So I just got a 15 day notice to move out...

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Dustin_m

Member
Ok, this story is gonna get long, so I'll post some cliffs.

:cliffs:
Landlord gets bitch gf, shit starts getting weird.
bitch finds other girls hair in owners bathroom, flips out
owner loses dvd's, accuses & threatens roommates
I send an email speaking my ming, happiness does not ensue
owner says my gf no longer allowed in my room, wtf?
me, on my way to court soon, probably no longer living there

Here's the long story:

I have lived in my current house since November 2006. I rent one room in a 5 bedroom house. The owner/landlord lives in the master, and there are two other guys that live there. One guy has the 2 br upstairs and theres the master and 2 more downstairs.

When I first checked the place out, I asked a bunch of questions. The owner is pretty young, and from everything I asked, it all seemd cool. I told him speifically that my gf was over often, and that we spent most all of our time together. He specifically said that was fine.

ok so everything was cool for the past year and a few months.

Fast forward to late last year, the owner got a steady gf. before that he would bring random hoes home all the time, and have them screaming and all that shit while having sex. That shit is really rude in my book, but apparently he didnt think so. So this guy gets a gf, and shit starts changing. things get reorganized, kitchen stuff is being bought, all kins of weird shit within a few weeks of this bitch being here.

So, I had been renting month to month for a while after my lease was up. I got into a university about 200 miles away, and gave my notice that I was moving. everything was cool, then the plans for school fell through when they wouldn't transfer some classes so I decided to stay. The same day I emailed the landlord and asked if I could stay. He said cool, but he had planned to up the rent. We negotiated a price just a tiny bit more than my current rent, and agreed to do a lease for the last few months. This is where I did go wrong, by signing the lease, but it gets better...

The same day that I handed him the signed lease and got a signed copy from him (mid March), shit starts to hit the fan. That night i was home doing homework, waiting for my gf to get off work to go somewhere and study. I walk out in the hallway to go to the kitchen, and I see a big ass construction paper note on the owners bedroom door.

It read something like this:
No tenants are to use my bathroom. This is the third time that i have found long black hair in my bathroom. I do not appreciate someone else thinking they have the right to go in here. This area is off limits. This ic obviously not sarahs hair, as she is blonde"

below that it had 2 stick figures drawn, one of his gf and one of the mystery person with dark hair that takes showers in his br when he's gone.

I immediately took offense to it, as I'm the only other one with a girl over. My gf does not have dark hair though, more of a light-med brown, this stuff was darker (he taped the hair to the note). So I wrote an email telling him that the note was rude and offensive, and that it needed to be taken down. I also pointed out that it could have been tracked in on someones clothes, shoes, or anything really, and that it also could have been the cleaning ladies who clean his room and bathroom. He didn't respond, but went out and added to the note that he KNEW that it wasn't the cleaning people, and that it was someone here.

ok, so I emailed back that this was basically bullshit and i wasnt going to be made to feel uncomfortable somehwere where i pay rent, he needed to fucking take it down. next time i looked the note was gone. We exchanged a few emails the next day in which he tried to say that this was HIS house and he wasn't about to be disrespected in his own home. I shot bakc a few things that made him end up apologizing for the way he handled it.


Ok, fast forward to last week. He sends an email to all the tenants stating that he is missing dvd's from his collection, which is stored in the living room. No one in the house except for him uses the living room. He has said before that it was cool to borrow dvd's, so we all use them now and then. In this email, he was just asking us to look through our stuff and see if we had any of his. I looked, and had a couple, which i returned and followed up with an email to him stating which ones were returned. One of the other roommates had just moved out, and the other one responded to all of us stating that he didn't have any of the dvd's.

So then a couple days later I get this email:
Note: This is copied directly from the email, spelling/grammar errors and all.
I am not sure if my last email was too nice!?!

But I spent about 2 hours organising my DVD section outside and I can tell when people just take things and do not put them back where they belong!

