my landlord is tryin to evict me?

Question

Here is the story... I have lived here for 1 year on a lease... paid each month- yada yada.. the landlord offers a summer rental of 50% discount and $100 referal fee... My roomate moved out in May and I had my friend move in.. (I should be awarded $100)- he signed a lease for one full year... So in May I told my landlord I am not sure when I will move out so I will pay my new roomate/friend accordingly... Well she never came in May to inspect and give me back my deposit money $300... In June she tried to collect my portion of the rent from my roomate and he denied.. So my landlord comes in today - 2 months after my lease has ended and asks me for $450 ($150 for June/July and $150 in advance for Aug) ... I say "no way" - She still has my previos deposit of $300 and she owes me $100 for referral... my landlord says I didn't refer my new roomate/friend - and she needs to charge me cleaning fees (which she honestly doesn't) - then says I need to have all my stuff out by 8 am. suggestions?

The lease has nothing to do with this now I believe (since it is expired).. It says depost money cannot be used for your last payment of rent.. which it wasnt- they should have come and inspected and awarded me my lease back.. and since my lease has expired I am simply stating I am my new roomates guest for three months- but my landlord owes me deposit/referral money.. which I would pay to my roomate-

my new roomate didn't even talk to the landlord till after he was moved in.. I was the middle man the whole time... also, I am not on any current lease / how can I be evicted then? As for using my deposit money that should have been award to me 2 months ago.. my prevoius roomate gave over $600 in deposit for himslef and his pet.. and they have no intention of returning this/ and he has no intention of collecting.. so anything they say they need to fix (which is nothing) I will say it was my previous roomate who did it..

Answer 1

Your landlady is correct. When you allowed your written lease to expire, your tenancy defaulted to that of statutory tenant, which rules are governed by state statute.

You still need to give notice to vacate in writing in a time frame very similar to what was contained in your written lease.

Answer 2

If your name is on the lease, your landlord can come after your for the rent. So did you sign a lase to continue to stay there? If so, you are legally bound. Since you are still living there and never actually moved out, if could be that your lease went on a month to month basis as you have not officially given any kind of move out notice.
You really need to pull out a copy of your original lease and review the section on moving out and giving notice to see what it says. From what you described, you cannot have your deposit back as you are still living there. Deposits are not refunded until after the tenent has vacated the property and there is an inspection for damages. So you would technically still owe her for the rent, not the other way around.
As for the referral, a lot of places the new tenent has to indicate the person who referred them - did your new roommate do this? if so, have your roommate go with your to speak with the landlord. If you take money with you to pay for rent, she will probably listen and give you the referral bonus.

Bottom line, as long as you are still occupying the property, you still have to pay rent and cannot get your deposit back until after you move out.

Answer 3

the whole roomate/ deposit thing has me stumped. i will tell u this, in certain states, as long as u dwell on the property, even if it is on the sofa, eviction laws can be called into effect. therefor, landlord cannot legally tell u that u have to be out by 8 a.m. first a 14 day notice to quit, then legal eviction, then court, and after court u still have a little more time. however, like i said im not sure on the whole roomate/ deposit thing, it does sound like landlady will win in court, so, if i were u, i would be looking for a new place to live.

Answer 4

Read your lease VERY Carefully. It is all in there. Get advice from landlord/renter mediator at city hall or such. If all fails, got to small claims court. You will learn a lot.