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Attorney 1
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Category: Real Estate Law
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Experience:  Knowledgable and Experienced Attorney
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Pearl. I believe the person Ive been renting a room from is

Customer Question

Hi Pearl. I believe the person Ive been renting a room from is illegally subletting the room. The owner of the home has no idea.
JA: OK. The Real Estate Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No, I haven't. This is my first time.
JA: Please tell me everything you can about this issue so the Real Estate Lawyer can help you best. Please give me a bit more information, so we can help you best.
Customer: Well, she placed an ad on easyroommate for a room for rent in Oct 2015. She contacted me. We met. Discussed details. She said she'd moved in in August but made no mention of her actually renting the place. We discussed rent and I gave her security deposit. Paid her for November but didnt move in until December. I only discovered that she was in fact renting in March 2016 because she mentioned sonething about the owner not approving of her dog. Still at that point I had no idea she was illegally subletting because prior to living with her I'd had my own apartment. Now fast forward to today, after an irrational discussion yesterday she told me to get out. So Ive been gathering my things and reading up on my rights, hence, me learning about illegal subletting today.
JA: Is there anything else the Real Estate Lawyer should be aware of?
Customer: The owner does not know and she didn't ever present a contract. Everything verbal. All my payments have a trail, though.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.
Customer: I'm not looking for my money back. Just to know how I should handle things going forward. Do I have 30 days or should I just get all my stuff out today and then inform her that what she's doing is illegal? (She's a real estate agent, btw).
Submitted: 5 months ago.
Category: Real Estate Law
Customer: replied 5 months 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:  Attorney 1 replied 5 months ago.
Hello, and welcome. I am a licensed attorney and happy to assist. I'm sorry to hear you're now finding yourself in this situation, but you don't have to get up and leave today. The tenant who sublet to you stands in the shoes of a regular landlord, in so far as you're concerned. She can ask you to leave and you can voluntarily do so, but in order to legally get you out, she has to first give you 30 days written notice. If you do not leave after that time, the tenant can file an eviction action against you, if she chooses to go that route. She cannot take self-help measures, such as removing you or your property from the unit. That is illegal and there are very serious penalties for such conduct. this is the case even though the agreement is not in writing. The landlord of the building is in the same position. In order to get you out, the landlord would have to go through the same process. If the tenant is truly illegally subletting the apartment the landlord may choose to evict the original tenant, which is probably why she is so skittish now. I hope this helps. If you need additional information or clarification, just let me know and I'll be happy to continue to assist. If I have addressed your issue and/or pointed you in a positive direction, please let me know that, as well. Also, please remember to leave a positive rating when prompted, as that is the only way attorneys on the site are credited for the help we provide. Good luck! Best,Attorney 1 PS - please let me know if you still want that phone call and I will be happy to submit an offer. The alternative, if you still need additional help, we can also continue on this page at no additional charge.

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