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Ask Attorney2 Your Own Question
Attorney2, Attorney
Category: Landlord-Tenant
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Satisfied Customers: 1773
Experience: 25 years of experience in Landlord Tenant Law.
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can i get back my motel charges sence he ivected me after being

Customer Question

can i get back my motel charges sence he ivected me after being here for two years wit no rit

Submitted: 12 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 12 months ago.

Hello again,

Were you under any type of written or oral lease contract?
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Do you have proof you paid your rent?
.
What were you arrested for? trespassing?
.
Were you still living there at the time?
.

.

.

Thanks.

Barrister

.

If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 12 months ago.

he is useing a lease from former owner and has used my house as a dump site for his trash and has taken over the garage and wont let use use it thes lease is 7 years out dated it has never been revised

Customer: replied 12 months ago.

arresed for disodaly resisting arrest he told the cops idid not live ther and he did not want me back i have mail dated 2 years ago from s.s for my ssdi paments and yes i can pruve i payed rent ,he is useing a lease from former owner and has used my house as a dump site for his trash and has taken over the garage and wont let use use it thes lease is 7 years out dated it has never been revised

Expert:  barristerinky replied 12 months ago.

Ok, if you were a legal tenant on the property and were currently living there, landlord would have to have filed a formal eviction action to remove you from the property. If he did not do so, landlord is guilty of an unlawful eviction and could be sued for any damages that arise out of his unlawful actions.
.
As part of any suit, you would need to provide proof that you were living there like a copy of the lease, utility bills, rent receipts, mail addressed to you there, etc. Even if the lease is 7 years old, if a new one hadn't been signed, you would still be considered a month to month tenant under the same terms and conditions of the original lease.
.

.

.

Thanks.

Barrister

.

If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Expert:  barristerinky replied 12 months ago.

Hello again,

I noted that you rated my service as poor. Did you have further questions or need clarification on my answer?

.

.

Thanks.

Barrister

.

If you need further help please do not rate 2 stars/faces "Helped a little" or 1 star/face "I expected more". This is considered a negative rating against me.

.

Just reply to me via the “CONTINUE CONVERSATION” or “REPLY” button with the questions you have as I receive no compensation for my efforts for the lowest two ratings.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

Please be aware that I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, please do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice

Customer: replied 9 months ago.


can a landord take psetion of a garage when all the utilitys that run the garage or sapported by the house

Customer: replied 9 months ago.

,


can a landord take psetion of a garage when all the utilitys that run the garage or sapported by the house

Expert:  barristerinky replied 9 months ago.

That would depend on whether the garage was included in any rental agreement. If the tenant had the right to use the entire property, then no, he couldn't take possession of it as that would be a breach of the rental agreement.
.
If the rental agreement didn't include the garage, then the landlord could use it, but the tenant could always turn off the breaker to the garage, as this circuit should be on its own breaker, unless the landlord gave the tenant either money or a discount on the rent for the utility usage.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 9 months ago.


i was told that if the garge and the house ran as a single unit he could not

Expert:  barristerinky replied 9 months ago.

Well, if tenant rented the house and garage, then the landlord couldn't take possession of it because the tenant has the right of "exclusive use and possession" of the leased premises.
.

.

.

Thanks.

Barrister

.

Please remember to rate my answer. I will gladly continue our discussion until you have gotten the information you need.

.

If you need further help, just reply to me via the “REPLY” or “CONTINUE CONVERSATION” button.

.

Please keep in mind that I am trying to help you understand and resolve your situation. I don't make the laws, I am just reporting or interpreting them, so the outcome may not be what you had hoped for.

.
Please be patient as I am typically working with several customers at any given time. Some answers take 5 minutes, some 35 minutes. But rest assured, I will get back to you.

.

I am not entering into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. With that in mind, do not post any specific information you do not want available for public viewing. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 9 months ago.


so i am intittled to loss moneys yes


 

Expert:  Attorney2 replied 9 months ago.

Do you have a written lease? Did the rental agreement include the garage?

Customer: replied 9 months ago.


lease was writn before new owner came into play and we had garage threr is no menchin of garage in lrease


\

Expert:  Attorney2 replied 9 months ago.

Than it will be difficult to prove that it was included. If you feel that you are entitled to damages you should file a suit in small claims court against the landlord for damages. The time to fight the eviction would have been during the eviction. That being said you can also bring a claim for damages against another individual for damages. Get your motel receipts together and the lease and file an action against him.

Attorney241173.7114336111

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