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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 111517
Experience:  Attorney with over 24 years experience.
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My landlord gave me 30-day notice to vacate (by end of July),

Customer Question

My landlord gave me 30-day notice to vacate (by end of July), but my rent is paid through December 2015, and the landlord owes me approximately $1000 on top of that in pay.
I sublet a room from him, and he rents from the owner of the property. My landlord owns a landscaping business, and is fighting for rights to it and to child custody at the moment.
After leasing for less than one week, he told me that he had "alterior motives" in renting to me; that he needed someone with my abilities and skills. I am a Process Engineer, and well versed in math, statistics, spreadsheeting, etc. I agreed to perform consultant forensic accounting for his divorce and business, since he had very little system, and was in a legal fight for his business. My work has been presented to the court in his divorce case, and I have had email discussion and phone calls with his lawyer for planning an presentation.
He rented to myself and my daughter, as well as another woman who kept having men come over. My landlord told me she was a call-girl, and was not allowed to come to the house during the day for any reason, and he oredered her to stop. She did not. She told me that she used to be a prostitute and was about to return to it because she hates her job, while I was giving her a ride to "work". She offered me very high wages, and I though she was being charitable. She needed someone she could "trust", and she mistakenly thought it was me, while she tried to convince me of how harmless it is, and how I should consider being an escort. She also tried to talk my daughter into prostitution (straight-up prostitution), and tried to have her help with shoplifting liquor. My daughter, in shock, told me, and I turned her into the grocery store and the landlord after she admitted to enough of it in her daily drunken stupor. I gave several complaints to the landlord on that, and her drunken rants and threats to attack me and my daughter, which followed.
Just prior to all of this becoming obvious, my landlord and I agreed that he would pay the money he owes me for more than 210 hours of work, in the form of 6 months rent, and then money on top of that. This was his idea, and I preferred money. But he claimed hard times, so I compromised.
FYI: My daughter is a 14-year old school officer, volunteers on the Suicide Hotline, and is the president of her UNICEF chapter. The woman simply chose the wrong recruit, thank God.
About one week after falsely telling me that he had given her 3 days notice, my landlord gave both of us 30 days notice to vacate. She threatened harm to our landlord on facebook, recruiting friends, according to the landlord. He was very frightened from the threats from her associates. Keep in mind, she has been a prostitute, according to her, for decades. She may have scary associates. That's when he served notice on everyone.
Now, I am faced with losing more than $5000 in what he owes me. We agreed that $30/hr would be the minimum pay, with higher pay for higher-level jobs. With this notice to vacate, he then would have paid me only $900 in rent.
What are my remedies, assuming that I leave regardless of whether he changes his mind, and the prostitute leaves immediately, etc....?
Thank You,
Pat
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only
If your rent is paid until December 2015 and you have not broken the lease, your landlord cannot evict you with 30 days notice and would be in breach of contract for doing so. Also, he is in breach of contract for not paying you what was due.
Your remedy is to file suit against the landlord for breach of contract for the cost of all the rent payments for months remaining on the lease, the cost of the move based on his unlawful eviction and ask for punitive damages up to 3 times the amount due based on the illegal eviction. You also would sue in the same suit for breach of contract for the accounting work done for him that he admitted he owes you for.
These are your rights and recourse if he is breaching his lease and contract with you.

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