Results 1 to 5 of 5
  1. #1
    Join Date
    Jul 2007
    Posts
    2

    Default Landord Wants Tenant To Vacate So Her Son Can Move In

    Hi, I am not sure what to do, Im 26 with a small child and on a limited budget. I feel like i am being taken advantaged of. If anyone can help with my questions id appreciate it. I moved into this house about a 10 months ago. I knew my land lord socially. I had heard her complain for years that she could not find a good tenant and they were always wreckiing the place and not paying rent and I was looking for somewhere a little cheaper so she said she really wanted me to move in so she wouldn't charge a deposit. when I looked at the placed the power was off but she said everything worked except maybe the dishwasher which she would replace right away. I noticed a few minor repairs (holes in wall, light fixtures and covers, closets, doors etc.) She said she knew it needed some work, but thats why she wanted me to move in, since she knew me, I could let the workers in and she could have renovations done like the bathrooms and kitchen and i would get a discount on rent. I offered to do some of the work myself if she would pay costs, she said save receipts and she would take it off the rent. Anyways, because of her condo association interview being delayed that we didnt know we had to do we had to rent a hotel for a week and keep all our stuff locked in a truck. When we were finally allowed to move in and we turned the lights on the hot water didn't work, the dishwasher, and the fridge didn't work. I wasn't given a mailbox key. and she said she would bring me a lease later. It took her about 5 days to get the water working. The holes in the wall, the wires hanging and other smail repairs were not done and the place was not cleaned well either. But, im patient, and I knew her for awhile, so I didn't complain much, just asked about the fridge because this was so important. It was a month before it was fixed. i went and bought groceries and in two days it broke again. 2 weeks later she brought me a dorm sized cooler and said she had to wait for a part for the fridge. almost another month later it was fixed. this time it worked for a month and a half and then broke again. after countess times of me taking days of work when supposidly it would be fixed no repair men ever showed up. she finally told me to call myself. i had asked her before to just buy a new one but she said no. The repair people said it would be another 6 weeks for a part. I told her i couldn't continue to go without a fridge as the little cooler didn't hold anything. her suggestion was to go shopping daily. like i have a time for that. anyways I went and bought a fridge myself and took it out of the rent. Total time without the fridge was 4 months. When it got cold I realized that the heat didn't work. I told her and she said she would have it fixed. I also asked a bunch of times for a lease and mailbox key. My mail was stolen out of my box since it couldn't be locked and my credit card was charged up 2500 dollars. I didn't have to pay it, but it was a pain to deal with. Anyways, I finally got fed up after 10 months and told her that she needed to fix all this stuff or I would not pay rent or I may move. She said she would fix everything but never did. I decided to withold part of the rent until I at least had a mailbox key and the old fridge removed (she wanted me to save it so she could have it fixed and give to her mom, but its been here 3 months). She got really mad that I with held rent and was complaining and said I should just move. She asked when I would be out, and I said I guess in 30 days. A couple weeks later I called her and told her That i really liked it here minus the problems if she could fix everything we would like to work things out and stay. She said ok pay me next months rent, and I will fix everything and get your key to the mail, and you can stay I paid rent, then she called the next day and said we had to be out by july 1st. (this was the 25th of june that I had called her) She said her son was going to move in with roommates and she could make more money off of them. plus she was mad i was complaining. I did not have the money to pay rent here and then move so I am still here. My questions are do I have to move, Is what she is doing even legal, do i have to continue to pay her rent. I dont trust her at all now. And how long does she have to give me to move. she as put no notices on my door all conversations have been verbal. She has never given me a lease even though I asked so many times. She wants me to move immediatly. iPlease respond if you can help.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Landord told us we had to move so her son could move in

    I skipped most of that. Please use paragraphs when posting.

    You suggest that no lease was ever executed. If not and you've been paying monthly rent you're a month-to-month tenant. If that's the case, you or she can end the tenancy on one rental period's notice. In some states the notice period is a full rental period, and in others it starts on the day notice is given. If notice is properly given and you do not move at the end of the notice period, the landlord can seek to evict you. Notice requirements and eviction laws are different in each state.

  3. #3
    Join Date
    Jul 2007
    Posts
    2

    Default Re: Landord told us we had to move so her son could move in

    Sorry, I didn't realize how long that was!

    My main question is would this be a illegal eviction if she chooses to evict us since she is only doing so because I am complaining of repair issues?

    If she takes me to court will I lose? I need to decide if I should just voluntarily move asap or let her take me to court and bring up all the issues that I had with no heat, fridge, mail key, hot water, dishwasher etc.

    I heard judges could grant you a judgement for portions of the rent that you paid if the landlord did not repair things in a timely manor and also give you triple the award for an illegal retalitory eviction

    Anyone know if this is true?
    thanks

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Landord told us we had to move so her son could move in

    As previously noted, landlord-tenant laws are different in each state. Typically if she tried to evict you for reporting the state of the premises to housing authorities, it would constitute a "retaliatory eviction". But if no such complaint has been made and her motivation is that she simply wants to change tenants, that's not "retaliatory eviction".

    If she were to try to evict you, you could conceivably bring a counterclaim for an offset of rent based on the condition of the premises. You may wish to try consulting a legal aid office in your area, also, to see if you would qualify for their assistance.

  5. #5

    Default Re: Landord Wants Tenant To Vacate So Her Son Can Move In

    You must post the state your place is in to get ACCURATE information.

    1. Sponsored Links
       

Similar Threads

  1. Roommates: Tenant Refusing to Vacate After Early Termination Notice
    By user135 in forum Landlord-Tenant Law
    Replies: 8
    Last Post: 05-09-2011, 01:52 PM
  2. Premises Liability: Tenant Claims to Have Fallen Days After Being Served With Notice to Vacate
    By bb1962az in forum Accidents and Injuries
    Replies: 3
    Last Post: 09-27-2010, 06:18 PM
  3. Eviction Notices: Landlord Asking Tenant to Vacate for Time Period
    By IEGrace in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-30-2008, 08:37 PM
  4. Giving Notice: Tenant Not Moving Out After They Gave Me 30 Days Notice To Vacate
    By fuelishways in forum Landlord-Tenant Law
    Replies: 11
    Last Post: 04-19-2008, 01:11 PM
  5. Denial of Access: Current Tenant Won't Vacate
    By dx_fts in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 05-12-2006, 04:54 PM
 
 
Sponsored Links

Legal Help, Information and Resources