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ctaggie
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Posted: Sat Feb 2nd, 2008 09:11 pm |
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| Yes the utilities are in the tenents name who is leaving, however, if the landlord turns them off now, i figure he would be risking having the pipes freeze.
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LandlordLaura
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Posted: Sat Feb 2nd, 2008 08:02 pm |
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I just thought of something else. Utilities. In whose name are the utlities? Are they in the name of the Tenant who is leaving and will they be shut off in a few days? The property Owner would have no legal requirement to provide utilities to an unleased rental property...
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LandlordLaura
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Posted: Sat Feb 2nd, 2008 07:44 pm |
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I do understand that you are also a victim of the fake Landlord and realize that you probably would not have made the decision to move into the property if you knew the facts.
Imagine looking (hypothetically...) at the situation from the Landlord's side, though: He/she will have unexpected added trouble and expenses of traveling from Las Vegas to Wisconsin to take possession of the property and make it ready for showing to prospective Tenants. (Something he/she was certainly not intending to do when the Lease was originally signed.) To add insult to injury, after making the effort to travel to his/her property, he/she will then find a squatter (you...) in the property that will have to be removed. That is something that would not have been planned on. He/she probably was planning to stay in his/er property while in town. Unfortunately, that will not be possible because a squatter (you...) will be in the property. Of course, if he/she has hired someone to do all of the work in his/her place, the expenses will be increased and multiplied... The property Owner would be in a better mood now than later...
I realize that you would like to save yourself money and discomfort and may not have thought of all of these issues from the Owner's point of view, but you would be causing money issues for the property Owner that the Owner would certainly not appreciate. Any money you think you will be saving by staying in the property without permission could possibly cost you more in legal fees and/or a lawsuit...
This is why previous contact with the property Owner would probably be the best way to handle the situation. Anyway, good luck with the situation. I hope all works out for you... Keep us posted.
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ctaggie
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Posted: Sat Feb 2nd, 2008 07:08 pm |
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Understood. I don't really feel as if i'm trying to get away with anything as I am as much of a victim as the landlord is. All i want is to pay my rent and have some place to live for the next 45 days.
In any event, thank you for your help. Your advise has given me alot to think about.
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LandlordLaura
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Posted: Sat Feb 2nd, 2008 06:59 pm |
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Your best bet would be to speak with the property Owner directly and explain the situation. The Owner may be willing to make a deal with you if you cooperate with him/her re: keeping the property clean, allowing people to view the property, etc.. Afterall, you did not intentionally violate the current's Lease and the situation may work to the Owner's advantage if you cooperate with him/her... You may be surprised to learn that you can work something out. If not, it would be better for you to move on...
If you plan on getting your Security Deposit back, you will have to get if from the Landlord who signed your Lease Agreement, not the property owner. Additionally, the Landlord may be subject to penalties due to his/her illegal rental practices...
If you are living in a property that the Landlord has already "evicted" the past Tenant from, you are not legally living in the property, are trespassing and will probably be prosecuted as a squatter. You could check with an experienced attorney and/or with local law enforcement to check what options you and the Landlord have. You are, however, living in the property without the Owner's permission. You certainly do not want a criminal record to follow you well into the future if the Landlord is forced to prosecute you. It would not be worth it...
As a Landlord, I would be way more receiptive to someone who deals with me upfront instead of someone who thinks that they can "get away" with something... See what I mean?
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ctaggie
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Posted: Sat Feb 2nd, 2008 05:50 pm |
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I did pay security and I do have a receipt for it. Can the landlord put my "stuff" on the street or does he have to go through some sort of eviction proceedings. I'm willing to pay him what i am currently subletting for, but I will not pay the full rent for the property.
I'm not really looking for a litigation case against anyone. I really just want to be able to stay here for 1 more month without paying an arm and a leg for it.
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LandlordLaura
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Posted: Sat Feb 2nd, 2008 05:33 pm |
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You would have a case against your Landlord, then, not the property Owner.
Are you willing to pay the entire rent due for the remaining time that you planned to live in the property? OR would you be willing to offer to take over the current Tenant's remaining Lease? If so, it would probably be best if you contact (in writing) the Owner directly. A possible plus for you is that the Owner may be very happy to get a new Tenant into the property. Possible problems with either of these choices are: 1) the Owner is probably owed back rent by the current Tenant 2) the current Tenant may have caused damage to the property that you do not want to be held responsible for 3) you would want to sign a new Lease with the Owner and have him/her do a current move-in inspection, etc.. You would certainly want to have any agreements that you make with the Owner be in writing and signed by all parties, not verbal.
If you are not willing to deal with the Owner, you should probably just plan to vacate the property as soon as the current Tenant does.
Did you pay a Security Deposit when you moved in? Do you have a receipt for it?
Last edited on Sat Feb 2nd, 2008 05:43 pm by LandlordLaura
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ctaggie
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Posted: Sat Feb 2nd, 2008 04:43 pm |
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My landlord is not the home owner. The home owner lives in Las Vegas. My landlord is the original leasor who is subletting it to me. The home owner did not sign this lease.
Also, my landlord lease does not allow for subs (which i just found out).
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LandlordLaura
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Posted: Sat Feb 2nd, 2008 04:27 pm |
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Is your Landlord the Renter who is moving out of the property or the Owner of the property? Who signed your Lease Agreement?
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ctaggie
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Posted: Sat Feb 2nd, 2008 01:40 pm |
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I need help!!
I recently relocated to Milwaukee from Tennessee for a job. I needed a place for about 2 months until i moved into my house, so I am leasing a room from someone on Craig's list. That individual is not paying rent to the landlord and is planning on moving out this weekend. Do i have any rights? Can the landlord evict me? if so, how fast?
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