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feta912 · Jun 7, 2009, 12:40 PM

My roommate and I have had several disputes since I moved in 2 months ago. This house was his and his girlfriends, and she moved out. It is an illegal sublet. He has failed to provide me with receipts for the rent I have paid, and is now telling me that he wants me out. I am not on the lease, nor have I signed any type of roommate agreement to date. I have witnesses who will attest to the fact that I have paid my rent and do, in fact, live here. My roommate also collects welfare (cash aid/ food stamps) and has told me on numerous occasions not to apply for these benefits, as they would adversely affect his own. He is saying he can just kick me out, I want the 30 days, covered by an eviction notice if that is the case. Also, his son lives here, and my roommate drinks to excess and hits his child. He also uses ecstacy. I don't want to live here with this person, but feel entitled to enough time to get money together to rent a new place. Any ideas?

ScottGem · Jun 7, 2009, 12:43 PM

You have established residency, so you are a tenant and need to be formerly evicted. Since your rent is on time, he can't use a 3-10 pay or quit notice, but must give at least a 30 day notice. If you haven't left by that date, then he has to file for an eviction order. But given the tenuous legal status, I doubt if he wants to take you to court.

susangpyp · Jun 7, 2009, 12:46 PM

Are you saying that you paid him in cash and have NO evidence of paying rent? Because if that is the case you have a problem. That he has an illegal sublet, that is a problem. The whole thing sounds crazy.

Courts do not like when you go into court with "unclean hands" meaning that he is breaking the law and the court is not going to find him sympathetic. But you also know that he is breaking the law and are living there so the court might consider you to have unclean hands as well.

Have you told Child Protective Services about the drugs and hitting his child?

feta912 · Jun 7, 2009, 01:08 PM

I filed a report with them yesterday. I just want to know whether I have established residency. I'm not asking to stay indefinitely, just the 30 days.

susangpyp · Jun 7, 2009, 01:45 PM

Do you have proof that you paid rent?

The matter of it being an illegal sublet is NOT a small consideration. Whether you established residency is moot if the whole she-bang is illegal.

ScottGem · Jun 7, 2009, 03:10 PM

Actually I have to partially disagree with Susan. The fact that its an illegal apt may inhibit them from going to court. But the residency issue would be held separate.

You can establish residency in a number of ways. Proof that you paid rent is primary. Getting mail at the address is another. Having ID showing the address is also a form of documenting residency.

susangpyp · Jun 7, 2009, 03:34 PM

I don't know how you enforce a legal right you don't have. If it's an illegal sublet then the sublessor has no rights. The lessor could say he just let you stay there and of course it's not a sublease because that would be illegal!

Also what state is this in?