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llt2kids · Feb 28, 2008, 01:48 AM

Let me clarify what happened, we have a lease in both of our names, The rent on the lease is 750.00. We moved in January and the manager, ex-boyfriend, told me that we didn't have to pay the rent for the rent for that month, because there were so many problems with space, no shower, heat, leaking roof, etc. In Feb I wrote a check for 375.00 to the owners, they cashed it and ex boyfriend told me he was paying the rest. They didn't notify me that that he didn't pay the rent. Today I received a rent invoice from owners for 2, 580.00. They increased the rent to $1500.00, and are now charging me for Jan. It gets worse everyday. Ex boyfriend, manager had the PGE in his name and turned it off without telling me. The owners also told ex-boyfriend that water and garbage would be paid for, they haven't charged us, until today, when those utilities were included in the rent invoice. Whew. On the eviction notice they stated that they were evicting me because ex had already been living there and they had evicted his roommate so my children and I could move in, which is untrue, we have lived together for 8 years, and he moved in when I did. I understand that they need him to live there and I don't want to stay there anymore, but the reason they are evicting me is a complete fabrication. Can I sue boyfriend for what he has financially done to me? I gave up our house, changed schools, and know I have to find a home in one of the most expensive towns in the state of CA, that will take 2 kids, 3 dogs and a cat. Writing this makes me what to slap myself, how ridiculous this sounds. Thanks for any help.

JudyKayTee · Feb 28, 2008, 07:47 AM

Originally Posted by llt2kids

My boyfriend of eight years got a job in Los Gatos Ca as the manager of a mobile home park. We lived in Aptos CA at the time he took the job, part of his job requirement was that he live there. I initially would not move there, I am a single mom with 2 kids and didn't want to change their schools. For six months he commuted back and forth from his job, and the owners insisted he move to the park. I finally agreed to move, (the kids dad lives in LG) after a verbal agreement with boyfriend, that if anything happened to our relationship we would be able to live together until June of 2008. It was very important for me to get that assurance from him. He agreed, we moved Jan 1, 2008, had an argument last Sat, he never came back to our home, moved in with a guy that lives in the park, the owners served me a letter giving me 30 days to move out due to the fact that my boyfriend needed a place to live and he didn't want me there, the notice was taped to my door when I was at nursing school. Tonight when I was at school my daughter called and said when her dad dropped her off at home there was a note from PGE that he had turned the electricity off, it was the only utility in his name. I have paid my share of the rent, they have cashed the one check, I have a lease. What can I do to fight this.

Thank you for your help. Signed a woman who has very poor judgement in men.

Well, your verbal agreement that you would live together until June 2008 is unenforceable - I'm not saying that it is the situation but the living arrangement could become abusive in some way (emotional, physical) and no Court is going to force two people to stay together under that circumstance.

If the lease is in his name you would have to be evicted and that appears to be the situation. You do say you "have a lease." Does that mean you are on the lease? If so, there has to be a reason to break the lease. Who is evicting you? The landlord? The boyfriend? That will all become clear at the eviction hearing and, yes, if there are grounds you can be evicted.

He cannot shut the electricity off to force you out. If you are a "tenant" then the "landlord" (your boyfriend) HAS to notify you and allow you time to make arrangements to put the utilities in your own name. It is called construction eviction if you are evicted by circumstance (no heat, no water, whatever) and it is illegal.

Looks like you have a Court date to sort all of this out and perhaps the Court will be sympathetic to a single mother with 2 kids - but the Court will enforce the law based on the circumstances.

(Your boyfriend, if I understand this correctly, has shut off the electric for his children and is evicting his children? Or are they your children and not his? Either way - yikes!)

wynelle · Feb 28, 2008, 04:31 PM

Unfortunately, as I understand it, usually verbal agreements aren't worth the paper they aren't written on. Or so Judge Judy says. Frequently.

Either you have a verbal agreement, OR you are named as a lessee on the lease agreement. If you are on the lease, is it a month-to-month or is it for a specific amount of time--like 6 months, which would be the June 2008 you mentioned? Are there specific conditions in the lease---like your boyfriend being required to live there? Did you pay rent to the owners/manager as identified on the lease, or did you give a check to your boyfriend as if you were renting the "room" from him? All that will make a difference should this come to court.

You said you paid rent--- was that for January or for February? If it was for January, and you haven't paid anything for February--then it could be considered that you are in default and you could be evicted.

Regarding the power bill--I am assuming it was your boyfriend who turned off the power and not the owners of the trailer park. So the owners aren't doing the "constructive eviction," they did the right thing by giving you the thirty days notice for non-payment of the rent.

Good luck. Can you go to a free legal service to see what your alternative are? Is there a shelter for families? I would get out, because there is no telling what he can/will do next. It must have been a significant argument for him to move out and stay out for 7 weeks.

JudyKayTee · Feb 28, 2008, 06:09 PM

[QUOTE=wynelle]
Regarding the power bill--I am assuming it was your boyfriend who turned off the power and not the owners of the trailer park. So the owners aren't doing the "constructive eviction," they did the right thing by giving you the thirty days notice for non-payment of the rent.

If she "rented" from the boyfriend he also cannot simply turn off the power - that would be constructive eviction on HIS part.

wynelle · Feb 28, 2008, 07:06 PM

I agree--- but there is confusion in my mind as to whether she "shared the rent" going to the owners, and the boyfriend happened to be the one collecting rent checks from each trailer's occupants--- or whether she was personally paying the boyfriend.

Sort of--was it in his role as the park manager or in his role as a boyfriend? Was she a legal "rent paid to the park" occupant, or was she an off-the-books-giving-money-to-the-legal-occupant person?

And it does still remain that she has lived there for 8 weeks and only paid one month's rent.

Is it possible that he gets his trailer for free for being the manager and she was giving him money to help with the utilities? I just don't think she has given us enough or complete information.