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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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I have my own house an hour and a half away from work. A

Customer Question

I have my own house an hour and a half away from work. A coworker, who has an apartment 5 minutes from work got transferred till the end of the year so I took over her apartment September 1st. There is no paperwork since I thought we were friends. I paid the rent with the landlord's permission on September 1st. I complained that the oven doesn't work so she is telling me to leave the end of September. She did not put that in writing.
I would like to stay to avoid a*****every day. Is there anything I can do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister 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.

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Is there anything in writing where the primary tenant agreed to rent to you for a fixed term?

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Who told you to move, the friend or the landlord?

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And her notice to move is only verbal, correct?

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thanks

Barrister

Customer: replied 1 year ago.
Nothing is in writing.
My friend told me to leave, not the landlord.
My friend told me verbally, not in writing.
Expert:  Barrister replied 1 year ago.

Ok, if there is no written sublease between you and friend, then legally you are considered a month to month tenant under an oral lease agreement. Either party can terminate the tenancy by giving the other a 15 day written notice to vacate. So here, if the notice to move was verbal, it is not legally effective to terminate the tenancy. She would have to give you a written 15 day notice in order to start any clock on when she could terminate the tenancy and then evict through the courts if you didn't vacate.

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So as of right now, you can ignore her verbal notice.

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thanks

Barrister

Customer: replied 1 year ago.
If she calls the sheriff about a guy being in her apartment, how do I prove I'm legal with no paperwork?
Expert:  Barrister replied 1 year ago.

You can just show them any receipts that you have for paying rent... But the sheriff won't come out unless there is a court order directing him to... Sheriffs are officers of the court and are only dispatched for law enforcement or if they have an order from a judge, like an eviction order and writ. Local police won't intervene either since this is strictly a civil matter, not a criminal one. Also, you could direct them to the landlord who can confirm that you are subleasing..

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thanks

Barrister

Customer: replied 1 year ago.
Does a text count as written notice to vacate?
Expert:  Barrister replied 1 year ago.

No, it has to be a written paper notice stating that the tenant has at least 15 days starting the day after the notice is delivered to legally terminate the tenancy.

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thanks

Barrister

Customer: replied 1 year ago.
What if she calls the sheriff and claims a man is trespassing illegally. Is that criminal action the sheriff will pursue? Remember, I have nothing except a copy of my checking account online showing I wrote the landlord a check for September's rent.
Expert:  Barrister replied 1 year ago.

As I mentioned, you can show the copy of the check to the sheriff and he can confirm with the landlord that you are a tenant. But sheriffs handle things outside city limits, so if you are in the city, it would be the police who would respond to any trespassing complaint. But the fact you have a check made payable to the landlord, keys to the place (presumably) and the landlord will confirm you are living there will be definitive proof that this is strictly a civil matter, not a criminal one.

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So law enforcement intervening in this is extremely unlikely, but if they did, then you have proof of your tenancy.

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thanks

Barrister

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