Desperately need law advice on housing issue!
Okay, a bit of background: I am rooming with a girl who is subleting an apartment. Her name is on the lease, not mine. I pay just over $500 in rent every month.
Tonight she left me a completely crazy note. It said to write her a check for over a thousand dollars for the last month's rent--and not to ask why, because she "has authority"!!!
Obviously, I have no obligation to pay this extra money. But what are my rights under the law? If I move out at the end of the month (because I don't want to live with a crazy person who is trying to extort money from me!), can I get my security deposit back? And she can't possibly kick me out before then, right?
Unfortunately, this was my first time renting an apartment, and I was naive enough not to ask for a contract. I have nothing in writing.
Tonight she left me a completely crazy note. It said to write her a check for over a thousand dollars for the last month's rent--and not to ask why, because she "has authority"!!!
Obviously, I have no obligation to pay this extra money. But what are my rights under the law? If I move out at the end of the month (because I don't want to live with a crazy person who is trying to extort money from me!), can I get my security deposit back? And she can't possibly kick me out before then, right?
Unfortunately, this was my first time renting an apartment, and I was naive enough not to ask for a contract. I have nothing in writing.
Comments
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If you can prove you have lived there for more than 30 days, she cannot remove you until she goes to LL/Tenant court. If she changes the locks or attempts to remove your stuff then you call the police. If you want to stay, can't imagine why, continue to try and pay rent. The only leverage you have regarding security is to offer to leave if you get your money back. LL/Tenant is no picnic and will cost money and time. You could end up staying for nothing for a couple of months.
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How much security is she holding from you?
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bullyboy: One month's rent--$540.
modsquad: thanks! that is very helpful! -
Best of luck with this situation!
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Thank you!
One more question: anyone know if I am required to give her any notice before I leave? -
No notice is required because you have no "lease".
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Ugh that sucks. Hope you find something else!!!!!!!
Passiveaggressivenotes.com -- you should post it- it will make you feel better! -
I'm not a lawyer but I do watch lots of Judge Judy.
Seriously, it's possible that you have an implied and/or verbal contract. You gave her a down payment which she kept, so that's pretty much a contract. -
Um, what that means is that if you move out she may try to keep your deposit but you can probably get it back because she changed the agreement after the fact.
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stac, my two cents:
leave. pack your shit, forget about the $$. get your ass and your stuff out of there. do you have anyone you can stay with? -
brooklynpotter wrote: stac, my two cents:
leave. pack your shit, forget about the $$. get your ass and your stuff out of there. do you have anyone you can stay with?
what she said! -
and if you need the stuff you have, use a credit card and put it in storage. stat is what credit cards or for, emergencies.
listen, anyone here on this board who knows me, or who knows me in person, will tell you that i'm the kind of person who fights till the end on things i feel unjust. if age has taught me anything, it's that there are some battles you cannot win, and some that you don't want to. just get out of there. -
stac.....always have a letter on you with your name showing your address. if she changes the locks the police will want proof that you live there. especially if she throws out your stuff
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stac, yes, take that letter.
and then take monday off from work--or call in with a toothache--find a cheap mover (email armchair warrior from this board) and get your shit and your stuff the f out of there. do you have a friend you can stay with? is your family nearby?
you can try to fight for the deposit $$ but, really, it's just $450. it's only $$. you are worth more than that money. -
yes, thank you for your advice! It is definitely not worth the money to stay--and besides, now I don't trust her to give it back, anyway, even if I do stay til December as we agreed.
I don't have anywhere to go until I find a new place, unfortunately. And I can't get a new place until I get my paycheck. I will have to stick it out til then--but in the meantime, I'm looking.
I'm just going to look at this as a very expensive, but important, life lesson. Always get everything in writing. Recognize the warning signs in the beginning. And absolutely no more roommates off of craigslist! -
And in the meantime, I will keep a letter on me, as you suggest.
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Stac,
listen, don't let this person bully you! I think you should move out asap but if you can't find a place on short notice stay there for November and DONT pay her a cent. there is nothing she can do legally. Nothing. Except potentially act like a crazy person which can be a really annoying thing to have to deal with in your house. I say just play along with her to keep her calm for the next month in case you can't leave. Pretend that you will pay her the money as soon as you get it. Tell her your expecting a big check soon, but then don't pay her and get outta there. -
La Face wrote: Stac,
um. no.
listen, don't let this person bully you! I think you should move out asap but if you can't find a place on short notice stay there for November and DONT pay her a cent. there is nothing she can do legally. Nothing. Except potentially act like a crazy person which can be a really annoying thing to have to deal with in your house. I say just play along with her to keep her calm for the next month in case you can't leave. Pretend that you will pay her the money as soon as you get it. Tell her your expecting a big check soon, but then don't pay her and get outta there.
what people person *can* do vs what they *will* do are two very different things.. pack, take pics of everything, leave -
I did find it ironic that she thought she had all kinds of power over me, but ultimately I was the one who could screw her over. Not that I am the kind of person who would do that, but it's ironic all the same. Anyway, to update you on what happened, she eventually took some responsibility for her behavior. (key word is "some"). We resolved it peacefully, I've got my deposit back, and I moved out earlier this month.
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