What is your recourse when the following happens?
Your landlord has things stored in the home you are renting and keeps entering the home when you are gone.The landlords grown daughter and boyfriend help their selves to the laudry room several times while you are gone and wash and dry several loads of clothes (with hot water).You are responsible for all utilities.Now you are 2 wks late in rent. The landlord allows herself into the home while you are asleep and moves her sister in. The Sister has mental problems and has just been released from jail.Do you have to pay the rent now. Can you sue the LL for damages? There is not a lease but she did not give an eviction either.Landlord wants you to stay ,pay rent and utilities and let her sister stay free of charge.What can you do?PLEASE HELP
2006-09-27
14:54:36
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39 answers
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asked by
unforgettable_1
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in
Politics & Government
➔ Law & Ethics
Nothing was signed by either party. It is in the State of Alabama and it was a month to month rental.Started moving out today. Will not stay with a 'should be mental patient'. feel like my safty has been jeopardized.
2006-09-27
15:09:30 ·
update #1
You should get and study a copy of the Landlord Tennant Act for your area. It will tell you things like how a verbal contract holds up in court and what rights you have as a tennant, given that verbal contract.
I am only guessing here because I haven't looked at the Landlord Tennant Laws in several years (back when we had to take our landlord to court for helping himself to items in our storage unit), but my opinion is that you probably DO have a good case for a suit against the landlord for your damages.
You can also look for legal assistance. The ones that only take a percentage if you win, are generally the most reliable.
Good luck! What a crappy situation. :o(
2006-09-27 15:03:42
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answer #1
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answered by Qrissy 3
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A landlord is only allowed to enter your place in case of emergency like a water or gas leak. Otherwise she needs to give you 24 hour notice and it has to be for a good reason. I would definitely either move or get a lawyer involved. There is no way that what she is doing is legal. Of course all this is based on the assumption that you are renting a house or an apartment and not just a room with her.
2006-09-27 15:04:33
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answer #2
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answered by GEE-GEE 5
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If this were in Ohio and if you have established residency, i.e. utilities in your name and mail delivered there for quite sometime you cannot be removed without eviction proceedings even if you are late on your rent. He also cannot allow anyone move in with you without your knowledge. In turn your landlord or anyone else cannot enter your house without your permission. In some cases the landlord can enter in an emergency (leaking pipes or other incident that can cause damage or injury) without notice but in most cases he has to give you 24 hours notice. I would call the police and check for your area and also get an attorney if you really want to stay at this place. But, if you do your landlord most likely will not make it a pleasant place for you from then on.
2006-09-27 15:05:28
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answer #3
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answered by ohk9cop 2
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Unfortunately since you do not have a lease it is a TOUGH one. The landlord can claim that they were only renting you a room in the house and told you that there would be other people living in other rooms ... which they can say is what is now happening. They can also say that your payment of all the utilities was in return for lower rent payments.. You are really STUCK! Good luck on suing for damages .. you are going to have to prove you have been damaged .. If I were you I would MOVE OUT ... you have gotten 2 weeks of free rent...count your blessings and move on...and NEXT TIME even if you are renting month to month have the agreement DOCUMENTED for your own protection...
2006-09-27 15:02:28
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answer #4
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answered by MeInUSA 5
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What your landlord is doing is not legal. You could consult an attorney and sue but it would be expensive and you'd probably owe more in legal fees than you would get rewarded for. You could contact the police about all these relatives of the landlord entering your home without your permission. Write the landlord a letter asking to be compensated for your utlities that they used and tell them they are not allowed to enter your home without your permission and send it certified so you'll have proof you sent it in case you need it. There's not a whole lot you can do without paying big bucks for legal help but it's just nuts for them to allow their sister to move in the place you are renting. Even if they evicted you, by law they have to give you 30 days notice to move and still couldn't move anyone in there. I would call the police and tell them to kick that woman out of your place. If there is a lease or agreement with your name on it she is not allowed to be there.
2006-09-27 15:00:18
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answer #5
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answered by BereaGirl 3
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I am a landlord. Even if you do not have a written lease, you have a "month to month" lease. She is not allowed to enter your home without your consent. If repairs need to be done she is required to give you written notice of "intent to enter". Call the police, Tell them her relative is trespassing and will not leave your home. They will remove her.If she wants you to leave she must put her request in writing. If you decide not to leave she will have to file eviction papers with the court. If you still decide not to leave she will have to file additional paper with the court. A sheriff will serve you with papers as to the date you are to appear in court. Then you can explain all this to a judge in small claims court. No need to spend money on a lawyer. The process is very connect the dots. Don't be intimidated. You are in the right. Besides the court almost always rules in favor of the renter.It will be a good learning experience for you.
2006-09-27 15:16:55
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answer #6
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answered by thirsty mind 6
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No way. Lease or no lease, that's just not legal. You are paying rent for the quiet enjoyment of your premises. That is a legal term. Sue and do NOT pay rent while the litigation is in process. Consult a landlord/tenant attorney on a contingent fee basis. Or go to the Rent Board, if you city has such a thing, where you will receive legal counsel for free.
2006-09-27 14:58:11
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answer #7
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answered by Anonymous
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A landlord is to give a 24 hour noitice before entering, allso there must be some one there while they are there. They have the right to inspect their properity. They dont have the right to move anyone in without your permission. The landlord should not store anything where you are renting, keep rent paid up and apply to small claims court.
2006-09-27 15:12:32
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answer #8
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answered by santee s 2
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I would find a new place to live as soon as possible. Give your landlord a written letter stating 30 days notice of evacuation. Make sure you send it to her through the mail and pay for Delivery Confirmation. Keep a copy of the same letter for proof of notifying the landlord of your intention to move out. In the meantime, you can go to www.google.com and do a search in your state of "tenants rights". There should be a contact number you can call, to find out your rights, in this particular situation. The situation does not sound legal to me, but I am not an attorney.
2006-09-27 15:01:37
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answer #9
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answered by Anonymous
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People seem to think that by not having a lease you have no rights. That is not true. In many instances, it gives you MORE rights than if you had a lease.
You have a valid tenancy, lease or no lease, and thats all you need to be concerned about.
You need to contact a landlord tenant lawyer immediately in order for them to advise you on what to do. I wouldn't be so quick to move as it will affect the damages portion of your claim.
2006-09-28 01:24:57
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answer #10
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answered by BoomChikkaBoom 6
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