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I deleted nothing, the website did. You’re an angry, pathetic man who gets off on other people’s misery . I hope to god you lose your house somehow and end up homeless. The fact that you get off on the misfortune of others is exactly why you have no friends and spend all your time on here. Karma is very real, and it’s alresdt screwing you. By law she needs to give me 30 days. The eviction process takes even longer than that. And she hasn’t given me anything official. Case closed. There’s the attention you desperately wanted. Now I’ll go back to ignoring you like everyone else does. Go verbally abuse someone who will tolerate your harassment because i wont
He is correct though. If she wants to go down the legal path, eventually she will win and in the process wreck your credit. Once you have an eviction in your file no one will rent to you anymore. I got a judgement against some one for not paying. Years later they got money, Owed me 3k I got paid 5k!
He is correct though. If she wants to go down the legal path, eventually she will win and in the process wreck your credit. Once you have an eviction in your file no one will rent to you anymore. I got a judgement against some one for not paying. Years later they got money, Owed me 3k I got paid 5k!
There is nothing to sue because there is no signed contract. Oral agreement means nothing when it comes to renting. If she decides to sue, she'll open a bag of worms. They'll look for any reported income for renting (none reported for sure). Illegal rental in basement. She'll get fined over 10k.
There is nothing to sue because there is no signed contract. Oral agreement means nothing when it comes to renting. If she decides to sue, she'll open a bag of worms. They'll look for any reported income for renting (none reported for sure). Illegal rental in basement. She'll get fined over 10k.
You've been giving OP horrible advice. First, the absence of a signed lease does not mean there is no implied lease. You are considered a "tenant at will". You cannot have tenant rights without tenant responsibilities. The only way the OP is not legally responsible for rent owed is if they are not a tenant, in which case the owner could toss their stuff on the street and change the locks without notice. In this case, it's easy to establish a tenancy relationship. The OP was given 30 days notice (til 3/23) but if she doesn't pay March rent tomorrow she can be evicted in 3 days.
Second, that's not how it works when you file a lawsuit. The judge hears the complaint at hand. Nothing more. The judge doesn't go looking into the plaintiff's affairs for other violations. The judge will not be interested in any other units the landlord owns or rents. The OP has said she is not living in the basement. It's purely her speculation as to whether the basement is even being rented much less illegally.
Third, the landlord can report unpaid rent and/or damages to credit bureaus and it will be damaging to OP for a long time. Paying it later does not remove it from credit history. Any fines you imagine landlord being assessed can be paid and landlord will be back in business next day. OP will struggle getting a new place to live for years. Evn worse than credit history is tenant history. Landlords report tenant history to bureaus as well. These are much less encumbered by law and a negative tenant history can kill your chances of getting a lease with all but the sleaziest scumlords.
The OP is a young hateful hothead who is clearly going to have to learn her lessons in life the hard way.
You've been giving OP horrible advice. First, the absence of a signed lease does not mean there is no implied lease. You are considered a "tenant at will". You cannot have tenant rights without tenant responsibilities. The only way the OP is not legally responsible for rent owed is if they are not a tenant, in which case the owner could toss their stuff on the street and change the locks without notice. In this case, it's easy to establish a tenancy relationship. The OP was given 30 days notice (til 3/23) but if she doesn't pay March rent tomorrow she can be evicted in 3 days.
Did you forget we're in NYS where tenants are protected? Surely, OP has been staying at this place for over 30 days since she is getting mail and her license is updated with the mailing address. OP can give her $1 for rent since there is no lease. There is no deposit, she can just stay there until the landlord evicts her which takes 6 to 24 months if the tenant gets a lawyer. How did you get 3 days eviction? Did you mean illegal eviction or starting the eviction process? Good luck with that when she is already agreed to leave on March 23rd. There is no need to start an eviction unless OP changes her mind. LL tried to kick her out in 14 days rather than the legal 30 days. LL tried to take advantage and failed miserably.
OP said she would leave on March 23rd. I doubt there is even a written leave notice from the LL. In this case, OP is giving her a favor to have the LL's relative move in.
No smart LL will hire a lawyer or go through the eviction process themselves if the tenant agreed to move out. A smart LL would take the loss of a payment.
