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Ask Loren Your Own Question
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33134
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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I would like to know I have really no lease rent that I've

Customer Question

I would like to know I have really no lease rent that I've been here for 6 years I've been paying him 808 month cash and I've never been late. I am a disabled veteran I live upstairs and there's a lot of safety issues that you've been trying to tell me he would fix the last 2 years very unsafe to climb the stairs. He also went up there when I was in rehab and took a workout bench which is called Total Gym I remove this from my deck and threw it away so I was told him I was going to withhold a month rent I don't think he had any right to through my property away without my permission well since I have no lease I don't know if he can evict me at anytime but I think I have I went to court I would have a good chance of winning. I would like to know if I have any rights or he can just evict anytime you want. I've been good with this guy for 6 years at this place. But before that I rented from him and another property that he had until he asked me to move into this place which is a duplex and then girlfriend live down below and he wanted somebody to live upstairs that was a good tenant and I was. And he still hasn't gave me my deposit from the first place that's over 7 years ago I would like any advice that you can give me thank you
Submitted: 9 months ago.
Category: Landlord-Tenant
Expert:  Loren replied 9 months ago.

Hello. I am Loren, a licensed attorney for over 30 yrs, and I look forward to assisting you. Thank you for your patience as I review your question. In a moment I will either ask you for more information or post an answer to your question.

Expert:  Loren replied 9 months ago.

Which state?

Customer: replied 9 months ago.
South Carolina
Customer: replied 9 months ago.
When do I get my answer
Customer: replied 9 months ago.
I'm a disabled vet I can't afford much more
Expert:  Loren replied 9 months ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Thank you for your patience as I type out your answer.

Expert:  Loren replied 9 months ago.

Unfortunately, you can not withhold rent without exposing yourself to eviction for nonpayment. Your remedy for the landlord failing to make safety repairs is to make a written demand for the repairs and, if they are not done in 7-14 days, you may be able to move out, terminate the tenancy and sue the landlord for your damages.

Likewise, your remedy for the illegal trespass and removal of your property would be a suit in small claims court for trespass and conversion. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.

Expert:  Loren replied 9 months ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Expert:  Loren replied 9 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for assisting you.

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