[betoman]

Hello, thanks in advance for your reply, this is my case:

I live with the tenant and 6 more roommates, I am not in the lease, it was just a verbal agreement. I've been living in this house for already a year, the house has a porch where I always keep my skis but this afternoon they were gone, so I ask the tenant about them and he told me he trashed them cause he was cleaning the snow from the porch and thought they were someone else's, (he knew they were mine though) so I was upset about it and told him in front of his wife that he should have at least ask me before trashing them and that he will have pay for them, he got surprised of my reaction and told me that I am not welcomed in that house anymore giving me 5 days to leave the place otherwise he would call the police.

This put me in a bad situation right now, and I wonder if I have some rights even though I am not in the lease.

Thanks.
Bto

[shygrneyzs]

You are not on the lease, so that means you an unauthorized tenant. Does the guy who you live with - is he is owner or merely a tenant? Now you could go to the owner and both of you will be in trouble - him for subletting or allowing you to stay without the owner's knowledge and you, for staying there.

So, yes, you can be asked to leave. Now you can choose to stay and let him call the police. Then bring it out about you and the others staying without a lease. You will still be escorted off the premises, but you mightbe able to stir up something against this guy.

[betoman]

You are not on the lease, so that means you an unauthorized tenant. Does the guy who you live with - is he is owner or merely a tenant? Now you could go to the owner and both of you will be in trouble - him for subletting or allowing you to stay without the owner's knowledge and you, for staying there.

So, yes, you can be asked to leave. Now you can choose to stay and let him call the police. Then bring it out about you and the others staying without a lease. You will still be escorted off the premises, but you mightbe able to stir up something against this guy.

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Quote:
He is not the owner , he is only the tenant and yes, me and the other guys are subletting from him.
Thanks.
Bto

[shygrneyzs]

Contact the owner and tell him/her what is going on. You are going to be evicted anyway from this guy, so what more harm can happen to you?

[excon]

Hello b:

If the verbal agreement you made was with "the tenant", then you are a sub-tenant, and HE (the tenant) is your landlord. As a landlord, he is required to give you 30 days written notice to vacate.

excon

[Fr_Chuck]

You are renting from the tenant, so you have a verbal rental agreement.

Are you paying rent by the month or by the week. This makes a difference. While this varies some by state, if you rent by the week, they can ask you to leave with a weeks notice, if you rent by the month , they have to give a months notice.

Yes, he will have to pay you for the skis.

Now of course someone that would throw your skis out, would most likely throw everything you own out also,

So I would move, while you are right, do you have the money to take them to court ? Hire an attorney, prove what you owed and how much it was worth.

I would move and then sue him in small claims for the sks

[ScottGem]

A verbal rental agreement is generally enforceable. Do you have proof that you live at the address (mail received there, driver's license etc.). Did you pay your rent by check? Do you have cancelled checks showing you made him periodic payments? These will all go towards confirming the verbal lease.

As Chuck mentioned the rental period makes a difference as most states require that notice equal to one rental period be given.

So, depending on the rental period, you may be able to delay when you have to get out, but you will have to get out.

As for the skiis, if you can prove that they were habitually left on the porch, then yes, he can be required to pay for them.

Do NOT contact the owner since you have no relationship to the owner nor do they have any say in this matter.

[shygrneyzs]

f subletting is not authorized, then what?

[ScottGem]

f subletting is not authorized, then what?

If they are subletting in violation of the lease and the owner is unaware they might hassle the tenant. But I would be very surprised if they weren't aware.