Judge complaints - Show me your proof of lease agreement. Show me rent payments/checks. None? No case. This was a cash payment.
Credit - If you think she can just report the credit bureaus that she hasn't paid rent with written agreement or proof of payments, anyone will be abusing the system just to crap on people's credit.
There is always a lease. If not written, it defaults to month to month. You can't have tenant rights without tenant responsibilities. I've found that the lower down the social ladder you go, the more tenants thinks they hold all the cards. Tenants do have a lot of rights but the one sacred cow for landlords everywhere is - rent. Don't pay your rent and the landlord rules. Ask all those who rented from Trump.
Judge complaints - Show me your proof of lease agreement. Show me rent payments/checks. None? Then you're not a tenant, have no tenant rights, and won't be staying there tonight. Next!
You can't have it both ways. You can't argue that you have no tenant responsibilities because there is no proof of a landlord-tenant relationship then turn around and claim tenant rights because of a landlord-tenant relationship.
Credit - if she pays for a merchant account she can report unpaid debts. Credit bureaus do not require or even accept supporting documentation. They make no determinations of validity of debt. They simply report what has been reported to them. You are incredibly naive and ill-informed.
You are right about one thing. It is always best for all parties to resolve it agreeably than going to court or mediation. If the LL is confident the nutjob will actually leave on 3/23 then the best move would be to lay low and let that happen, even if it costs a month's loss of rent.
Last edited by oceangaia; 02-28-2019 at 10:49 AM..
There is always a lease. If not written, it defaults to month to month. You can't have tenant rights without tenant responsibilities. I've found that the lower down the social ladder you go, the more tenants thinks they hold all the cards. Tenants do have a lot of rights but the one sacred cow for landlords everywhere is - rent. Don't pay your rent and the landlord rules. Ask all those who rented from Trump.
Judge complaints - Show me your proof of lease agreement. Show me rent payments/checks. None? Then you're not a tenant, have no tenant rights, and won't be staying there tonight. Next!
You can't have it both ways. You can't argue that you have no tenant responsibilities because there is no proof of a landlord-tenant relationship then turn around and claim tenant rights because of a landlord-tenant relationship.
Credit - if she pays for a merchant account she can report unpaid debts. Credit bureaus do not require or even accept supporting documentation. They make no determinations of validity of debt. They simply report what has been reported to them. You are incredibly naive and ill-informed.
You are right about one thing. It is always best for all parties to resolve it agreeably than going to court or mediation. If the LL is confident the nutjob will actually leave on 3/23 then the best move would be to lay low and let that happen, even if it costs a month's loss of rent.
I'd argue two points of yours.
Tenant rights - OP has documentation stating domicile at the address. I'd say a judge would consider that as some sort of proof of residency and tenancy.
Credit - while anything can be "reported", under FCRA OP can dispute any inaccurate information. As this would then be a "he said, she said" type of situation, I don't see how a landlord can "correct" any information when there is no documentation. Also, this would imply that the landlord has been reporting monthly payments to the credit reporting agencies. There are third parties that do the reporting on behalf of a landlord. But I'd imagine they'd want a copy of an actual lease.
Tenant rights - OP has documentation stating domicile at the address. I'd say a judge would consider that as some sort of proof of residency and tenancy.
Credit - while anything can be "reported", under FCRA OP can dispute any inaccurate information. As this would then be a "he said, she said" type of situation, I don't see how a landlord can "correct" any information when there is no documentation. Also, this would imply that the landlord has been reporting monthly payments to the credit reporting agencies. There are third parties that do the reporting on behalf of a landlord. But I'd imagine they'd want a copy of an actual lease.
Tenant rights -maybe it is, maybe it isn't. Give me your address and I can use it as my address. My point, you can't have it both ways. You can't prove your tenancy to obtain tenant rights but then claim lack of proof of tenancy to avoid tenant responsibilities. Judge also isn't going to buy that rent was $1. When LL says rent was xx within the range of market rates and tenant says it was $1, the judge is going to conclude tenant is lying and side with LL.
Credit - you've never actually disputed a credit item, have you? What the credit bureau does is go back to the original reporter and ask for verification of the report, which consists of the reporter issuing an affidavit that the report remains valid. You'll have to get a court order to force it off the record. You don't have to report monthly rent payments to report an unpaid rental balance.
