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Old 12-14-2008, 11:13 AM
 
1 posts, read 4,624 times
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I am renting a room out from another couple and they are renting the house themselves. They had to sign a lease but I do not because I moved in after the already signed their lease. They both are on disablity due to them being a little crazy. They go off about nothing and 2 hours later apologize. This time they say I have to leave tomorrow. I was wondering if anyone know if they can just kick me out? I have bills here in my name and I get mail here. Can someone please tell me what my rights are for renting a room?
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Old 12-14-2008, 09:36 PM
 
Location: Detroit Downriver
620 posts, read 1,930,798 times
Reputation: 413
The legal term you are looking for is "tenant status." In most, if not all, states, anyone who pays rent is considered a tenant. As such, there are specific laws governing the relationship between the tenant and the landlord. In your case, your status is 'month to month lease' in absence of a written agreement. The fact that you pay rent to a renter, and not an owner, has no bearing on your case. It simply makes you a sub lessor.

If a person's status is that of not paying any rent or having any ownership where they reside, then they don't have tenant status and the legal protections that come with it. For instance, in the case of not paying rent, 30 days notice of eviction by the property owner is not required. Had they been paying rent, no matter how small, the 30 days notice would be required.

If the persons you pay rent to were to lock you out without giving you the 30 days notice required under the law, then you have a case to sue them for all of your extra expenses, such as motel room, lost utility deposits, etc..., plus any amount paid by you for the rent period you were unable to occupy your dwelling. Many judges will also extract punitive damages for you as well.

If you live in the city, you may call the City Attorney's Office for help in resolving landlord tenant disputes. In the country, it is the County Sheriff's Department.

They can't just kick you out. Not legally.
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Old 12-14-2008, 09:46 PM
 
Location: US
1,189 posts, read 3,729,663 times
Reputation: 826
Quote:
Originally Posted by Bull Winkus View Post
The legal term you are looking for is "tenant status." In most, if not all, states, anyone who pays rent is considered a tenant. As such, there are specific laws governing the relationship between the tenant and the landlord. In your case, your status is 'month to month lease' in absence of a written agreement. The fact that you pay rent to a renter, and not an owner, has no bearing on your case. It simply makes you a sub lessor.

If a person's status is that of not paying any rent or having any ownership where they reside, then they don't have tenant status and the legal protections that come with it. For instance, in the case of not paying rent, 30 days notice of eviction by the property owner is not required. Had they been paying rent, no matter how small, the 30 days notice would be required.

If the persons you pay rent to were to lock you out without giving you the 30 days notice required under the law, then you have a case to sue them for all of your extra expenses, such as motel room, lost utility deposits, etc..., plus any amount paid by you for the rent period you were unable to occupy your dwelling. Many judges will also extract punitive damages for you as well.

If you live in the city, you may call the City Attorney's Office for help in resolving landlord tenant disputes. In the country, it is the County Sheriff's Department.

They can't just kick you out. Not legally.
You live in the wonderful rental world that is not Arkansas I take it?

A sub-leasee in Arkansas? You have fun with that. I.e. You practically have no rights as a leasee in Arkansas, let alone sub-leasee.

If any law students from UALR or UofA can pull something out of their posterior saying otherwise I'd love you forever, but everything I have seen basically amounts to renters in Arkansas have **** poor "rights".
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Old 12-14-2008, 10:31 PM
 
Location: Detroit Downriver
620 posts, read 1,930,798 times
Reputation: 413
Probably because they don't know their rights and no one will help due to a lack of understanding even among the educated land owners. (grin)

I'm from Arkansas. I don't practice law, but I do understand it on a fundamental level. There's statute law and common law developed through decisions of courts. In any dispute, the resolution depends on judges interpretations of previous cases as well as that of relevant legislative statutes. It is a common precept that anyone that pays rent for a dwelling is considered a lessee. If a lessee leases out part or all of a dwelling to another, then the other is a sub lessee. Those are just facts.

Lessees do have specific rights under the law, even in Arkansas. I can't quote Arkansas legislative statutes, but as I understand it from common law, in the eyes of the law a rent paying tenant holds a contract with the person receiving the rent money that defaults to a 30 day month to month tenancy in absence of written agreement. That verbal contract is binding because there is a quid pro quo of common practice for which there is legal precedent. The precedent is one of judicial jurisdiction over many previous disputes of the same nature for which the finding was in favor of the tenant for reasons stated above. Also, even though there is no written agreement, the tenant is entitled to a warranty of habitability. The unit cannot have vermin, leaky roof, black mold, etc... There are a lot of rights built into the law to protect both tenants and landlords.

