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Ericka_Bicknell · Oct 18, 2007, 10:34 AM

I moved into a house with a girl I knew for a couple months who was a friend of the family. Before that I was living with my four year old daughter in a duplex that I rented by myself. Times got a little tough and I decided that the best idea for me and my family would be to move in with my Amy (my current roommate). Well we looked around for houses and finally found one affordable for the both of us, only problem was I was collecting unemployment and she goes to college so we really couldn't prove income so our application was denied. Amy has a trust fund set up through her uncle with so many thousands of dollars in it and she ened up taking $ out of it and paying 8,000 for the whole year so that we could move in. Well I was very appreciative and told her I would pay her 320.00 a month ( that included rent, garage, and pet deposit ). Now we are both the same about the same age the only difference is I have a four year old and that has made me grow up very quickley, long story short this move was the worst thing I have ever done, she holds it over my head that this is her house and has already called the police and tried to kick me out over stupid things. Well I am not an idiot and I studied law all through high school and I know that she can not just kick me out and that I have some rights as an occupant, but she thinks she is the lanlord and not the leasee. I just want to know exactly what my rights are so that me and my daughter are protected. :)

MarkRealEstateConsultant · Oct 18, 2007, 10:40 AM

You may not have any rights? Is the lease in Amy's name only or is your and your daugthers name on the lease? If you are not listed on the lease you would be considered a guest of the tenant (Amy). Most leases includea provision for guests and most have a maximum stay period of about 2 weeks. If you are not on the lease, Amy may be in violation of her lease for letting you stay so long.

Not the news you want to hear but you have got to be listed on the lease. If you are you have every right to be there too.

Ericka_Bicknell · Oct 18, 2007, 11:04 AM

I am on the lease and so is my daughter, we are listed as the occupant and she is the leasee. I have rent reciepts that show what I have paid her and when the police came here they told her it was a civil matter and would have to be taken to court. I know I have rights I just don't what they are.

MarkRealEstateConsultant · Oct 18, 2007, 12:19 PM

The police are correct - For her to have you removed forceably she would need to sue you in a civil court. The cost and time to do are prohibitive to her. Pay your agreed upon share of the rent and expenses as promised, don't do anything illegal in the apartment and try to get along. Buy her a $4 bunch of flowers at the grocery store or a nice card.

If this ever got to court it would be good to be able to show that 1) you paid your share and 2) you tried.

That said how much grief are you willing to take to stay there? It's like a divorce - at some point the pain is too great and it's to great and it's time to move on.