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OK, but what I meant was that I didn't set out to be "trespasser". Mind you, I signed what i thought was a legal binding lease, room rental agreement, or whatever, so the fact that I choose to stay in the situation should not exclude me from the protections that most licensees enjoy even though the circumstances changed as result of the actions of others, namely, the fake LL. Am i making sense?
Your sentence structure makes sense (for the most part) however, as I stated before... YOU DO NOT HAVE ANY LEGALLY BINDING AGREEMENT WITH THE ACTUAL PROPERTY OWNER. Therefore, if the primary tenant (fake LL) leaves or is evicted you are in fact trespassing.
Did you not note this in the link I posted: "Be warned: roommates are vulnerable to unexpected evictions when the prime tenant of the apartment is evicted through legal means by the landlord. Sometimes, prime tenants do not inform their roommate of eviction proceedings. When prime tenants are legally evicted, the order of eviction usually applies to all occupants of the apartment - including roommates. See below for more about this process, and how to protect yourself in such cases." Source
Your sentence structure makes sense (for the most part) however, as I stated before... YOU DO NOT HAVE ANY LEGALLY BINDING AGREEMENT WITH THE ACTUAL PROPERTY OWNER. Therefore, if the primary tenant (fake LL) leaves or is evicted you are in fact trespassing.
Did you not note this in the link I posted: "Be warned: roommates are vulnerable to unexpected evictions when the prime tenant of the apartment is evicted through legal means by the landlord. Sometimes, prime tenants do not inform their roommate of eviction proceedings. When prime tenants are legally evicted, the order of eviction usually applies to all occupants of the apartment - including roommates. See below for more about this process, and how to protect yourself in such cases." Source
Katjonjj, don't think I don't appreciate your help and all the time you are spending on me here (I do). And no, I didn't read that part. Regardless, "unexpected evictions" doesn't mean no due legal process applies and LL is not required to file a complaint for unlawful detainer. I am expecting to be sued, that's not the issue. The question was (again) can the landlord cut the electric off without getting into trouble with the law for ignoring the 'no self-help eviction laws'?
Katjonjj, don't think I don't appreciate your help and all the time you are spending on me here (I do). And no, I didn't read that part. Regardless, "unexpected evictions" doesn't mean no due legal process applies and LL is not required to file a complaint for unlawful detainer. I am expecting to be sued, that's not the issue. The question was (again) can the landlord cut the electric off without getting into trouble with the law for ignoring the 'no self-help eviction laws'?
Dude... are you serious? If the utilities are in his name he can turn them off. He doesn't have to supply utilities to a rental unit without a lease. You do not have a lease with the LL so if the fake LL leaves then he is well within his rights to stop paying the utilities. If you are still there then you can try to get the utilities in your name but what the heck would you do that for?
For example, I rent a home with 4 rooms but my family only takes up 3 and we are all on the lease. We rent the 4th room to a person. We decide to move to a better place. We cancel the utilities because they are in our name and we are moving. Does that occupant of the 4th room get to stay using our utilities account? NO... The occupant must move too and if he doesn't the LL would be dealing with a trespasser/squatter because the LL had no knowledge of the occupant in the first place.
YOU are that occupant. It may be legal for us to have the occupant but once we are gone there is no legal right for the occupant to be there.
So I guess you need to clarify whose name the utilities are in.
Bottom line is this...you are not on the lease. Your 'rental agreement' expired...you're overstaying your welcome and they will evict you. It doesn't matter who the 'they' is...what matters is you're going to end up with an eviction. You are an unauthorized tenant...grounds for eviction.
Move. Now. Stop worrying about trying to sue someone and find another place to live before the eviction is granted.
Dude... are you serious? If the utilities are in his name he can turn them off. He doesn't have to supply utilities to a rental unit without a lease. You do not have a lease with the LL so if the fake LL leaves then he is well within his rights to stop paying the utilities. If you are still there then you can try to get the utilities in your name but what the heck would you do that for?
For example, I rent a home with 4 rooms but my family only takes up 3 and we are all on the lease. We rent the 4th room to a person. We decide to move to a better place. We cancel the utilities because they are in our name and we are moving. Does that occupant of the 4th room get to stay using our utilities account? NO... The occupant must move too and if he doesn't the LL would be dealing with a trespasser/squatter because the LL had no knowledge of the occupant in the first place.
YOU are that occupant. It may be legal for us to have the occupant but once we are gone there is no legal right for the occupant to be there.
So I guess you need to clarify whose name the utilities are in.
Look Bud, I understand your logic. I get it. I don't know in whose name the utilities are, but if the LL can cut off the electric or the water, or both, then what stops him from coming with the cops to kick me out, ha?
Look Bud, I understand your logic. I get it. I don't know in whose name the utilities are, but if the LL can cut off the electric or the water, or both, then what stops him from coming with the cops to kick me out, ha?
Nothing stops him because you do not have a legal right to be in the unit. The cops may or may not kick you out, but they will tell the leaseholder and/or landlord, if you want them gone, file for an eviction.
If you do not move, you will be evicted. Stop worrying about utilities and pack your stuff and move.
If you do not move, you will be evicted. Stop worrying about utilities and pack your stuff and move.
Yep, that's exactly what I was talking about, only I am staying girl and if the LL cuts the utilities off I hit him with punitive damages in my answer (more money to be made)...
And if the LL comes to change the locks (no cops), that would be a clear breach of the housing laws (self help eviction). Either way I can sue and get me some money for my trouble.
And if the LL comes to change the locks (no cops), that would be a clear breach of the housing laws (self help eviction). Either way I can sue and get me some money for my trouble.
Before you get all excited about your windfall, I suggest you consult with a real estate attorney.
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