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This is a situation that offers little choices but to have the daughter evicted. I would talk to the landlord, and have him or her evict the daughter since she's trashing the apt and actually causing a very dangerous situation for everyone living in this building. She, as an occupant, is causing undue problems and needs to be evicted asap. I'm surprised the landlord hasn't already evicted her for violating apt. rules and regulations.
First, police are not in a position to adjudicate a matter; although they DO interpret laws often. It's not their place to decide a lease situation. I would go to the landlord tenant court in your city/town and request a hearing. As the lessee, the husband/father is in a position to do that. He can request a termination of the lease, paying the landlord "damages" to cancel the lease early. It will cost you some, but less than continuing to pay the rent until whatever. And while you are there, you can request an eviction for the girlfriend as well as the daughter.
While it's an unusual situation for the landlord and one of the lessees to agree to evict one of the tenants; I think a court would be very sympathetic based on that alone.
Accepting cash for rent means you have a verbal sublease in place. The police aren't legal experts, but in this case, they are right. You can contact a lawyer if you wish, to confirm. Landlords do not have a right to inspect tenant's dishes or take action if they are not satisfied with the tenant's housekeeping habits. Nor does the LL have the right to approve a tenant's friendships. You need to stop acting like a parent, because this is a business relationship. The property owner is your landlord, and you are the tenant's landlord here.
If you stop paying rent, the LL will evict you, because your name is on the lease, and that will be on your credit report, not your daughter's. It's one way to resolve the situation, but there are repercussions.
BTW, I don't know what being adopted, let alone at the age of 5, has anything to do with this situation. Your rights and responsibilities would be the same if she was your biological child or adopted at birth.
You can't just arbitrarily break a lease on a whim. The leaseholder is under contract to pay rent for the duration of the lease which is in effect until 2/11. You're not reading the thread properly. The leaseholder (father) knows this and he and his wife are trying to deal with the problematic mess they got themselves into.
you can break a lease under certain conditions. there will be consequenses, like a lost deposit and having to cover for the period of time it takes to find a new tenant. but they don't need to stay in this situation for 9 more months. it doesn't go on his credit as it wouldn't be an eviction for unpaid rent.
You can't just arbitrarily break a lease on a whim. The leaseholder is under contract to pay rent for the duration of the lease which is in effect until 2/11. You're not reading the thread properly. The leaseholder (father) knows this and he and his wife are trying to deal with the problematic mess they got themselves into.
Ah, right the part I was missing. But as someone mentions down thread - they don't have to pay till 2/11 unless the LL can't find another tenant. The OP seems to recognize the deposit is already gone. The credit reprecussions are a thought - but wouldn't that require the LL turning them in?
Sounds like some serious discussions are in order with a couple of different ways to go.
I would move fast though - it will only get more complicated with more and more drama the longer it lasts.
We do not rent to anyone with a Unlawful Detainer against them... they already have a proven track record and it takes effort on the tenants part to go through the eviction process as opposed to moving...
Thankfully, my last eviction was a few years ago. I've had very good success by having a heart to heart with tenants facing a possible eviction.
Basically, I tell them that sometimes things don't work out... the last thing anyone needs is a eviction on their record... The only thing an eviction does is postpone the inevitable... the county sheriff will eventually put them out.
Most people see the light and do the right thing... I've even gone to u-haul and paid the daily rental fee in the tenants name to help things along...
I still admire the Mom in the case I cited earlier that moved into the unit that was in her name a remedied the situation in short order...
Never co-sign or lease for someone unless you are willing and able to bear the the full financial burden... parents to it all the time... guess it's part of being a parent... don't know why anyone else would do it.
Last edited by Ultrarunner; 04-11-2010 at 08:36 PM..
Reason: typo
UPDATE: Talked to landlord, he decided he would deal with the 'girls'. Wrote letter to break lease as of today, worked out he keeps security deposit & we pay 2 months rent after all over, and will clean up the apt. He told them they had to leave by tomorrow 6:00 pm.
Landlord called us said the 'girls' called him and said they called the Magistrate, and they can stay for 30 days. Then we get message our phone (not answering any calls) the 'girls' say they have charged us with felony breaking & entry, and felony larcney. Not sure at this time if any of this is true? Not sure what to do now? Wait to be arrested? Call Magistrate? Get a lawyer tomorrow?
I don't understand how your husband, the main tenant, can be charged with breaking & entry into a place that he's renting...
Just because you accepted $ for rent doesn't seem like it should mean that you've given up the right to enter the property (it might, but doesn't seem to make sense). As far as the larceny part goes, what's giving them the idea that they can bring those charges & how do they expect to show proof/evidence that this occurred?
The 30 day part, however, seems unavoidable as they can seemingly easily claim sublease rights (giving them 30 days to vacate) if what the PD and others are saying is true.
That being said. I am sorry that this is happening to you and your family. It sounds like a nightmare situation for any family & hope that you guys can repair your relationship once the "growing pains" of being 19 & having no clear-cut path in life wear off...
Edit: rereading your last post & realizing that the info about the "charges" is coming from them makes me think that they are making it up. They probably did google some stuff & found out the 30 day thing... the rest just sounds made up. If you do end up talking to them ask them why they think that the main tenant on a lease can't go into the apartment that they are renting... their response should at the very least give you a good read on whether or not they're bluffing.
The specifics of the "you took rent money" & this means X,Y,&Z, part should probably be clarified...maybe (anonymously if nec.) by calling the Magistrate yourself?
It seems like you could also stop any utilities that are in your (husband's) name...
Last edited by sunnymonday; 04-12-2010 at 05:07 PM..
UPDATE: Talked to landlord, he decided he would deal with the 'girls'. Wrote letter to break lease as of today, worked out he keeps security deposit & we pay 2 months rent after all over, and will clean up the apt. He told them they had to leave by tomorrow 6:00 pm.
Landlord called us said the 'girls' called him and said they called the Magistrate, and they can stay for 30 days. Then we get message our phone (not answering any calls) the 'girls' say they have charged us with felony breaking & entry, and felony larcney. Not sure at this time if any of this is true? Not sure what to do now? Wait to be arrested? Call Magistrate? Get a lawyer tomorrow?
I would definitely get a lawyer right away. If hubby is on the lease, he has the right to go in the unit, so B&E isn't an issue, and they have to be able to prove that you took something (Did you?).
Call the courts and find out if they have actually filed anything against you. Have your lawyer deal with it if they have.
As for the 30 days, they probably are right. There are usually only a few things that a 3 day notice can be served for, and otherwise, 30 day notice must be given. Unless they have done something 3 day notice worthy, they must be given 30 days to move. It gets complicated though, since the lease holder (hubby) agreed to the 3 day notice. Discuss with the lawyer.
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