My landlord had the electric compaby come to my house and was about to disconnect the electric, I pleaded with the guy who had me call the office and they took a deposit from me and put the electric in my name.
Can the landlord go back to the electric company and have service shut off because it's his house and i'm only the tenant.
The electric should have been in my name originally, but i needed a letter from the landlord, but he refused to give it to me. I only moved in early august and now the landlord said he is having problems with his wife and he wants us to move out by today so he can move his things in.
We do not have a lease, because at the time the lease was about to be signed, he had a fight with his wife as he claims and she kicked him out.
I have only been there for a month or so , what can i do legally, I am leaving but i asked him for me to stay until the end of the month so i can find another place, I paid him a security deposit and he's refusing the month rent.
2007-09-14 05:42:21 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Even if i've been here for over 30 days, the LL can still say I'm a squatter and have the cops remove me and my family.
I have my kids, my step kids and my nephew and nieces as their parents are in Iraq fighting the war. I will never squat on anyones property.. he verbally agreed to rent us the place, I have phone conversations with him, I couldn't get the propane gas in my name without his permission, I have my telephone hooked up, I transferred the kids to the school for the address.. Wouldn't the cops consider all of this and realize that we are not squatters.. The verbal contract of renting the property was made in front of my husband and myself.
I am moving out, I just needed until the end of the month. I will not stay there any loneger than I have too.
2007-09-14 07:02:23 · update #1
bostonianinmo, thank you so much for that info.. I am in New York State.
2007-09-14 07:04:10 · update #2
The landlord may NOT have the utilities cut off! That is a constructive eviction and is ILLEGAL in all states. In many states it is a criminal offence and you can have him arrested for it.
Since you don't have a lease you are a month-to-month tenant. As such the landlord can put you out but he needs to follow state law on notice. Depending upon the state, that varies from 15 to 60 days with 30 days being the norm. The notice period must also span one full rental period so notice given today (Sept 14th) would be effective on November 1st.
Don't let this bonehead bully you.
2007-09-14 06:53:08 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Without a lease, you are a "tenant-at-will". The deposit you paid was essentially a rent advance. Even under a tenancy-at-will, the landlord must give you a 30-day notice, so legally, you should be okay until the end of the month. If he gave you notice, he doesn't have to "accept" rent, because you've already paid it. Your bigger problem is with the Electric Company, without a lease, you should not have put the electricity in your name. You are now liable for that bill without a legal right to the stay there. Its a little risky, but the day before you move, close out that account and get a final reading and bill.
The bottom-line is - in the future, no lease, no pay.
2007-09-14 13:41:48 · answer #2 · answered by therainbowseeker 4 · 0⤊ 1⤋
This is precisely why you need a lease. In the future never move into a place without one. For now, you need to get moving as fast as possible to find a new place. He can call the police and say you are squatters.
In the meantime, make sure you have copies of the check you gave him for the deposit, to prove you are there legally. Also contact his wife, and ask if she owns half the property. Tell her he is trying to kick you out, and can she write a letter stating you are there legally. This is only going to work for a short time, as you are on a month to month, and he can get you out.
2007-09-14 12:51:59 · answer #3 · answered by patrick 6 · 1⤊ 1⤋
The landlord must give you a month notice to move out. The same applies when you want to move too. He can't just show up one day and ask you to leave. This is the law. If you don't have a lease then you have a month to month tenancy. The landlord can go back to the electric company and order a shut off since the bill is under his name.
It is illegal to evict someone without proper notice. It doesn't matter if he refused to accept your monthly rent. He must give you notice. When he told you to leave, then that is notice. You have 30 days to move out from the date he told you to move. Please check with your State department of Real Estate for your rights and contact the legal aid office.
2007-09-14 12:56:16 · answer #4 · answered by Matrixcm 3 · 0⤊ 1⤋
BECAREFUL it will only take him a call to the police to tell them that u are sqauting on the property. Dude move as fast as u can and make sure he gives you back your deposit,remember most verbal agreements are binding contracts if you have a witeness you could be good
2007-09-14 12:49:52 · answer #5 · answered by John S 2 · 1⤊ 1⤋
I believe that without a lease, you need to move. But, don't quote me on that. I would call a lawyers office, most will do a free consultation and let you know what your options are.
2007-09-14 12:47:52 · answer #6 · answered by Timeflo 4 · 1⤊ 1⤋
You need to move. Without a lease then you have nothing to stand on. Find another place to move and do it quick.
2007-09-14 12:56:37 · answer #7 · answered by daisygirlsgp 2 · 1⤊ 1⤋
Find a new place. Quick.
This situation can be a disaster.
2007-09-14 12:53:08 · answer #8 · answered by Tim 7 · 1⤊ 0⤋