All my movies are in Alphabetical order so by just tossing movies back you are disrespecting my home!!

So please be more considerate of my property and return all DVDs you have "borrowed"

You may think this is as being Anal but I honestly do not care in your feels since it is clear mine are not being taken into account!!

I was raised to respect others and if I "borrow" something I was to return it in it's original condition.

I know in the past I mentioned borrowing them was OK but it seems that I have been taken advantage of and I do not like being made of a fool in my own house!

So please return all movies borrowed!! I am now missing all my Lord Of The Rings movies, and still have not found my American Pie Movies along with Phantom of the Opera and Pirates movies and many others. I have many movies that I purchased from Hollywood Video so they are easy to tell.

I am sure it may not seem like a big deal to be missing DVDs but I paid for them and at this rate I am missing out on $250.00 worth of MOVIES!

And to me that is the same as STEALING!! $250.00 from me, which is grounds for Eviction!!

So please do not take my kindness for granted by walking all over me.

I am doing this through email so hopefully it will get resolved faster and not escalate!!

Again we are all tenants and we all pay rent but once you start disrespecting my home do not think for a second BC rent is paid I will not inform the authorities!! Like I said it's $250.00 of my money!!

Thank you,

Marty


I responded by saying "As I said earlier, I had 2 dvd's and have already returned both of them."

The next afternoon I get an email from him while I was away getting some dinner. My gf had came over and stayed there while i went to Subway. When I got home, this was in my email:

I just wanted to check in and makesure your Gf wasn't staying here?

I wanted to get that out of the way before it became an issue later. The lease states that no one else beside yourself should be living here per the agreement.

I have no problem with guest every now and then but I know that she's lived here in the past and I do not want that to be the precedent. She really shouldn't be here without you here it wouldn't be fair to all the other tenants.


This was complete horseshit, as my gf has went home regularly since I have lived there. I responded:

Yes. Kris is here and was here earlier while I left to go get food.
There shouldn't be an issue at all because she IS NOT LIVING HERE, She
has not EVER lived here, and has no PLANS to live here.

Before I ever moved in here, during our initial meeting when you
showed me the place, I informed you that my girlfriend is over often,
and that we go to school together and do most of our work together.
You specifically said that this was NOT a problem, and that you
understood that just fine. If you would have said that it was a
problem with you, then I would have never moved in here. There are
many times when we spend nights studying at a library or somewhere
else, and just one of our cars is here. She has stayed over for a few
nights at times, but if that is not fair to other roommates, then how
is it fair that your girlfriend comes over without you and also stays
here?

My lease says that only I am allowed to live here, and that is just
what happens. There is nothing in there that says I am not allowed to
have guests. I have every right to have a guest over at my
discretion, and I do NOT plan to stop doing that. Kris being here is
in no way unfair to to other roommates because she does not in any way
interfere with anything.

I'm not sure about you, but I consider living somewhere to mean that
you actually permanently have your belongings there. Do you see any of
her belongings here? No.

I have been living here since November of 2006, and my typical habits
and schedule have not changed. If this was the problem that you say
it is, then why was it never brought up in the last year and a half
that I have been here.

There have been plenty of times that I have came home from work or
school and found that you are having a party or get together with your
friends without any hint of a notice to the other roommates. Many of
these times your friends are parked in the driveway and in front of
the house, leaving me to park down the street. THIS is what I
consider unfair to other roommates.

Also, I have recently had to remove my cookware from the kitchen
because it has been permanently damaged. I do know that Mindows
rarely cooked, and I have never seen Jason cook. Other than myself
this only leaves yourself and your girlfriend to have used them. I
take very good care of my kitchen items, and am careful not to ever
use metal utensils in any pans or skillets. When I removed my
cookware, It had scratches in the teflon coating that my plastic
utensils would not have caused. As of right now, I have 2 skillets
that are scratched through the non-stick coating, and a spatula that
was held on a hot pan and melted from misuse. Just to be clear, I
removed that spatula last week after I saw that you or your girlfriend
used it to cook eggs in one of my pots and left it with burnt cooked
egg all over the bottom. In my opinion, I should be owed new items,
as they were in new condition before they were scratched by someone
elses careless use.

