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.
This is a little complicated. When we originally moved in my fiance' and myself signed the lease. We came upon a hardship and my landlord told me to move my brother and his fiance' in.
The day they moved in there was a meeting requested by the landlord and a new deal was agreed on by the six adults living in this house and the two landlords. The agreement was that each person would pay their share of the rent and electric seperately to the landlords.
My brother and his new wife skipped out on us owing 4,000 in back rent and the landlords expect us to pay their rent.
Now he has filed for eviction for non payment of rent. On top of all of this I just found out that the apartment that is attached to my house was built illegally. The permits were taken out for an addition that was supposed to be a living room, den and bathroom. Once all the inspections passed they turned it into an apartment. I have a letter from the zoning board stating that this house is only zoned as a single family dwelling.
I just don't know what to do at this point, any ideas?
Location: Splitting time between Dayton, NJ and Needmore, PA
1,184 posts, read 4,043,082 times
Reputation: 767
To the OP:
You aren't making sense here. In one part of your post, you refer to the "landlord," then you refer to "landlords." Also, you refer to "my house" and the "apartment" attached to it. Do you own the house or do the landlord(s)?
You refer to a hardship you and your fiance faced. Why would a landlord tell you to move your brother and his fiance in as well?
I also don't get why the zoning board would be sending you a letter about the home unless your name is specifically on the deed to the home. The letter should have gone to whoever is listed on the deed at the owner.
brookdaleresident is correct in asking if the new agreement was put in writing. If it was not, you really don't have a legal leg to stand on. Your landlord(s) can say whatever they want based on the original agreement.
Bottom line: a lot more information and clarification is needed for a meaningful response.
This is a little complicated. When we originally moved in my fiance' and myself signed the lease. We came upon a hardship and my landlord told me to move my brother and his fiance' in.
The day they moved in there was a meeting requested by the landlord and a new deal was agreed on by the six adults living in this house and the two landlords. The agreement was that each person would pay their share of the rent and electric seperately to the landlords.
My brother and his new wife skipped out on us owing 4,000 in back rent and the landlords expect us to pay their rent.
Now he has filed for eviction for non payment of rent. On top of all of this I just found out that the apartment that is attached to my house was built illegally. The permits were taken out for an addition that was supposed to be a living room, den and bathroom. Once all the inspections passed they turned it into an apartment. I have a letter from the zoning board stating that this house is only zoned as a single family dwelling.
I just don't know what to do at this point, any ideas?
You're getting evicted from an apartment that technically/legally does not exist or do you live in the house where there is an apartment attached and no one lives in it? I don't understand that part.
Was there a lease signed? If there was and each individual was responsible for their own portion of the rent, I'm not seeing how you are responsible for your fellow "boarders" rent?
Some towns/small cities require the registration of "apartments" within houses, fire inspections, rent control paperwork to be filled out etc. Some do not allow "boarding house" situations (even within zoned and legal apartments - technically I am not supposed to collect individual rent checks from my student renters). If your "landlord's" house is in one of these towns/cities, he could get fined for not having dotted all his "i's" and crossing all his "t's" if you bring this situation to the rent control board (if there is one where you live). Look into the regulations in your town. Make a few phone calls. If all else fails, consult with a lawyer.
The house is owned by the landlords. it was originally a 3 bedroom house and an addition was put on. According to the zoning officer, the addition was suppossed to be for a living room, den and bathroom. It was later turned into an apartment.
The zoning board sent me the letter because I went down there and requested copies of the permits for the addition and while we were talking the zoning officer told me that if this is actually 2 apartments then it is illegal. I asked for a letter stating that there is no legal way to have turned this house into a multi family dwelling which they were more then happy to give me.
Yes there is someone who lives in the other apartment.
As far as the new agreement goes. A new lease was not signed, but at the meeting the landlord wrote the new agreement down in his ledger. I have a copy of the ledger with the new agreement and all rents paid by each individual listed.
My brother was one of the original tenants until he stole my stepsons best friends girlfriend. Nobody wanted him to move back in because of uneasy situation that this caused. He went to the landlord and pleaded with him to allow himto move back in with her. he told the landlord that with the two of them moved in that the rent would be paid on time and it was in his best interest to let them move in. The landlord approached me and I became the bad guy in my house because I agreed to let them move in to lighten the rent burden on everyone else. Before they moved in the meeting took place and the new agreement was made.
I hope that clears up some of your questions.
What I have in my possession right now is:
A copy of the new agreement.
A payment history of each individual since the new agreement.
A copy of the permits that were pulled for the "addition".
A letter from the Zoning Board stating that this should only be a single family dwelling and that there is no legal way to make it a multi family dwelling.
Sounds like something out of Knots Landing, with your brother stealing your best friend's sister's cousin's uncle's best friend's third nephew's wife and all.....
My question would be- is this really someplace you want to continue to live? It sounds like WAY too much drama for my liking. If the landlord wanted me out, I'd pack my stuff and be gone the next day, and he can go find your brother for the money he's owed.
May be I am wrong, but if the OP does not have a lease, can the landlord just ask him to move out?
the zoning letter is irrelevant, unless the OP planned to use the letter to blackmail the landlord LOL
Did the landlord use the fact that the OP's brother's owes him rent to evict OP? OP can use your payment history to show that he has no responsibility for another boarder's rent. But is it even relevant?
This is a little complicated. When we originally moved in my fiance' and myself signed the lease. We came upon a hardship and my landlord told me to move my brother and his fiance' in.
The day they moved in there was a meeting requested by the landlord and a new deal was agreed on by the six adults living in this house and the two landlords. The agreement was that each person would pay their share of the rent and electric seperately to the landlords.
My brother and his new wife skipped out on us owing 4,000 in back rent and the landlords expect us to pay their rent.
Now he has filed for eviction for non payment of rent. On top of all of this I just found out that the apartment that is attached to my house was built illegally. The permits were taken out for an addition that was supposed to be a living room, den and bathroom. Once all the inspections passed they turned it into an apartment. I have a letter from the zoning board stating that this house is only zoned as a single family dwelling.
I just don't know what to do at this point, any ideas?
I think I can help you out. I happen to know someone who works at the court in Landlord tenant. You are probably going to have to come up with the back rent that is owed from your brother & his wife. Two reasons why, one if the landlord rented the apt to you & your wife & only your names appear on the lease, you and you alone are responsible for the unpaid rent. Two unless the landlord put in writing that your brother & his wife were to pay their portion & submit to him for that shared apt, once again you & you alone are responsible. Landlords are very sneaky these days because they know alot of people don't know their rights & are afraid of going to court. Which leads me to another very important thig. If the landlord tells you not to come to court because everything has been taken care of or he dropped the complaint, DO NOT LISTEN TO HIM. Unless that information comes from the court via mail do not listen come to court on the date that was given to you by the court. Landlords will tell you not to come to court so they can get a default judgement against you & get possession of your apt without you telling your side of the story to the judge.
As far as the illegal dwelling is concerned if that space is attached to yours & you have been living in it & paying rent then you might be able to sue the landlord for renting you an illegal apt. If that space is not & you do not occupy it then there is little to nothing you can do because you are not paying for & using something illegal. Call the courthouse where you live & ask for a number where they can give you what your rights are as a tenant. Hopes this helps.
Finally broke down and got a lawyer. He is reassuring me that we can win this thing. I go to court in the morning, will let you know how it turns out.
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.
Landlord Tenant Issues
