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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33801
Experience:  Attorney for over 15 years, landlord 26 years
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I live in a private house. The landlord asked me to join in

Customer Question

I live in a private house. The landlord asked me to join in with her to get a house. I pay my portion of the mortgage/tent. The landlord told me the upstair apartment is mine to do whatever I want. The landlord provide zero dollars for the fixtures. The backyard, garage and basement and laundry room was all a part of the agreement. I have been living here for 7years using all of the above. I got married 2012 and she noted the fact that she does not like my husband. Since living here he has used all of the above until they had a disagreement. Now she put a pad lock on the backyardgate and have blocked him from parking in the backyard.
Do I have any rights?
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
I have a meeting with the landlord today after 3pm and would like to know my rights. Does she have the right to block me and husband from parking and having access to our things in the backyard, garage and basement?
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  barristerinky replied 1 year ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Are you actually on the deed to the property?.Are you under a written fixed term lease or are you month to month?..thanksBarrister
Customer: replied 1 year ago.
No I am not on the deed. No lease or written agreement. Everything have been verbal.
Customer: replied 1 year ago.
Yes I sent my number
Expert:  barristerinky replied 1 year ago.
I am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer..I can continue on the public website and answer your question or opt out and open the question up to other experts who might assist if you prefer....thanksBarrister
Customer: replied 1 year ago.
Can you assist me? I really need to know my rights before this meeting.
Customer: replied 1 year ago.
I am willing to receive assistance on this site by typing
Customer: replied 1 year ago.
Heloo
Customer: replied 1 year ago.
Hello
Expert:  barristerinky replied 1 year ago.
Ok, in a situation like this, you would be considered a month to month tenant under an oral lease agreement. What this means is that either of you could change or terminate the lease by providing the other person with a 30 day written notice.
.
But the landlord can't make any changes to the tenancy without providing proper notice, which is a 30 day written notice.
.
So if she didn't provide a 30 day written notice prior to excluding access from the back yard, then she is technically in breach of the lease contract.
.
.
thanks
Barrister
Customer: replied 1 year ago.
Does she have the right to demand my husband not to go in the backyard to have access to his belongings as well as the basement? I understand I current position have been verbal over the years. I am still paying on the master bedroom bathroom which was cover $16, 500. 00.
Customer: replied 1 year ago.
This covernat was based on trust.
Customer: replied 1 year ago.
Do I have the legal right to remove everything I put into the apartment? I put in new floors and kitchen cabinets before moving in.
Expert:  barristerinky replied 1 year ago.
Does she have the right to demand my husband not to go in the backyard to have access to his belongings as well as the basement?.No, not without legally modifying the terms of the rental agreement with a written 30 day notice..Do I have the legal right to remove everything I put into the apartment? I put in new floors and kitchen cabinets before moving in. .If you can do so without damaging the property and can return it to the exact same condition as it was when you received it, yes. But generally thinks like cabinets and flooring are considered "fixtures" and stay with the property once they are permanently attached to it. So you would have to replace any flooring and cabinets if it had them in it when you originally started the tenancy...thanksBarrister
Customer: replied 1 year ago.
Thank you. The cabinet were trashed before moving in 6 years ago. There was no master bathroom when I came. Can I remove the jacuzzi and toilet and sink? I had the bathroom put in and I am still paying on it. My balance is about $6,000 and I just paid $1,500 on windows.
I met with her and she removed the chain from the gate and said we have 60 days to remove our things from the garage.
Is there anyway to hold her to her verbal contract which was do whatever you want on the second floor because it is yours. There are witnesses that she said this to as well. Therefore I worked in an apartment that was stated to be mine. I would have never spent the money I spent when it could have been saved to go toward my own property.
Customer: replied 1 year ago.
JustAnswerAsk a question Finish by ratingOnline now I live in a private house. The landlord...I live in
