renter's rights?

Discussion in 'SHH Community Forum' started by Nell2ThaIzzay, Dec 10, 2007.

  1. Nell2ThaIzzay Registered

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    i don't know if similar questions to this have been asked here before or not, but i have a question about renter's rights, and a renter's rights to paid rent money being given back, and where i might find this information.

    i was a renter, renting a room from a couple who were renting a house from the wife's apartment. due to personal problems, the friendship dissolved, and they told me that "it'd be best for everyone involved if i found a new place to live".

    from everyone i have talked to, legally, they have no rights to kick me out of the house, because an arguement does not warrant kicking somebody out of their home. my friend, who is currently studying law, also says that since they are kicking me out, and i'm not leaving on 30 days notice, that i am legally entitled to my december's rent back from them, since it is only the 9th.

    i am demanding my rent back from them, since they are kicking me out of the house. and if they refuse, i will talk to a lawyer and take them to court over it. according to everyone i've talked to, i am within my legal rights, and should win the case, if it came to that. but before talking to a lawyer, i was wondering if anyone knows any place i can go to research this, to educate myself beforehand. this is also in the state of california, since i know that laws can vary from state to state.

    any help is appreciated. thanks.
     
  2. GuardianofOa Registered

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    Ok, first question: Did you sing a contract with the pair? If so, then yes, you have rights to get most, if not all the money back. If you did not, then the only thing you have to go on is your word vs theirs if you take them to court.
     
  3. StrainedEyes All the way up it!

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    You slept with his wife, didn't you? :o
     
  4. Mysterio Registered

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    it's their house; they can kick you out whenever they please for whatever reason they wish. you're getting bad advice. now if there are terms in the contract they'll have to abide by them, but they can kick you out whenever and for whatever reason they choose.
     
  5. redmarvel Red, White and Buxom

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    Actually, check with a lawyer. Different places have different regulations. Do you have a signed contract? If not, you're out of luck. If you do, they can not legally throw you out without notice.
     
  6. Eggyman The Oval Avenger

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    If you haven't slept with the wife, sleep with her . . . then move out :D
     
  7. GuardianofOa Registered

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    Mysterio, what the hell are you talking about?
     
  8. Superman79 Superman79 Returns

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    exactly how much is the rent you are pursuing?? Honestly, if it is less than $1,000 then it will very likely not be worth getting a lawyer. You'll just go to small claims court (where you don't even need a lawyer). Paying a lawyer would be more trouble than its worth.
     
  9. Mysterio Registered

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    can you be specific?
     
  10. Mysterio Registered

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    but a letter from a lawyer does wonders.
     
  11. guitarsingerguy Who am I?

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    I think he's referring to you saying they can kick him out whenever for whatever they want. Renters do have rights too. Try PMing The Incredible Hulk. If I recall, he's a lawyer and has always been very helpful to posters in need of minor law advice. :up:
     
  12. Mysterio Registered

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    yes, renters do have rights; however, "because an arguement does not warrant kicking somebody out of their home" is bogus. they can kick him out if they choose. they have to give notice, but they can kick him out.
     
  13. Superman79 Superman79 Returns

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    except that he is paying rent. If he were staying there for free you would be completely right. Because he is paying rent, it is considered a "business arrangement" and thus they cannot just toss him aout without possible ramifications.
     
  14. Mysterio Registered

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    so what if he's paying rent? they can terminate his lease (if he has one), and they can kick him out.
     
  15. Superman79 Superman79 Returns

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    Not without proper notice.
     
  16. Mysterio Registered

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    "proper notice" (a vague term) varies. unfortunately, Nell2ThaIzzay was short on details.
     
  17. Superman79 Superman79 Returns

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    In most cases proper notice is at least one rental period, usually 30 days on a month to month lease. It's true he was short on details, but the assumption is usually that most residential rentals are month to month.
     
