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Mandathewitch · Aug 20, 2007, 01:32 PM

My current roommate, who has the month to month lease with the Landlord is moving out at the end of the month. The landlord came over, and sat down with me, and we discussed my staying in the condo for another 6-7 months. All of the terms were agreed upon, and I would need to find a roommate to help me out with the rent for the condo. (I was paying $525/1400 for my bedroom/bathroom, and I was going to rent out the Master bedroom for $800-875). The landlord told me they would fax me over some paperwork to fill out, so they had my info for their records. I was never on the lease, but have been living at this place for almost 4 years.

Instead of faxing me over the paperwork, the landlord called me up 2 days later and told me that they thought they had someone interested in the room, and asked if it would be OK if they brought them by the following day. I agreed. Then they proceeded to ask me a bunch of personal questions regarding my religion, and beliefs. Believing that it had no bearing on my verbal agreement that I could stay, I answered them truthfully.

The next day the landlord brought by the prospective tenants, who turned out to be a Youth Minister and his wife. I was not home at the time, but my roommate met them, and they appeared to be affable people to her.

Two days after that My landlord calls me up and tells me that they really want to rent to this couple, but essentially the couple doesn't want me there because I am not christian, and I don't go to their church. But the Landlord told me that she would give me a few days to see if I could find someone else to take their place. I told the landlord I would be gone to a family function the next day, and asked if she would be patient in my search. I assured her that I could indeed find someone to fill the room.

Less than 48 hours after that conversation I received a faxed 30 notice to vacate. (Is this even a legal way to serve someone notice?) They wrote that it was because of my inability to find a roommate, but in all honesty I wasn't really given the opportunity to locate one. It feels like they are evicting me because of my religious beliefs, and I've never felt like they had ever been an issue before.

They also gave me a notice that said that my rent would be DOUBLE what I was paying now because I would have to pay a prorated rent for the entire condo for September for 13 days. They KNEW that I was paying $525 a month, and that I couldn't afford more than about $600 max. Effectively My 30 day notice is only good for 17 because I can't afford to pay that much rent for so short a time.

What should I do? I tried to contact the local housing council, and no one has returned my calls or emails. I've secured alternate housing, but I'm told that these landlords have done this sort of thing to other tenants (kicking them out for things that had nothing to do with noise, damage, ability to pay rent... just personal beliefs/lifestyle)

excon · Aug 20, 2007, 03:53 PM

Hello Man:

You don't have a lease. At best, you're a month to month tenant. Given that arrangement, either party can end it with 30 days written notice for no reason whatsoever. Faxing a written document sounds sufficient to me.

excon

Mandathewitch · Aug 20, 2007, 04:34 PM

So it doesn't matter that it appears that the reason they are kicking me out is because I don't go to their church? I just don't think they should be allowed to get away with this.

excon · Aug 20, 2007, 04:57 PM

Hello again, Man:

Even if the reason is you don't belong to their church, or they don't like the color or your dress, or they just don't like you. Without a lease, they don't NEED a reason.

If you don't want to give your landlord the option of throwing you out, make sure that you have a lease. That's what leases do - protect you. You didn't have one. I know, I know, you're were going to get one... Would have, could have, should have.

excon

Fr_Chuck · Aug 20, 2007, 05:08 PM

No legally they can't evict you because you don't go to that persons church, but now prove it, If you can prove that is why, you have one heck of a law suit, perhaps since a pastor should not lie, you can have them questioned about it.
If you prove it, you can win a great law suit, if you can't you have spent a lot of money on an attorney.

At this point in writing, they have a legal notice to vacate, you can fight it in housing court at this time.