Another instance of this type of law [if it helps to clarify] is the concept of anticipatory repudiation. If one enters into a contract for services, and it becomes clear that the contractor intends to not perform, the hiring party can resend all ties and cancel the obligation to pay. This is the law on a most fundamental level. It doesn't take being a barrister to understand how it works.
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Old 12-15-2008, 07:39 AM
 
Location: The Rock!
2,370 posts, read 7,223,926 times
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Just a question in general...what if the first order renter in this case has a clause in their lease disallowing subletting? I've never rented a place that did not have such a clause in place. How would that affect this situation?
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Old 12-15-2008, 11:32 AM
 
Location: Detroit Downriver
620 posts, read 1,930,798 times
Reputation: 413
That would be bad for both parties as the sub lessor could be evicted immediately because the lessor would not have the authorization to sub lease. Because of their culpability, the 1st tenant would be completely liable for any financial damages to the party they leased to. Under the law, the lessor (1st tenant) would still have the requirement of providing a 30 days notice to vacate, but the rights of the property owner would take precedence given the restrictions in their contract with the 1st tenant.
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Old 06-04-2009, 12:55 AM
 
3 posts, read 7,747 times
Reputation: 12
Default Question about eviction notice

I am a tenant in Arkansas. I live in a duplex, with the landlord on the opposite side. 2 days ago he asked me if I could give him a ride somewhere, and I told him that I would try but made no promises. However, yesterday I saw him and told him that I would try to give him a ride later that day. He told me that he wanted me, and everyone else out of the house immediately. I tried to talk to him, but he refused to listen to reason, and started to threaten me and my family (ie calling family members work to get them fired, calling the police with bogus info to hassle us.) I have had many problems with this landlord. The sewage at this house has been broken for 3 months now, and I have had to go without heat and ac for weeks at a time. He refuses to fix the sewage and says it is my responsibility. Today I came home to find an eviction notice on my door for failure to pay rent, however I am paid up for another week and have the receipt he signed, as well as a copy of the check. Does the law protect me in this case, & if so what do I need to do?
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Old 06-04-2009, 07:24 AM
 
Location: Deep in the Heart of Texas
1,478 posts, read 7,420,294 times
Reputation: 1925
Your landlord has to give you one rental period's notice to evict you if you are current with your rent. He can't demand you leave immediately. He can, however, evict you for no reason.

As for the sewer, heat and AC, any time basic services are not provided the landlord is in violation of state Health Department laws. One call to the Health Department will usually get results, although it may take time.

Call the state Attorney General's office. They can advise you or tell you what to do next. You may need a lawyer. http://ag.arkansas.gov/consumers_tips_landlord_tenant.html (broken link).
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Old 06-04-2009, 08:29 AM
 
1,703 posts, read 5,852,787 times
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As I've posted numerous times before, it is wise to neither seek nor follow legal advice on an internet forum.

Call an attorney.
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Old 06-04-2009, 10:56 AM
 
Location: Detroit Downriver
620 posts, read 1,930,798 times
Reputation: 413
Quote:
Originally Posted by dlysergamide View Post
I am a tenant in Arkansas. I live in a duplex, with the landlord on the opposite side. 2 days ago he asked me if I could give him a ride somewhere, and I told him that I would try but made no promises. However, yesterday I saw him and told him that I would try to give him a ride later that day. He told me that he wanted me, and everyone else out of the house immediately. I tried to talk to him, but he refused to listen to reason, and started to threaten me and my family (ie calling family members work to get them fired, calling the police with bogus info to hassle us.) I have had many problems with this landlord. The sewage at this house has been broken for 3 months now, and I have had to go without heat and ac for weeks at a time. He refuses to fix the sewage and says it is my responsibility. Today I came home to find an eviction notice on my door for failure to pay rent, however I am paid up for another week and have the receipt he signed, as well as a copy of the check. Does the law protect me in this case, & if so what do I need to do?
Ditto the previous posts since your question was posed.

I think the first thing you've got to ask yourself is, "Do I really want to continue to have a relationship with this landlord?" You can stay put and ignore the notice until your rental period is completed, then go. Or, you can get out as fast and as far as you can from this landlord. He can evict his tenant for no reason. That's the nature of not having a formal lease. He is supposed to give you notice. If you are on a month to month, that is supposed to be one month's notice.

You can always seek a claim in small claims court without a lawyer, but you'll have to prove your case. Flappin' your gums, complaining to the judge without anything to back you up is futile. Document everything. Take lots of pictures. Initial and date them.

You're in a hostile situation. Cover your acts, leaving no room for misinterpretation of the facts.
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