Don't forget there was a roommate and there may be "documentation" the OP doesn't know about. And often the case on CD, someone comes here looking for support and only reveal the "facts" that support their side. If not having a written lease was really such a bad deal for the landlord - all of the obligations but none of the protections - no landlord would ever allow a tenant without a written lease.
Tenant rights -maybe it is, maybe it isn't. Give me your address and I can use it as my address. My point, you can't have it both ways. You can't prove your tenancy to obtain tenant rights but then claim lack of proof of tenancy to avoid tenant responsibilities. Judge also isn't going to buy that rent was $1. When LL says rent was xx within the range of market rates and tenant says it was $1, the judge is going to conclude tenant is lying and side with LL.
Credit - you've never actually disputed a credit item, have you? What the credit bureau does is go back to the original reporter and ask for verification of the report, which consists of the reporter issuing an affidavit that the report remains valid. You'll have to get a court order to force it off the record. You don't have to report monthly rent payments to report an unpaid rental balance.
Don't forget there was a roommate and there may be "documentation" the OP doesn't know about. And often the case on CD, someone comes here looking for support and only reveal the "facts" that support their side. If not having a written lease was really such a bad deal for the landlord - all of the obligations but none of the protections - no landlord would ever allow a tenant without a written lease.
I think you are oversimplifying things.
Are you telling me that in NY you can go do the DMV and get a drivers' license without any proof of residence? If OP has a NYS DL for that address I'd say that is pretty compelling. If not, then maybe not. I don't know what a judge would say, but your previous response said the following:
"Show me your proof of lease agreement. Show me rent payments/checks. None? Then you're not a tenant, have no tenant rights, and won't be staying there tonight. Next!"
There would be a verbal lease, and if the tenant could show that mail, utility bills and a DL is at that address, and show that cash was withdrawn each month (or a check made out to "cash") I'd say that was pretty good evidence that this was more than a casual guest relationship.
I've disputed plenty of credit items. However, I think you are missing the point that credit reporting isn't "magic". You can't get a negative onto a credit report if it's never reported at all in the first place. This requires a merchant account with each reporting agency. The landlord would have to be reporting monthly payments, or doing this via a third party.
A small-time landlord CANNOT just report unpaid rent and expect it to be reflected on a credit report without a judgment. I'm sorry, but you are totally incorrect here.
And to go through all of this hassle you'd also want to be sure that the landlord is claiming the rent as income. Even if a "legal" 2 family home (not just a mother/daughter), that doesn't mean anything other than it's approved by the town/city.
BTW, I'm not offering any defense of OP. I think skipping out of rent is unacceptable, and tenancy without a written lease is month-to-month.
Are you telling me that in NY you can go do the DMV and get a drivers' license without any proof of residence? If OP has a NYS DL for that address I'd say that is pretty compelling. If not, then maybe not. I don't know what a judge would say, but your previous response said the following:
"Show me your proof of lease agreement. Show me rent payments/checks. None? Then you're not a tenant, have no tenant rights, and won't be staying there tonight. Next!"
There would be a verbal lease, and if the tenant could show that mail, utility bills and a DL is at that address, and show that cash was withdrawn each month (or a check made out to "cash") I'd say that was pretty good evidence that this was more than a casual guest relationship.
Dude, I think you don't understand that I am saying exactly what you just said. If you look at my original posts, I said that it should be easy to show a landlord-tenant relationship here.
I was responding to claims that the tenant didn't have to pay any rent because there was no lease and no proof while at the same time talking about how she can't just be evicted. My point was you can't have it both ways. You can't avoid tenant responsibility to pay rent by saying there is no proof of tenancy then claim tenant rights.
Dude, I think you don't understand that I am saying exactly what you just said. If you look at my original posts, I said that it should be easy to show a landlord-tenant relationship here.
I was responding to claims that the tenant didn't have to pay any rent because there was no lease and no proof while at the same time talking about how she can't just be evicted. My point was you can't have it both ways. You can't avoid tenant responsibility to pay rent by saying there is no proof of tenancy then claim tenant rights.
Well then, never mind and carry on.
I can't fault your last paragraph.
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