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Hi I was moved into this familys house back in 12/17/09. I…

Hi I was moved into this...
Hi
I was moved into this family's house back in 12/17/09.
I paid $300 deposit and the monthly rent was $500. On the day I moved in, I was given a simple contract paper which listed a few rules that I had to abide by.
One of the rules was that I had to ask permission if a friend sleeps over in my room(basement). I was a little annoyed by it but I followed their rules. But after I moved in, they were adding more regulations like.. I can't use the dryer, I had a big TV and they were complaining that my TV was too big and it was taking up too much electricity. I was asked not to watch TV too much. Rules were somewhat annoying and weird but I didn't wanna cause any scene or argument so I just didn't say anything back to them about it.
Everything was going great, they were pleased that they let me move in, and they kept saying that I was such a great roomate and all that.
on 6/4/10, my little brother was coming to visit me from Korea and of course I asked them if my brother could stay with me. They asked me how long my brother was going to be staying and I said "I don't have the exact date but I'm assuming that it's going to be around 3 weeks." They were fine with it and they just asked me to pay them some money which would cover the water usage. So I was thinking about $50~100.
Everything was going well, they weren't saying any complaints and they always said "don't starve yourselves and come upstairs and use the kitchen if you need to cook some for your brother."
I was very thankful that they were so caring.
I always left the kitchen very neat and clean after I used them and I even helped them with their trash or cleaning if I could. That was the only way to show them my appreciation towards them. I got a little more closer with the landlord (the wife) and I even made her some fresh fruit juice yesterday morning. We had a little chat and she once again told me to feed my brother and she said it was okay to eat some of the food that she has cooked. Then on the same day which was yesterday, the landlord(the husband) comes down to my room and said that he needs to talk to me.
I never thought that the conversation that we were about to have was going to lead to an argument. He told me to move out ASAP. I asked him what I did wrong so that he had to kick me out. He says his family wasn't feeling any comfortable about my brother being at their house. He says he thought my brother was going to stay only about 2~3 days. So I told him "I already asked for permission and you allowed it. I even told I was gonna pay you for it. It wasn't like I did it all on my own without telling you. We had an agreement. I even told in the beginning that my brother was going to stay for about 3 weeks. Why are you saying it like you had no idea about this? and if you didn't like the fact that my brother was staying with me, why didn't you tell me before? You could have said no or you had so many chances to tell me for last 3 weeks. And you could have just asked me to have my brother move to somewhere else."
He raises his voice and keeps saying that I was the one who didn't follow his rules.
I just don't get it. I already asked for permission as they asked me to do, we had an agreement, and they all knew how long my brother was going to stay. If they didn't want my brother to stay there, they could have let me know, or they could have warned me. They were just kicking both of us out.
I was planning to go back to korea next month for good and I already gave them the notice. They couldn't wait another 2 weeks until I leave and they just decided to kick us out. My brother has never been upstairs unless we were eating and most of the times, we went out to eat . He was upstairs for like only 3 or 4 times. That was it. I don't know why they are saying it like my brother was causing some problem to make them feel uncomfortable.
He asked me how long I would need to vacate my room. I said "In this case, aren't you suuposed to give me a 30 day notice?" and he saays "this is different. you are making us so uncomfortable and we can't have you here anymore. So I can't give you 30 days. I want you to move out in a few days"
In this case, can I sue them for kicking me out like this? They are throwing us out on the streets and I feel like they are doing this so that they don't ahve to pay me my deposit and the rest of the money (I pay them the rent on the 17th, so if I leave in a couple of days, they should pay me for the days of the rent that are left? I'm assuming that I would be moving out on 7/1. so they have to pay me back for my 15 days, correct?)
And they should pay me back my deposit unless there is any damage that I've done to their house, right?
He sounded like he wasn't willing to pay me back my rent or deposit because they had no choice but to kick me out.
Please help me!
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Answered in 36 minutes by:
6/28/2010
Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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He is certainly making it very difficult and uncomfortable for you and your brother to stay there. However, you have done nothing to deserve being evicted and without notice. The landlord cannot make a vague statement such as "you make them uncomfortable" and use that as a basis to evict you without notice.

 

The landlord must give you 30 days written notice to vacate and cannot change the locks to prevent you from getting in.

 

If you have somewhere else to live for a while before returning to Korea, do not let the landlord know. Simply tell him that you would be willing to leave, but only if he refunded 17 days of rent which are left in the month and the reurn of your security deposit in full.

 

You do not say in which state you live, but that does not matter; Without wasting any time at all, tomorrow morning go to the County or Township Office of Licensing and Inspection and find out if the landlord has a license to rent his basement or any part of his house to a tenant. If it is a single family residence, chances are he is not permitted to rent any part of his house to a tenant and when he rented it to you, he was doing so illegally. Therefore, you can use this as leverage to get all the money he owes you and to make him pay you extra to find someplace else to live.

 

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___________________________________________________

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

Don't forget to leave positive feedback!

 

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12,554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
Verified
Andrea, Esq. and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 8 years ago

Thank you!

I got one more question.