There have also been many times when you have had girls over in the
past and have been "loud" late at night. THIS is what I also consider
to be unfair to others.

I am very careful about the people I bring around my home, and there
have really only been 3 people that I have had over here in the whole
time I have lived here. I can't see how this in any way can be
considered being unfair to the other people that live here.

I work my ass off every day to pay my rent, bills, and personal items.
I have no reason at all to steal movies-I have plenty of my own. I
also don't appreciate you insinuating that other people, including me,
in this house were raised with less morals than you. From the
character you have shown, I think it would be safe to assume you out
of anyone is the one without morals or values, as you seem to think it
is okay to disrespect people for no valid reason.

You seem to think that because the mortgage for this house is in your
name, you can do whatever you want here, and everyone else has to put
up with it. To me this sounds like a spoiled ass little kid that
expects to get whatever he wants while saying "fuck everyone else."
You have already confirmed this type of attitude in you recent emails
by saiying that you really don't care how everyone else feels, and
have made an effort to emphasize that this is YOUR house in an
apparent attempt to make others who live here feel as if they are
unwelcome.

As far as the lease goes, YOU have already broken this lease. You
have already breached the covenant of quiet enjoyment at this point in
time, and I feel that my ability to use and enjoy the premises that I
have leased have been permanently and intentionally harmed by your
repetitive emotional outbursts and threatening notes and emails. I no
longer feel comfortable or safe here at all.

Right now, You are wasting my time. I have a lot more important
things to do right now like schoolwork. On top of working 40 hours a
week, I am taking 3 hard classes in school, and instead of
concentrating on that, I am sitting here having to write this.


Dustin

ToSo that was yesterday. today I get home from work and I have a notice on my door that is a 15 day "cure or quit" notice. States that I have 15 days to either comply with the lease or move out.

He lists the part of the lease I "violated" which says that I can't let friends or family use the house or utilities, and another clause that talks about illegal activities inwhich he puts in that "neither tenant nor tenant's guest may withhold any other tenant's personal property, cause a disturbance, or write on another persons automobile" wtf? I took me a minute to realize that he was specifically blaming me for the dvd's, and that he also said I caused some kind of disturbance, which i never did, and something about writing on an automobile, which I know nothing about.

I've ignored all emails simce that long one I sent, have since contacted people I know who are attorneys, and have found a lawyer who specializes in property law, specifically tenant/landlord disputes. I am going to be giving the attorney a call tomorrow to set up an appointment w/ him



Now, wtf does all of this mean? I want to get the fuck out of there. I have spent some time reading today,a dn have found some legal ways to get out, jst have to find out whats recommended. The way this "15 day notice" thing is worded, it seems as though he may, either intentionally or unintentionally, be releasing me from the lease, as it says that I may choose to just move out instead of complying w/ the lease, but I have to make sure about that.

All of this bullshit boils down to a immature white trash girls insecurity. This trashy ho that he calls his gf is pissed because there is another girl in the house, even though the roommates rarely run into each other because of different schedules. My gf is all pissed about the situation and is not helping out because she is wnting to make decisions based off emotion, which is not the right thing in this situation.

I know I had to have made a bunch of spelling errors here, i don't care. I spent a half hour writing this damn thing, and really didnt even get into that much detail.

So what are your guys' thoughts on this?

I know a lot of the things he has done are illegal, especially breaching the expressed covenant of quiet enjoyment, which states that basically I have the right to enjoy my home without being harrased/bothered/threatened. I plan to attempt getting out of the lease, and also plan to pursue this in court because I feel that I am owed a majority of my rent back, my deposit, and compensatory damages for having to take time our to school and work to deal with this issue, and of course, legal fees.

any thoughts?
 

