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I rented a room on a house thats shared with 2 others

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hi. I rented a room...
hi. I rented a room on a house thats shared with 2 others tenants. We share the kitchen living room and bathroom. All the furniture belongs to me and others tenants but the landlord has a room that he sleeps in it sometimes. 3 days ago he asked me to leave without notice or reason , saying that because its a room he can kick me out without notice because its his property. The way he talks to me saying that "if you dont leave you"ll see" is kind of threating. What should I do? Can he kick me out just like that? Can he force me to leave? please help
Submitted: 10 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/30/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,425
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Customer reply replied 10 months ago
ok
Customer reply replied 10 months ago
no thanks
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, so the primary issue here is whether you are considered a tenant or a lodger. A lodger is someone who stays in the premises with the landlord, but the landlord must stay there. A tenant is someone that has exclusive access to the property. If someone is a lodger, they only need to be notified of the eviction with at least one billing cycle notice. A tenant that is staying without a yearly lease must be notified at least 30 days in adavnce generally. In your case, it's difficult to say whether you are a lodger because you were renting a room or whether you were a tenant. If he only stayed there occasionally, there is an argument that you were a tenant that was rooming with several other people. However, theres also an argument that you were a lodger just because you had a room. My argument would be to stand on the grounds that you are a tenant only because the landlord only occasionally slept there and thus did not make it his primary residence. If that is the case, then he must provide you with adequate notice to vacate the premises or else he may be in breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Customer reply replied 10 months ago
hello
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Hi, did you see the answer to your question?

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Customer reply replied 10 months ago
no
Real Estate Lawyer: Legal Eagle, Lawyer replied 10 months ago

Ok, so the primary issue here is whether you are considered a tenant or a lodger. A lodger is someone who stays in the premises with the landlord, but the landlord must stay there. A tenant is someone that has exclusive access to the property. If someone is a lodger, they only need to be notified of the eviction with at least one billing cycle notice. A tenant that is staying without a yearly lease must be notified at least 30 days in adavnce generally. In your case, it's difficult to say whether you are a lodger because you were renting a room or whether you were a tenant. If he only stayed there occasionally, there is an argument that you were a tenant that was rooming with several other people. However, theres also an argument that you were a lodger just because you had a room. My argument would be to stand on the grounds that you are a tenant only because the landlord only occasionally slept there and thus did not make it his primary residence. If that is the case, then he must provide you with adequate notice to vacate the premises or else he may be in breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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