  18. PemLam Let the butthurt flow!

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    From the California Dept. of Consumer Affairs "Renters Rights" guide:

    Single lodger in a private residence​
    A
    lodger is a person who lives in a room in a house where the owner lives. The owner can enter all areas occupied by the lodger and has overall control of the house.
    8 Most lodgers have the same rights as tenants.
    9 However, in the case of a single lodger in a house where there are no other lodgers, the owner can evict the lodger without using formal eviction proceedings. The owner can give the lodger written notice that the lodger cannot continue to use the room. The amount of notice must be the same as the number of days between rent payments (for example, 30 days). (See“Landlord’s notice to end a periodic tenancy,” page 48.) When the owner has given the lodger proper notice and the time has expired, the lodger has no further right to remain in the owner’s
    house and may be removed as a trespasser.
    10

    I posted the link to the entire document below.

    http://www.dca.ca.gov/publications/landlordbook/catenant.pdf

    Fune

     
  19. Nell2ThaIzzay Registered

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    okay, so here are more details since i was short on them before:

    -there was no contract, it was a verbal arrangement.
    -the rent was monthly, and the rent that i was paying was $400 per month.
    -other terms of the oral arrangement were that i would pay for the tv bill, and the internet bill fully, and all other housemates would have full privledges to those. in return, i would not have to worry about water, electricity, garbage, or any other utilities or bills, and as well have full access to them.
    -i was not the only person renting a room in the house. there was another couple who was also renting a room in the house.
    -the couple whom i was paying rent to did not own the house. they lived there, and were paying rent as well. the true landlord was the wife's aunt, and they were renting the house from her, and we were renting rooms in the house to help pay for rent.
    -there was no written notice for me to leave. they just told me, quote "it would be best if you found a new place to live. it will be better for everyone involved".
    -during the arguement, they also threatened to raise my rent because i confronted them about issues that they had gotten after me about. i.e. - they have had problems with my dishes, claiming that i would leave them out too long before i did them. i have noticed that they have done the same exact thing that they complained to me about, and when i confronted them about it, they told me that if i wanted to be equal to them, then i could pay the same amount of rent that they do. for the record - i did do all of my dishes, and cleaned up all messes that i made in common areas.
    -along with threatening to raise my rent for complaining about the things they do, they have also complained to me about noise levels - i.e. playing my t.v. too loudly at night. when they had a party the night before thanksgiving, and were talking loudly and playing music at 2am, i asked them if they could keep it down because i was trying to sleep, and they again became hostile with me, claiming i was merely retaliating for them complaining to me about my t.v.
    -and a side note - i did not sleep with the wife.
     
  20. PemLam Let the butthurt flow!

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    So you were renting from a couple that was renting from their aunt?! Not a lawyer but that sounds shady on the part of the couple you were "renting" from. That being the case, I'd address it with the aunt...does she know you're there?
     
  21. Mysterio Registered

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    so you are a roommate who's being kicked out. (or were a roommate who has been kicked out). live and learn. good luck finding another place.
     
  22. Superman79 Superman79 Returns

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    I would jsut take them to small claims court for the 400...but without an actual contract it could be tough, but you might get something. As for a lawyer...for 400 bucks, I wouldn't bother, because it'll cost you more than that to hire the lawyer. Check with your local small claims court on how to file, do so, then move out, sounds like it's more of a headache than its worth.
     
  23. wiegeabo Omniposcient

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    So they were sort of sub-letting you the room?

    They don't own the house, so you could always go to their landlord and complain. Now, when you do this, you'll probably be kicked out anyway by the real landlord (unless there's some rights or law that applies). But they'll probably kick everyone out of the house because, when you leave, the legal tenants presumably won't be able to afford rent.

    Basically, since they aren't the landlords, I don't think they'd have any right to kick you out. Of course, they didn't have any right to rent the room to you in the first place (probably why it was a verbal agreement instead of written).
     
  24. Mysterio Registered

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    what are you talking about? he was a roommate who wasn't on the lease, nothing more. just cancel the utilities that are in your name, pack up your things, and go. this isn't a renter's issue.
     
  25. PemLam Let the butthurt flow!

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    = Sub-letting :dry:
     

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