Hi, my name is XXXXX XXXXX I will do my best to help,
1. Do you have a written lease with this individual ?
2. How did his relatives get into your leased area ?
3. Did he give them a key to your leased area ?
There is no written lease or rent. I have been there for about 2 years under same agreement. The owner allowed him onto the property. The iwner believes he can do whatever he likes when he likes
Thank you for your reply, John,
A written lease is not necessary to assert your rights as Lessee and when the Lessor leases/rents the property to a Lessee, the Lessee has the exclusive right of possession during the lease term. "Exclusive right to possession" means that the Lessor gives up his right to possession during the term of the lease when Lessee is occupying the leased property. Since the Lessor gives up the right to possession during the lease term, the Lessor cannot come and go into the leased property during the term in which the Lessee is occupying the leased property. Neither can the Lessor allow any of his friends, relatives, or other Lessees to enter into the property occupied by the Lessee. The only exception to this rule is where an emergency exists and the Lessee is not there, then the Lessor can enter the property to do any emergency repairs, or bring in someone to perform these emergency repairs.
Since there was no written lease to tell you when the lease term had expired, you could vacate the property upon giving the Lessor 30 days written notice and the Lessor could ask you, the Lessee to vacate the leased property upon giving you 30 days written notice the Lessee 30 days written notice. However, because the Lessor came and went whenever he pleased and allowed his relatives enter your leased property after hours, the Lessor effectively took away your right of "exclusive possession" which I stated above, and by doing so, the Lessor "constructively evicted you". Because of this, you did not have to give the Lessor the 30 days written notice which I also discussed above. You can sue the Lessor for damages because he told you to leave immediately and you are entitled to be compensated for this inconvenience, but not necessarily for your moving expenses and the amount to be awarded to you as damages would be up to the Judge.
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