AHHVTEC

Well-Known Member
VIP
i read the whole efin thing my eyes hurt lol, but anyways yea its bs but he owns the place so he can kick you out if he wants but he will have to kick you out by law meaning it will take a full 90 days, after the notices starts and not by him by the courts
 

|Chaz|

Well-Known Member
VIP
Wow, that sucks man. I read through the whole thing, I'd try to give advice, but I really have none to offer. So all I can say is I wish you the best of luck.
 

Briansol

Admins
Admin
VIP
Your last reply is kinda out of line.

just because his name is on the mortgage... Yup, that's everything. it IS his house regardless fo the 'sharing' terms that were agreed upon. I don't know why he refers to himself as a tennant. odd.

if he's evicting you, he is basically canceling your lease.
I don't know about there, but there's a 30 day minimum here, 45 in the winter... neither of which is enforcable if there's children involved (but that doesn't amtter for you)

You want out, get the fuck out :)
Cozy house, 2bd, 2ba, gardener

:)
 

BrutalB83

Brutal Moderator
Moderator
VIP
So do you guys never see each other, or what? What's up with all the e-mailing when you live in the same house?
 

Aleaf.CRX

Well-Known Member
Damn, that's fucked up. I had/ have those kind of disputes with my mom over the stupidest shit. And I don't even live there anymore!!!
 

awptickes

unimpressed by you
VIP
Dude. GTFO.

Can you post a copy of the lease here? With all appropriate information blacked out of course. I'd be interested in the terms of seperation as outlined in the lease.
 

Dustin_m

Member
Your last reply is kinda out of line.

just because his name is on the mortgage... Yup, that's everything. it IS his house regardless fo the 'sharing' terms that were agreed upon. I don't know why he refers to himself as a tennant. odd.

if he's evicting you, he is basically canceling your lease.
I don't know about there, but there's a 30 day minimum here, 45 in the winter... neither of which is enforcable if there's children involved (but that doesn't amtter for you)

You want out, get the fuck out :)
Cozy house, 2bd, 2ba, gardener

:)
My last response wasn't out of line at all. It really doesn't matter that he lives here or not, If my name is on that lease saying that I am paying rent for my room, then it's my fucking room, and he loses pretty much all rights to it. There's a lot of provisions in the law that are there to prevent bullshit from landlords like this. If I were to post up the other emails between us, you could see that I have not been rude or out of line, just making sure I stood up for myself. And him referring to himself as a tenant is funny. He also has it written in there that ther will not be more than 3 people total living in the house, and right now there's 4, so I am wondering if that might be to my benefit.

It's to keep a record of all communication between landlord and tennant.
Yep. exactly. Besides, this guy doesn't do anything face to face, everything through email. I have played along with it since the documentation of everything is great

