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ck292 · Jan 20, 2013, 04:32 PM

Ok so the situation is Very complicated but I'll try to explain best I can because I honestly don't know what else to do.

So for the past six months My boyfriend and I have been living with our now ex-*friend* and his mother in a town house style apartment. They took us in when we had nowhere to go and in the first couple of weeks their Landlord specifically told our friends mother she could clean out her office and let us stay even charge us rent! Not to go to her but to my friends mother. 250.00 a mother for a room. We can't use the kitchen because sadly out ex-friends mother is a serious hoarder and there is no real kitchen anymore.

Fast forward six months later our ex-friends mother tell us her landlady wants us out! No reason at all, also we started paying 250.00 but after 2 month's she bumped it up to 500.00 which my boyfriend and I could not really afford because he was just starting a new job. The landlady wanted us out in 2 days! But we paid for the whole month and since our ex-friends mother had already spent out money on more junk she fought to keep us there. So now we have 9 day to move out which as any renter knows is near impossible! I'm very stressed out and it's not like I have much money saved up because we pay rent! For a room that's not ours because in six months no one cleaned out a space for us and out now ex-friend has done nothing but b**** and moan about being in his room!

So my question: Can we sue the landlady for just deciding to kick us out! When she knew we were paying rent! We're not on the lease but it seems ridiculous and cruel to just throw people out on the street in the middle of winter! No chance to find a new place! PLEASE HELP!

smoothy · Jan 20, 2013, 04:35 PM

If you have no money how do you intend to sue?

Second, what country and state would this be, as laws vary greatly.

AK lawyer · Jan 20, 2013, 04:40 PM

It appears that you are a month-to-month tenant at will, as opposed to being a lessee. But nevertheless you have rights.

In most places, your landlord cannot evict you without giving you 30 days written notice (although here in Florida it's 15).

No, you cannot sue for being "kicked out", if what that means is simply demanding you leave and your doing so. Because if you do leave without due written notice you are in effect waiving your rights to that notice.

ck292 · Jan 20, 2013, 04:42 PM

Originally Posted by smoothy

If you have no money how do you intend to sue?

Second, what country and state would this be, as laws vary greatly.

It's not that we have no money just very little ,and don't some lawyers take cases and don't charge you unless you win, Also I'm In NY.

smoothy · Jan 20, 2013, 04:51 PM

OK, knowing this is the USA and NY is a great help. This is an International site.

They can jack up your rent every month if they want being lacking a written lease you are month to month.. . and you have to pay it but they have to give you a 30 day notice to leave as do you as well... since you were not threatening anyone with bodily harm or vice versa..

ck292 · Jan 20, 2013, 04:54 PM

Originally Posted by smoothy

OK, knowing this is the USA and NY is a great help. This is an International site.

They can jack up your rent every month if they want being lacking a written lease you are month to month. ...and you have to pay it but they have to give you a 30 day notice to leave as do you as well....since you were not threatening anyone with bodily harm or vice versa..

Thank you so much for your help!

Fr_Chuck · Jan 20, 2013, 08:23 PM

Agreed, they can not just kick you out, they have to do proper notice and if you still don't move, evict though the courts.

ScottGem · Jan 21, 2013, 04:24 AM

First off, your problem is not with the landlady of the Town House. She has nothing to do with you. Her contract is with your "ex-friend's" mother. That mother is YOUR landlord and your relationship is with her.

The landlady can't force you to move, but can evict the mother, essentially forcing you out as well. But, as noted, she has to give 30 days written notice.

Your landlord (the mother), also has to give you 30 days written notice. If she tries to kick you out or force you out, call the police. If you leave voluntarily, they you waive the right to sue for an illegal eviction. She can get you out fairly easily, but it has to be done legally. General Eviction Information