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Damien Bosco
Damien Bosco, Attorney
Category: Real Estate Law
Satisfied Customers: 2555
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I moved in with a friend in June. I had been in my house

Customer Question

I moved in with a friend in June. I had been in my house approximately 10 years as a renter. I had a second flood in my basement and he offered for my 2 children and I to move in with him. He said he had a 4 bedroom house and was never really home and stated that I could stay there as long as I wanted and would only have to help with utility bill. I told him I would probably be only staying a year or so and his response was "i'm going to change your mind. Long story short, I noticed somebody had been rummaging through my items in my bedroom and wanted to place my own lock on my bedroom door. He said "no locks in the house, thank you." I had then placed an envelope in the door to see if someone was going in while I was out. When I returned home form work, the envelope was removed. I questioned him and 3 hours later her sent a response that he entered my room to get the Bayer aspirin. Two week ago my 14 year old daughter stayed home sick, from school. He popped lock on my door and discovered she was in there. His excuse was "when he hears someone in the house, he's going to investigate. He did not hear anything, as she was asleep and he knew if anyone was in there, it was one of my children. I told him I didn't appreciate him going into my room and snooping through my things. I told him he is a grown man and my girls could have been in there, undressed, or anything. I also told him we would be getting out of his house because I was not going to be living without privacy and him consistently breaking in my room. He said I was ungrateful and the following day, 9/14/16, placed an envelope in my door with an eviction notice to be out by 10/14/16. Two days ago he placed a second "reminder of eviction" in my bedroom door. He is retaliating against me because I stood up for my right to privacy and is trying to put my two children and I out in a few weeks. I want to know if I have any rights and if I can take him to court? I do work but have not been able to save money, as he is aware, although he lied in his second letter stating, "I feel Ms. Cotton has had time to save money." Please let me know what my options are. He is harrassing me with these letters and causing me distress.
Thank you much,
Annisa Cotton
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. My name is***** am an attorney. I will review your question and develop a response. We may discuss it too. Does that sound good to you?

Expert:  Damien Bosco replied 9 months ago.

It appears that your landlord is claiming a month to month rental agreement. You may be able to argue that your agreement was for a year even though there is no written lease agreement. We can discuss if you would like to do so.

Customer: replied 9 months ago.
He is retaliating against me. Did he have a right to consistently break into my room and snoop through my belongings? He is upset because I stood up for my rights and his snooping had to do with his "crush" on me. Also, he was constantly questioning my kids about my whereabouts. I just need to know if I can take him to court for retaliation? Are his actions against the law?
Expert:  Damien Bosco replied 9 months ago.

A landlord has no right to enter the premises of a tenant unless the tenant agrees or if there is some type of emergency such as a water break. Further a landlord cannot harass a tenant. A tenant can bring an action in court to stop this behavior and if dangerous should notify the Police to file a report. There is no such thing a retaliation claim for this. The claim is for warranty of habitability, which includes the right to live privately and peacefully. if a it is a month to month rental agreement, a landlord can evict with proper notice. If it is for a longer period, then the lease would have to expire and a landlord could only evict before the expiration for nonpayment of rent or damages to property. We can discuss more if you would like to do so.

Expert:  Damien Bosco replied 9 months ago.

Hello Annisa: I have not heard back from you. If you need additional assistance, please let me know. Otherwise, I hope that I have provided excellent service and, if so, would love you to give me a 5 star rating. If the answer was especially helpful you can provide a bonus. Best regards.