here's the lease:
RESIDENTIAL LEASE AGREEMENT
This Residential House Lease Agreement is made and effective March 11, 2008 by and between Martin xxxxxxx and Dustin xxxxxxxx. This Lease creates joint and several liability in the case of multiple Tenants.
1. PREMISES.
Landlord hereby rents to Tenant and Tenant accepts in its present condition the house at 5891 Salacot Court.
2. TERM.
The term of this Lease shall start on April 1, 2008, and end on the July 31, 2008. In the event that Landlord is unable to provide the House on the exact start date, then Landlord shall provide the House as soon as possible, and Tenant’s obligation to pay rent shall abate during such period. Tenant shall not be entitled to any other remedy for any delay in providing the House.
3. RENT.
Tenant agrees to pay, without demand, to Landlord as rent for the House the sum of $580 per month in advance on the first day of each calendar month, at 5891 Salacot Court, or at such other place as Landlord may designate. Landlord may impose a late payment charge of $10.00 per day for any amount that is more than five days late. Rent will be prorated if the term does not start on the first day of the month or for any other partial month of the term. Payment will be in the form of Money Order or Cash, no checks will be accepted.
4. SECURITY DEPOSIT.
Upon execution of this Lease, Tenant deposits with Landlord $200, as security for the performance by Tenant of the terms of this Lease to be returned to Tenant, without interest, following the full and faithful performance by Tenant of this Lease. In the event of damage to the House caused by Tenant or Tenant’s family, agents or visitors, Landlord may use funds from the deposit to repair, but is not limited to this fund and Tenant remains liable. Upon departure of the house the tenant must notify the landlord 31 days prior to exiting in order to receive full deposit.
5. QUIET ENJOYMENT.
Landlord agrees that on paying the rent and performing the obligations contained in this Lease, Landlord will not interfere with Tenant’s peaceful use and enjoyment of the House, providing that this does not in anyway damage the house. And with these enjoyments the tenant agrees to observe the following quiet hours of 12:00AM to 12:00PM Sunday through Thursday.
6. USE OF PREMISES.
A. The House shall be used and occupied by Tenant exclusively as a private single-family residence. Neither the House nor any part of the House or yard shall be used at any time during the term of this Lease for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose other than as a private single-family residence.
B. Tenant shall comply with all the health and sanitary laws, ordinances, rules, and orders of appropriate governmental authorities and homes associations, if any, with respect to the House.
C. Tenant shall not allow any family, friends, quest, or other to have use of the house (sleeping, use of utilities, etc…). Landlord reserves the right to deny access or use of the house to any person.
7. NUMBER OF OCCUPANTS.
Tenant agrees that the House shall be occupied by no more than 3 persons, including no more than 2 under the age of eighteen (18) years, without the prior written consent of Landlord.
8. CONDITION OF PREMISES.
Tenant agrees that Tenant has examined the House, including the grounds and all buildings and improvements, and that they are, at the time of this Lease, in good order, good repair, safe, clean, and tenantable condition. Landlord and Tenant agree that a copy of the “Joint Inspection,†the original of which is maintained by Landlord and a copy provided to Tenant, attached hereto reflects the condition of the House at the commencement of Tenant’s occupancy.
9. ASSIGNMENT AND SUBLETTING.
A. Tenant shall not assign this Lease, or sublet or grant any concession or license to use the House or any part of the House without Landlord’s prior written consent.
B. Any assignment, subletting, concession, or license without the prior written consent of Landlord, or an assignment or subletting by operation of law, shall be void and, at Landlord’s option, terminate this Lease.
10. ALTERATIONS AND IMPROVEMENTS.
A. Tenant shall make no alterations to the House or construct any building or make other improvements without the prior written consent of Landlord.
B. All alterations, changes, and improvements built, constructed, or placed on or around the House by Tenant, with the exception of fixtures properly removable without damage to the House and movable personal property, shall, unless otherwise provided by written agreement between Landlord and Tenant, be the property of Landlord and remain at the expiration or earlier termination of this Lease.
11. DAMAGE TO PREMISES.
If the House, or any part of the House, shall be partially damaged by fire or other casualty not due to Tenant’s negligence or willful act, or that of Tenant’s family, agent, or visitor, there shall be an abatement of rent corresponding with the time during which, and the extent to which, the House is untenantable. If Landlord shall decide not to rebuild or repair, the term of this Lease shall end and the rent shall be prorated up to the time of the damage.
12. DANGEROUS MATERIALS.
