Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Hi all, new here, and searching for answers i came upon this site.....
So here's my situation:
im in Wisconsin, and have a verbal agreement to live in an apartment with two other people (a couple). Her name is on the lease, and mine nor her b/f's names are not. When i moved in, about 5 months ago, we agreed to split all bills (all in her name) 3 ways. Everything worked out fine untill about 2 days ago, they cancled their cable/internet account and expected me (works for cable company and gets it for free) to hook it up for them for free. Well, long story short, they didn't want to compromise on "evening the bills accordingly" and therefore text me tonight when i left to do laundry, saying they changed the locks, and i had untill tomorrow night at midnight to get my stuff out, or it was going to be thrown away.
Now my question is, can she legally just toss me out like that? Does she still have to give me 28 days notice to leave? Am i completely S.O.L. because nothing is in writing, and can i have the manager/landlord/police present to help me gain access to the place i live. I can prove that i live there by the mail i get, check stub, etc... I did not think it was going to be this big of a deal, hence i have no where to move to at the moment.
She can not legally do that. Look up your state laws. Generally, if you have lived in a place for 30 days that's enough to establish tenancy rights. She would have to not only give you notice, but evict you as well.
Do you know who the LL is? You might consider notifying them. If you can move quickly that might be easier. Did you pay a deposit? Will she owe you rent back?
You should always be added to the lease of course.
She can not legally do that. Look up your state laws. Generally, if you have lived in a place for 30 days that's enough to establish tenancy rights. She would have to not only give you notice, but evict you as well.
Do you know who the LL is? You might consider notifying them. If you can move quickly that might be easier. Did you pay a deposit? Will she owe you rent back?
You should always be added to the lease of course.
I did ask to be added to the lease, but it was pushed to the back burner.... Im going to be calling the LL monday, and see what he says.... I did no pay a deposit, and yes she will owe back rent, as im payed up to March 1st
No, she cannot do this. Unless you're paying rent directly to the LL (which it seems you're not) I would leave him/her out of it for now. Your roommate is absolutely breaking the law by not giving you the required notice, by changing the locks, and threatening to dispose of your belongings. I believe you may find that your local police department will at least help you regain entrance to the place. I would call them so you have a police report attesting to the problem. Get your stuff out and you can then turn around and sue your roommate in small claims court for constructive eviction, moving expenses and the cost of finding a temporary place to stay until you can re-settle. Let her chew on that! Good luck.
Call the police to gain entry. She is required to give you 30 day notice. You are allowed the keys until your move out date.
Have proof (paystub, old mail) that shows you lived there awhile.
Even though you are not on the lease, state law considers you a tenant if you have been living there. It doesn't even matter if you pay the rent...if you were staying for free all along you still are allowed to be there.
Sometimes the cops get confused by the law and don't enforce appropriately (maybe one cop says one thing than a different cop).
So....you might need to contact a local firm that gives free legal help for tenants. They might be a state agency or a non profit agency. Or a law firm. They could advise you on how to gain entry and keep your stuff protected while you find a new place to live.
google your state landlord tenant laws and have a copy for cops in case they get confused.
re-read the last line in the post directly above. Very good info indeed. You can sue her for the cost of a hotel while you find another place, and storage of furniture. But suing is a hassle and even if you win, she might never pay the judgement. But legal advice (maybe a letter from an attorney) will set her straight...a letter stating that if she forces you out you could sue for hotel cots, tempy furniture storage costs, etc.
This is a roommate situation and it is murky whether or not landlord law applies. I suspect it doesn't. The landlord has absolutely nothing to do with any of it. I have no idea what the laws are concerning roommates.
Because you have been paying rent, you are not a house guest. House guests can be tossed out with no notice, but that doesn't apply to you.
At any rate, it is going to be very uncomfortable living there from now on. So I suggest that you inform her that you will get the police to let you back in because she can not legally throw you out without notice. Then find yourself another place to live as quickly as you can. If your rent is paid until March 1st, then that is a good date for you to get out and into a new place.
This is a roommate situation and it is murky whether or not landlord law applies. I suspect it doesn't. The landlord has absolutely nothing to do with any of it. I have no idea what the laws are concerning roommates.
Because you have been paying rent, you are not a house guest. House guests can be tossed out with no notice, but that doesn't apply to you.
At any rate, it is going to be very uncomfortable living there from now on. So I suggest that you inform her that you will get the police to let you back in because she can not legally throw you out without notice. Then find yourself another place to live as quickly as you can. If your rent is paid until March 1st, then that is a good date for you to get out and into a new place.
As a LL don't you want to be informed when people are living in your units and not on the lease? The OP and the legal tenant's bf are both not on the lease.
I have no idea what the laws are concerning roommates.
In this case they follow state landlord tenant laws since the person on the lease is collecting rent from the roommate and thus for this purpose is considered to be the landlord. A month's notice is required.
Thank you all for the help, i will find the tenant laws and have them in hand when I show up tomorrow to re gain access. The latest communication from her she told me they are not physically there, but since i know they're work schedule, i plan to be there about 10 minutes before they leave for work (they work second shift) and i wont have to worry awkwardness since they'll be gone. Would it be worth having the cops check out her room for the paraphernalia and other obvious things i know she has in there, to boot?
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