Online now I live in a private house. The landlord...I live in r to get a house. I pay my portion of the mortgage/tent. The landlord told me the upstair apartment is mine to do whatever I want. The landlord provide zero dollars for the fixtures. The backyard, garage and basement and laundry room was all a part of the agreement. I have been living here for 7years using all of the above. I got married 2012 and she noted the fact that she does not like my husband. Since living here he has used all of the above until they had a disagreement. Now she put a pad lock on the backyardgate and have blocked him from parking in the backyard. Do I have any rights?28 July 2015 11:20I have a meeting with the landlord today after 3pm and would like to know my rights. Does she have the right to block me and husband from parking and having access to our things in the backyard, garage and basement?28 July 2015 11:15(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.28 July 2015 11:15
Customer
LawyerHello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can..Are you actually on the deed to the property?.Are you under a written fixed term lease or are you month to month?..thanksBarrister28 July 2015 11:15No I am not on the deed. No lease or written agreement. Everything have been verbal.28 July 2015 11:42Yes I sent my number28 July 2015 11:46
Customer
LawyerI am sorry, but I can’t engage in a private one on one phone call as that could imply an attorney-client relationship which I am prohibited from entering into under my independent contractor agreement with JustAnswer..I can continue on the public website and answer your question or opt out and open the question up to other experts who might assist if you prefer....thanksBarrister28 July 2015 11:52Can you assist me? I really need to know my rights before this meeting.28 July 2015 11:57I am willing to receive assistance on this site by typing28 July 2015 12:00Heloo28 July 2015 12:04Hello28 July 2015 12:05
Customer
LawyerOk, in a situation like this, you would be considered a month to month tenant under an oral lease agreement. What this means is that either of you could change or terminate the lease by providing the other person with a 30 day written notice.
.
But the landlord can't make any changes to the tenancy without providing proper notice, which is a 30 day written notice.
.
So if she didn't provide a 30 day written notice prior to excluding access from the back yard, then she is technically in breach of the lease contract.
.
.
thanks
Barrister28 July 2015 12:06Does she have the right to demand my husband not to go in the backyard to have access to his belongings as well as the basement? I understand I current position have been verbal over the years. I am still paying on the master bedroom bathroom which was cover $16, 500. 00.28 July 2015 12:11This covernat was based on trust.28 July 2015 12:13Do I have the legal right to remove everything I put into the apartment? I put in new floors and kitchen cabinets before moving in.28 July 2015 12:16
Customer
LawyerDoes she have the right to demand my husband not to go in the backyard to have access to his belongings as well as the basement?.No, not without legally modifying the terms of the rental agreement with a written 30 day notice..Do I have the legal right to remove everything I put into the apartment? I put in new floors and kitchen cabinets before moving in..If you can do so without damaging the property and can return it to the exact same condition as it was when you received it, yes. But generally thinks like cabinets and flooring are considered "fixtures" and stay with the property once they are permanently attached to it. So you would have to replace any flooring and cabinets if it had them in it when you originally started the tenancy...thanksBarristerWant to switch to a live phone call?We can talk on the phone to make it easier to get the help you need.Amount: $52100% Satisfaction GuaranteedPhone call requestedBy clicking "Call me" you agree to the additional amount and to credit the Expert.My goal is to provide you with excellent service. If you are satisfied, please rate me. If you have follow-up questions on this same topic, use the reply box below. To start a new conversation with me on a new topic, request me again.28 July 2015 12:19Thank you. The cabinet were trashed before moving in 6 years ago. There was no master bathroom when I came. Can I remove the jacuzzi and toilet and sink? I had the bathroo
Expert:  barristerinky replied 1 year ago.
The cabinet were trashed before moving in 6 years ago..If there were no cabinets, then you can remove and take yours as long as you don't damage the walls further or repair any damages..There was no master bathroom when I came. Can I remove the jacuzzi and toilet and sink?.Once again, if there was nothing there when you initially started the tenancy, then you can take any personal property as long as you don't damage the underlying dwelling while removing it..Is there anyway to hold her to her verbal contract which was do whatever you want on the second floor because it is yours. There are witnesses that she said this to as well. Therefore I worked in an apartment that was stated to be mine. I would have never spent the money I spent when it could have been saved to go toward my own property..Unfortunately, any agreement regarding some transfer of an ownership interest in real estate has to be in writing under the "Statute of Frauds". So if you just had a verbal agreement that "it was yours", then that would not be legally enforceable....thanksBarrister

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