Some of my friends told me that I should ask him for moving fee. Does he have to pay it to me? I didn't think he had to but after hearing from my friends, I was wondering if I could ask for it too.

I apologize for the delay, there was a technical problem and I coulod not get back into the question to answer your follow up question.

 

Actually, I had anticipated this question and addressed it in my original Answer. It is in the very last sentence of my Answer. Although the landlord does not have to pay you if you do not sue him for moving expenses, if the landlord was illegally renting that area to you, you could use it as leverage. If you sued him, the Judge would probably award you moving fees.

 

_____________________________________________________

 

If you have questions in the future, please feel free to ask for me by typing my name at the beginning of your question

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

 

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Customer reply replied 8 years ago

One more question..
I have another roomate (the landlord rented out another room upstairs to another girl).

She's being evicted by the same reason "I feel uncomfortable you being here".

She and I just called the landlord(the husband) and told him that we would be moving out and we'd like to receive our rest of the rent and the deposit. She talked tohim first on the phone and he yells at her and says "who gives back the rest of the rent? I can't give it back to you so just stay until your next month is due (which is the 7th, so he was asking her to stay until the 6th)."

Then I talked to him next and he says "I thought you said you needed 30 days".

So I told him "Well, you were the one who said you couldn't give me any more days and asked me to leave ASAP." He then says "Then vacate your room until the 2nd of July! if you stay after the 2nd, then I can't give any of your money back to you!"

As I said before, my lease is until the 16th. Whether I leave before or after the 2nd, he should refund it back to me, correct?

 

Welcome back and thank you for your new question

 

This person sounds like he has a lot to hide.

 

Your landlord must give you 30 days written notice and that means 30 full days. You would count the days from the day each month starts; So, if your lease starts on the 17th day of the month, if he wanted you out by July 17, he would have had to give you the 30 days written not later than June 16. He cannot tell you to leave in the middle of the month. In addition, he must give you your full security deposit back, if there is no damage done to the premises, which I doubt that you did. However, I am positive that he does not have the money to return to you and the landlord will be sure to find some "damage" that you did to the property.

 

My experience told me that this is what the landlord was going to do and that is why I told you to look into whether or not the landlord had a License to rent rooms or a License to rent any part of the house. This is usually not permitted in single family homes. These types of landlords use scare tactics and intimidation to make unsuspecting tenants pay extra and lose their money. The landlord takes a tenants money, then tells the tenant to leave, does not return anything to the tenant and then goes on to rent to the next tenant to whom he will do the same thing and this happens o9ver and over and the landlord makes a ton of money, even though the landlord is breaking the law by renting.

 

Tell the landlord that you are not leaving and that eviction proceedings will have to be started. You would find it very interesting to see the landlord's reaction and if he ever did start eviction proceedings, you would be surprised at the reaction of the Judge.

 

Please follow the suggestions I gave you, beginning with going to the Office of Licensing and Inspection to determine if he has a License to rent any part of the house. I strongly recommend this because I sincerely XXXXX XXXXX this Landlord has no intention of giving you a refund on the balance of the rent for the month, or any part of your security deposit.

 

_________________________________________________

 

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required, but are greatly appreciated

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

Ask Your Own Real Estate Law Question

Welcome back and thank you for your new question

 

This person sounds like he has a lot to hide.

 

Your landlord must give you 30 days written notice and that means 30 full days. You would count the days from the day each month starts; So, if your lease starts on the 17th day of the month, if he wanted you out by July 17, he would have had to give you the 30 days written not later than June 16. He cannot tell you to leave in the middle of the month. In addition, he must give you your full security deposit back, if there is no damage done to the premises, which I doubt that you did. However, I am positive that he does not have the money to return to you and the landlord will be sure to find some "damage" that you did to the property.

 

My experience told me that this is what the landlord was going to do and that is why I told you to look into whether or not the landlord had a License to rent rooms or a License to rent any part of the house. This is usually not permitted in single family homes. These types of landlords use scare tactics and intimidation to make unsuspecting tenants pay extra and lose their money. The landlord takes a tenants money, then tells the tenant to leave, does not return anything to the tenant and then goes on to rent to the next tenant to whom he will do the same thing and this happens o9ver and over and the landlord makes a ton of money, even though the landlord is breaking the law by renting.

 

Tell the landlord that you are not leaving and that eviction proceedings will have to be started. You would find it very interesting to see the landlord's reaction and if he ever did start eviction proceedings, you would be surprised at the reaction of the Judge.

 

Please follow the suggestions I gave you, beginning with going to the Office of Licensing and Inspection to determine if he has a License to rent any part of the house. I strongly recommend this because I sincerely XXXXX XXXXX this Landlord has no intention of giving you a refund on the balance of the rent for the month, or any part of your security deposit.

 

_________________________________________________

 

 

That is the only way I get paid

 

Positive Feedback, BONUS are not required, but are greatly appreciated

 

 

Kindest Regards,

 

ANDREA, JD, LLM

MEMBER, NY & PA BAR

Don't forget to leave positive feedback!

 

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