit because the landlord was being iffy about a foreign national signing the lease. If it were on my behalf, wouldn't my details also be in the lease? I had no SA ID then and didn't have to sign/give any information. My father also paid for some furniture, but only 2 of the items are not under a contract in the housemate's son's name (the fridge and dining table). I personally only care to take the fridge with.

With what you're saying, if I understand it correctly, the best course of action is:

-Obtain lease copy from landlord/housemate
-Have father cancel his guarantee in writing
-Find a new place and sign that lease
-Give the housemate notice to leave

Of course, if we request a copy of the lease, she'll get suspicious. Since I was not involved in any way, I'd guess it's a bit easier?

 

[ITCynic]

You have understood correctly but I strongly advise that you or your father get a copy of the lease and examine it carefully before doing anything.

Maybe your father can get a copy of the lease from the landlord/owner seeing as he signed it. He can say he needs it for his records as he is a signatory on the lease.

 

[NGinCreator]

You have understood correctly but I strongly advise that you or your father get a copy of the lease and examine it carefully before doing anything.

Maybe your father can get a copy of the lease from the landlord/owner seeing as he signed it. He can say he needs it for his records as he is a signatory on the lease.

Alright, thanks! My father is still out of the country at this time so I'm preparing for when he comes down so we can leave as soon as possible.

 

[maumau]

Why not tell your housemate you're leaving?

I don't understand your obligation to stay.

 

[NGinCreator]

Hostilities between us, and there's no cash right now to move. When my father comes down there will be. If I tell her now it's just going to cause problems until I leave. Would rather enjoy my holidays.

 

[HibiscusTunes]

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[web]

All sounds rather peachy...