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Old 04-28-2016, 07:46 AM
 
4 posts, read 3,618 times
Reputation: 10

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I am not on the lease, my boyfriend is. He has been living here for 12 years with no problems and his rent is always paid on time. I moved in at the end of July, 2015. There were no issues until the very end of December, 2015 when there were issues with the downstairs neighbor complaint of noise which was immediately resolved. In the meantime, 2 new tenants have moved in. One is moving out this weekend as she is moving out of state. The issue is the neighbor across the hall who has been accusing us of drug use or having alot of incoming traffic. This could not be further from the truth. Our feeling is this woman across the hall just bought a new vehicle and is apparently no longer working. So, instead of saying she can't afford the rent and risk the embarrassment, she placed the blame on us. My boyfriend and I both offered up drug tests at our own expense but the landlord wants to evict ME. I am not on the lease, but have lived here 9 months now and all my mail comes here. Simple fact is, all these rumors are nonsense! However he feels the problems didn't start until I moved in, which is also untrue. What can I do? I love living here. Our rent is always paid before it is due. We've never had the police here for any complaint whatsoever. I've made this house a home over the last several months. I've bought and hung pictures, ordered cable, home phone and internet, and I've decorates our kitchen with brand new everything. I love the location. Please help. He is telling everyone he is evicting me.
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Old 04-28-2016, 09:52 AM
 
Location: Boise, ID
8,046 posts, read 28,486,679 times
Reputation: 9470
Did the landlord give written permission for you to be there, either as a tenant or as a subtenant? If not, then yes, they can kick you out.

They may kick your boyfriend out also, if he moved you in without permission.
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Old 04-28-2016, 09:59 AM
 
16,376 posts, read 22,497,010 times
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You are not allowed to live there unless you are named in the lease. Your boyfriend is breaking the lease by allowing you to live there. He should have discussed with the landlord before you moved in to get you added to the lease, else not allow you to move in.

To rectify, ask the landlord if you can be added to the lease. If the landlord doesn't allow it, you must move out asap. If you aren't allowed to get added to the lease, you must move out by the date the landlord gives. At that point it's not an official eviction if you leave by the required due date or sooner and if landlord hasn't filed eviction papers with the court. He should legally be required to give you 'notice' to move out first, and certain # days must pass after that notice.

If you don't move out by then, the landlord can file eviction papers with the court against both your boyfriend and you. This would have a very bad impact on getting future rentals. You do NOT want it to get that for for either you or your boyfriend.

Discuss asap whether the landlord will allow you to be added to the lease. Else move asap and there is nothing you can do about this.

Legally, the landlord is doing things correctly. The situation with the neighbor stirred up a hornest nest and you got busted for living there without being on the lease.
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Old 04-28-2016, 10:36 AM
 
Location: Boise, ID
8,046 posts, read 28,486,679 times
Reputation: 9470
Quote:
Originally Posted by sware2cod View Post
You are not allowed to live there unless you are named in the lease.
Technically, they don't have to be added to the lease. Landlord could authorize them as a simple occupant, or as a subtenant. But both would have to be done in writing.
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Old 04-28-2016, 01:55 PM
 
314 posts, read 237,582 times
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If you moved in without permission and or lease from the landlord, then yes you and your boyfriend could face eviction
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Old 04-29-2016, 08:37 AM
 
4 posts, read 3,618 times
Reputation: 10
No, he absolutely knew I was living here. He had made comments how I've made the house into a home and how nice it looked. Unfortunately, no, it's not in writing. I'm truly hoping that we can solve this issue without it coming to eviction.
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Old 04-29-2016, 09:10 AM
 
4 posts, read 3,618 times
Reputation: 10
I just wanted to clarify that he definitely knew I was living here. They worked on the house all summer and I was outside talking to him several times. Also, he's come to collect rent and I've given it to him, being the only one here and I've let him in when the bank wanted to come in and inspect the home. Him and I were very friendly with eachother. He's the type of landlord that doesn't like to be bothered with phone calls, unless it was of repair nature. If you called him with a problem with a tenant making noise, he'd basically say to deal with it and the person who called him to complain was the person who was going to be thrown out. Since there is obviously not much I can do, I guess my final attempt will be to try and talk to him. Thank you to all who responded. It is much appreciated.
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Old 04-29-2016, 10:24 AM
 
Location: Southern California
12,713 posts, read 15,544,684 times
Reputation: 35512
Him knowing and letting you live there doesn't mean much if nothing is in writing and you aren't on a lease. Your BF is held to his lease, which is in writing and may include not allowing any adults without being on the lease or something to that nature.

You are right though, the best thing is to talk to the manager face to face.
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Old 04-30-2016, 09:22 AM
 
10,746 posts, read 26,033,682 times
Reputation: 16033
Quote:
Originally Posted by lindakoberna View Post
I just wanted to clarify that he definitely knew I was living here. They worked on the house all summer and I was outside talking to him several times. Also, he's come to collect rent and I've given it to him, being the only one here and I've let him in when the bank wanted to come in and inspect the home. Him and I were very friendly with eachother. He's the type of landlord that doesn't like to be bothered with phone calls, unless it was of repair nature. If you called him with a problem with a tenant making noise, he'd basically say to deal with it and the person who called him to complain was the person who was going to be thrown out. Since there is obviously not much I can do, I guess my final attempt will be to try and talk to him. Thank you to all who responded. It is much appreciated.


He probably thought you were just visiting for the day and yes, he can evict you. Your only recourse is to be added the lease.


As for your neighbor I don't know how you'd know all her financial history.....sounds like the drama is out of control
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Old 05-04-2016, 08:41 AM
 
4 posts, read 3,618 times
Reputation: 10
I don't recall talking about anyone's financial history. The only time I mentioned the word bank, was when the landlord said they needed to come in to inspect for his new loan. Basically, I wanted to again thank everyone. It was a lot of drama to sit thru but the landlord has since found out the the neighbor moves approx every three months because of issues similar to this and she's moving out at the end of this month. He apologized and has since added me to the lease. I feel vindicated. It's difficult to walk on eggshells in a place your supposed to feel safe.
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