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I started renting a place, no lease signed, for the past 4 months. Every now and then, I watch my boss' 2 little dogs, this has been going on ever since I moved in... my roommate (whom I pay my rent to) has not expressed any negativity about this. Until this week. She said she spoke to the landlord who is going to be checking on the place this weekend, and that the dogs can no longer be there. I said I'm obligated to watch the dogs for the remainder of the week.
I then started packing up my things, thinking I could no longer stay, and she txt's me, a half hour after I had left with the first load, saying I owe her december's rent, and that the locks have been changed, and I have to set an appointment with her to get my things. This is a half hour I had left with about 10% of my property!
Now, she is refusing to answer my calls, and I only get an occassional txt from her, telling me she is not home, and will not be home tonight... and that it's my problem that I decided to leave.
My problem: she has all of my property, and I believe she is holding on to it until I give her an entire month's rent... for only 5 days. I would be happy to pay her a week's worth, but not an entire month. After all, I did not sign anything.
Does she have any right to lock me out, and keep me from getting my things?
Depends on what state and local laws dictate. Does she rent an apartment or house and she has a lease? With no lease and no proof of ownership you may have a problem getting anything. Check the local and state laws.
She rents from the landlord... and I pay my rent to her. Basically, within 45mins of finding out that I was moving out, she changed the locks and told me I owe her rent before I can get my things..
Well, without a lease, she can't demand the remainder of the month's rent from you. In this situation, I would actually go to the police about your property. They should be able to help you out there.
Is is possible she is just being weird over the weekend because she doesn't want to get in trouble? If she isn't supposed to have pets, having two dogs in the rental is a fairly serious offense. If this is the case, her reaction may be to your being less than open to removing them. It is also possible she isn't supposed to have subletters as well, which may explain why she doesn't want you there.
I believe she is buddy buddy with the landlord, whom I have never met. She started complaining about them being there this past week, she never once approached me in the past 4 months about them being a problem. I'm sure that she went to the landlord and complained to him, and if I had stayed, he would of came and told me to get rid of them, which I can't, I'm obligated to watch them at least for the next week.
Last txt I received from her was a couple hours ago, saying OK to my request to schedule a time tomorrow to get my belongings... but she doesn't know when she'll be home. My main concern is getting my things, and secondly, get out of this December rent she's requesting. I will gladly pay 1 weeks worth, but not an entire month. I'm so stressed
I believe she is buddy buddy with the landlord, whom I have never met. She started complaining about them being there this past week, she never once approached me in the past 4 months about them being a problem. I'm sure that she went to the landlord and complained to him, and if I had stayed, he would of came and told me to get rid of them, which I can't, I'm obligated to watch them at least for the next week.
Last txt I received from her was a couple hours ago, saying OK to my request to schedule a time tomorrow to get my belongings... but she doesn't know when she'll be home. My main concern is getting my things, and secondly, get out of this December rent she's requesting. I will gladly pay 1 weeks worth, but not an entire month. I'm so stressed
Don't stress! It will be okay. Just get the rest of your stuff tomorrow. If you show up and she isn't there or doesn't let you in, go straight to the closest police department and talk to someone about your situation. They will help you.
As for the rent, I would give her a pro-rated amount for however long you stayed when you are there getting your things, and then try to seek some legal advice some legal advice on the matter. The problem is if you pay her more than you really owe her, you are probably going to have a rough time getting that money back. If she tries holding your belongings for ransom, go to the cops. She can't do that.
Thank you
In any case.. tomorrow will decide many things... I'm still sweet talkin her, even wrote her a nice little email just now, so hopefully she'll just let me get in there and get out.
I'll let you know what happens!
As others have said, it really depends on where the unit is located.
In California, retaliatory eviction is taken seriously... if you had the post office forwarding your mail there for the last 4 months, changed your driver's license and have have rent receipts... you could probably continue to stay there for many months...
A paid tenant cannot be lock out and personal belongings cannot be held hostage and the dogs would require a 3-day notice at a minimum if you were breaking they agreement or a 30-day notice to change the terms.
California does not require written rental agreements for rentals less than one year... the problem is how do you prove what the agreement is when it is not in writing.
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