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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27989
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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At this moment I'm renting a room in a house this room was

Customer Question

At this moment I'm renting a room in a house this room was an addition made to the house, the city has been coming since about August to look at the structure...I'm guessing they told the owner that he needs to demo the addition (which is my room) by 1/22/16 I was just notified last night 1/5/16...he is telling me I need to move out ASAP... What are my rights here?!?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. Do you rent month to month or do you have a lease?

Customer: replied 1 year ago.
Month to month
Expert:  RealEstateAnswer replied 1 year ago.

Thank you. If you have been renting for less then a year, the landlord would only need to provide you with a 30 day notice, if they wanted you to vacate. Seeing how they are asking you to vacate as a result of the rental being in violation of the housing code, you could have grounds to possible sue for the cost in moving/relocation. You do need to find a new place to live and the 17 day notice would not be proper. Moreover, if they knew this room was illegal, they do carry a responsibility, for something like this. As such, you can ask them for assistance with the move. If you do not vacate, then they would have to evict you and the city may start fining him if you remain and he would need to pay that.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 year ago.
I have been living here for over 2yrs and say I decided to stay until I find a new place and he decides to evict me do I pay rent still and how long will I have to find a new place?!?
Expert:  RealEstateAnswer replied 1 year ago.

Since you have been living there that long, he would actually need to give you a 60 day notice. As far as you staying, you would have to still pay rent, since you can not live for free. However, he may not accept it, since he knows he needs to get you out and will likely reject it. As far as the eviction process, it could take 2-3 weeks, depending on how fast he moves. The issue which the Judge is going to have, is that this could be viewed as a safety issue, which is why you need to move, so the judge will likely order the eviction.

Customer: replied 1 year ago.
It is not a safety issue since they gave him the option to get the proper permits for the addition or to demo it was his decision to demo!
Expert:  RealEstateAnswer replied 1 year ago.

Do you know if he is subject to any fines?

Expert:  RealEstateAnswer replied 1 year ago.

What did they say would happen if this is not done by the 22nd

Customer: replied 1 year ago.
I believe he will be fined...
Customer: replied 1 year ago.
Since they gave him time to get the proper permits and he decided to demo instead...
Customer: replied 1 year ago.
They told him that aslong as he got the permit process started they would leave him alone and stop coming to the house...
Expert:  RealEstateAnswer replied 1 year ago.

A lot is going to depend on when they informed him of this and was placed on notice and what action he took, to notify you. If this has been doing on for some times, he should have given you the proper notice to vacate. If he failed to do so, waited and now said to be out so quickly, you can go after him for damages, like I shared. The issue is that if you remain there will be a fine, so the Judge may order you vacate but also award you damages, if you seek it. A Judge is not going to allow you to stay and for him to keep paying the fine, since there is a violation

Customer: replied 1 year ago.
If I seek him to pay me for the damages do I need a lawyer?!!
Expert:  RealEstateAnswer replied 1 year ago.

No, you can sue on your own. You can hire an attorney and if you prevail, can ask to be awarded the attorney fees but it is not mandatory.

Expert:  RealEstateAnswer replied 1 year ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!