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-   -   Roommate issues lease (https://www.askmehelpdesk.com/showthread.php?t=753266)

  • Jun 11, 2013, 06:18 PM
    tan2242
    Roommate issues lease
    Hi Ken,
    I have been having some problems with my roommate.. I have been in the house which I rent from my roommate(she is not the owner).First moved my rent was 1300 but after a month.She told me that I have to pay more for the rent which is 1450$. I was a single guy and end up with married a women later. I did not have a written contract with my roommate.The house has 3 beds and baths.2 parking. At first I had 1 bed,bath and a parking.She had 2 beds,baths and a parking.But later I have only 1 bed and bath no more paking. She been putting her staffs in my space so now I can t use it anymore even though I still pay the same price for the rent.The cable didn't work for almost 2 months. Now she is rented another room to another roommate with out letting me know anything.She safe money on her rent but I still pay the same.She and I have bought a washer and dryer 50%. The new roommate has use them as well.
    Later my wife has moved in with me.She said it is OK.At first seemed fine,but now it is problems.My roommate doesn't t like my wife I don't know why.But she has been texting me while I am working or anytime she can.She told that my wife is not welcome there and has to leave right the way.. She has called my wife is stupid ,dark skinned,uneducated , etc. So I decided to leave because she has told me.. I gave her a notice 15 days. Seems like she is mad. Now she is trying to sue me because of this.. So how can I deal with this ?

    Does she right to sue me (she is not the owner)?

    If she does what I can do to win this case?
  • Jun 11, 2013, 06:20 PM
    tan2242
    Hi anyone who knows about this , Please help.
    I have been having some problems with my roommate.. I have been in the house which I rent from my roommate(she is not the owner).First moved my rent was 1300 but after a month.She told me that I have to pay more for the rent which is 1450$. I was a single guy and end up with married a women later. I did not have a written contract with my roommate.The house has 3 beds and baths.2 parking. At first I had 1 bed,bath and a parking.She had 2 beds,baths and a parking.But later I have only 1 bed and bath no more paking. She been putting her staffs in my space so now I can t use it anymore even though I still pay the same price for the rent.The cable didn't work for almost 2 months. Now she is rented another room to another roommate with out letting me know anything.She safe money on her rent but I still pay the same.She and I have bought a washer and dryer 50%. The new roommate has use them as well.
    Later my wife has moved in with me.She said it is OK.At first seemed fine,but now it is problems.My roommate doesn't t like my wife I don't know why.But she has been texting me while I am working or anytime she can.She told that my wife is not welcome there and has to leave right the way.. She has called my wife is stupid ,dark skinned,uneducated , etc. So I decided to leave because she has told me.. I gave her a notice 15 days. Seems like she is mad. Now she is trying to sue me because of this.. So how can I deal with this ?

    Does she right to sue me (she is not the owner)?

    If she does what I can do to win this case?
  • Jun 11, 2013, 06:44 PM
    ScottGem
    First question is where are you? Any question on law needs to include your general locale as laws vary by area. But generally, at least 30 days notice is required to vacate. Since there is no lease you are a month to month tenant. So you would have to give 30 days notice, not 15. So she can hold you to the remaining 15 days. But I doubt is she can hold you to more than that.
  • Jun 11, 2013, 06:50 PM
    tan2242
    I'm in Huntington Beach ,CA..
    She has texted me and told me and my wife to leave..
  • Jun 11, 2013, 06:53 PM
    tan2242
    I also gave her a check for the 15 days rent. Now she cashed it already.. If she did not accept.Was it right to cash that check ? Thank you so much .
  • Jun 11, 2013, 06:56 PM
    ScottGem
    15 days notice is not enough. If you lived there more than a year than 60 days may be required. And she is subject to the same time limits. Ad a text is not written notice.
  • Jun 11, 2013, 07:02 PM
    tan2242
    Are there any chances for me to do things in these case.. Like no more parking space,brought a new roommate in withtout notice,or etc... that she have done to me and my wife.. Can I use the text massages for these case?
  • Jun 11, 2013, 07:03 PM
    tan2242
    Oh ! One more she is not the owner either.. She is a tenant as well.
  • Jun 11, 2013, 07:19 PM
    ScottGem
    Quote:

    Originally Posted by tan2242 View Post
    Oh ! One more she is not the owner either..She is a tenant as well.

    That doesn't matter. She is your landlord. If you had a lease you might be able to claim violations of your lease. But since you don't you have very few protections.
  • Jun 11, 2013, 07:40 PM
    tan2242
    Will she be right event though she has done these things?
  • Jun 12, 2013, 03:04 AM
    ScottGem
    The only point at issue here is whether you have given sufficient notice to vacate. If you haven't then she is entitled to rent up until the end of the legal notice period.

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