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-   -   Do I have to leave the house I have been living in rent free? (https://www.askmehelpdesk.com/showthread.php?t=642091)

  • Mar 8, 2012, 08:47 PM
    grammavicx1
    Do I have to leave the house I have been living in rent free?
    I have been living in this house for 4 1/2 years. The owner was living here until June of 2011. We had an oral agreement for me to put the utilties in my name (which I dd and have paid faithfully) The issue of rent was never brought up, until just recently. He had me summons for eviction and filed a complaint for 4000.00. This man is a felon, having served time for drug trafficking, this applies because I recently found falsefied document with his name and picture on it, but when I turned it in, I got the feeling the thought I was doing it to get back at him. I did it to prove that this man is a conman and is not to be trusted AND HE BROKE THE LAW! I am trying to compose the necessary letter for the court, it has to be in by tomorrow. I am disabled and had told the man months ago I was leaving at the end of April anyhow. What help or advise can you give me, and can you get it to me quickly?
  • Mar 8, 2012, 08:50 PM
    Fr_Chuck
    First of course you can be evicted, he is free to change the rent agreement, with a notice.
    IF you can prove you don't owe the rent, then you will win that case, but he can still evict you.
    You did not believe you can just live there free if the owner wants to have you move?
  • Mar 8, 2012, 09:07 PM
    smoothy
    Without a written lease... you are considered a month to month tenant... all he's got to do is give you a notice in writing you have 30 days to leave... and you have to leave. After that he can file in court to evict you and the Sherriffs office will put you and your stuff out of the place.

    That's the law. I recommend you start looking for a new place while you have time to look.
  • Mar 9, 2012, 04:45 AM
    ScottGem
    I'm wondering what you think your landlord's criminal activity has to do with your being his tenant. Unless that criminal activity was directed towards you it has nothing to do with the landlord tenant relationship.

    If there is no written agreement that you pay rent, and you can prove that you have lived there for with the landlord's knowledge that rent was not being paid, then you may be able to put off the eviction. The landlord can't sue you for rent if he can't prove there was no agreement to pay rent. Have you never paid rent in 4 1/2 years or did rent stop at some point?

    On the other hand, since there is no written lease, the landlord can terminate the tenancy with sufficient legal notice. We don't know what that is since we don't know where you are so we don't know what laws apply.

    But if you can show the court that you have previously informed the landlord that you will be out by 4/30, the court may give you that time.
  • Mar 9, 2012, 05:32 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    I'm wondering what you think your landlord's criminal activity has to do with your being his tenant. ....

    I think this explains OP's view on the subject:

    Quote:

    Originally Posted by grammavicx1 View Post
    ... this applies because I recently found falsefied document with his name and picture on it, but when I turned it in, I got the feeling the thought I was doing it to get back at him. ...

    Grammavicx1, it doesn't matter that your landlord is evicting you because you turned him in. He doesn't have to have any reason to evict you. He is entitled to evict you just because he wants to.

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