Tenant shall not keep or have on or around the House any article or thing of a dangerous, inflammable, or explosive character that might unreasonably increase the danger of fire on or around the House or that might be considered hazardous.
13. UTILITIES.
Tenant shall be responsible for arranging and paying for all utility services required on the premises. This includes GAS, ELECTRIC, WATER, CABLE, AND INTERNET. All the aforementioned utilities will be required at the middle and end of every month, unless otherwise notified by the Landlord. Each of the Utilities will be divided up equally among the tenants living in the house during the period charged on the bill. Tenant shall not default on any obligation to a utility provider for utility services at the House.
14. MAINTENANCE AND REPAIR.
A. Tenant will, at Tenant’s sole expense, keep and maintain the House and appurtenances in good and sanitary condition and repair during the term of this Lease. In particular, Tenant shall keep the fixtures in the House in good order and repair; keep the furnace clean; and keep the walks free from dirt and debris. Tenant shall, at Tenant’s sole expense, make all required repairs to the plumbing, range, oven heating apparatus, electric and gas fixtures, other mechanical devices and systems, floors, ceilings and walls whenever damage to such items shall have resulted from Tenant’s misuse, waste, or neglect, or that of the of Tenant’s family, agent, or visitor.
B. Tenant agrees that no signs shall be placed or painting done on or about the House by Tenant without the prior written consent of Landlord, which consent shall not be unreasonably denied.
C. Tenant agrees to promptly notify Landlord in the event of any damage, defect or destruction of the House, or the failure of any of Landlord’s appliances or mechanical systems, and except for repairs or replacements that are the obligation of Tenant pursuant to Subsection A above, Landlord shall use its best efforts to repair or replace such damaged or defective area, appliance or mechanical system.
15. ANIMALS/INFANTS/CHILDREN.
A. Tenant shall keep no domestic or other animals on or about the House without the prior written consent of Landlord. The Landlord shall not be held responsible for any injuries/death of Tenant’s animals.
B. Tenant shall keep no infants of children on or about the House without prior verbal consent of the Landlord. The Landlord shall not be held responsible for any injuries/death of the Tenant’s infant/child.
16. RIGHT OF INSPECTION.
Landlord and Landlord’s agents shall have the right at all reasonable times during the term of this Lease and any renewal of this Lease to enter the House for the purpose of inspecting the premises and/or making any repairs to the premises or other item as required under this Lease.
17. DISPLAY OF SIGNS.
During the last thirty (30) days of this Lease, Landlord or Landlord’s agent may display “For Sale†or “For Rent†or “Vacancy†or similar signs on or about the House and enter to show the House to prospective purchasers or tenants.
18. HOLDOVER BY TENANT.
Should Tenant remain in possession of the House with the consent of Landlord after the expiration of the Term of this Lease, a new tenancy from month to month shall be created which shall be subject to all the terms and conditions of this Lease, but shall be terminable on thirty (30) days by either party or longer notice if required by law. If Tenant holds over without Landlord’s consent, Landlord is entitled to double rent, pro-rated per each day of the holdover, lasting until Tenant leaves the House. After a term determined by the Landlord a new lease shall be required for the term of another 6 months for the Tenant to sign after a long holdover.
19. SURRENDER OF PREMISES.
At the expiration of the Lease, Tenant shall quit and surrender the House in as good state and condition as they were at the commencement of this Lease, reasonable use and wear and damages by the elements excepted.
20. FORFEITURE OF SECURITY DEPOSIT - DEFAULT.
It is understood and agreed that Tenant shall not attempt to apply or deduct any portion of any security deposit from the last or any month’s rent or use or apply any such security deposit at any time in lieu of payment of rent. If Tenant fails to comply, such security deposit shall be forfeited and Landlord may recover the rent due as if any such deposit had not been applied or deducted from the rent due. For the purposes of this paragraph, it shall be conclusively presumed that a Tenant leaving the Premises while owing rent is making an attempted deduction of deposits. Furthermore, any deposit shall be held as a guarantee that Tenant shall perform the obligations of the Lease and shall be forfeited by the Tenant should Tenant breach any of the terms and conditions of this Lease. In the event of default, by Tenant, of any obligation in this Lease which is not cured by Tenant within fifteen (15) days notice from Landlord, then in addition to forfeiture of the Security Deposit, Landlord may pursue any other remedy available at law, equity or otherwise.
21. ABANDONMENT.
If at any time during the term of this Lease, Tenant abandons the House or any of Tenant’s personal property in or about the House, Landlord shall have the following rights: Landlord may, at Landlord’s option, enter the House by any means without liability to Tenant for damages and may relet the House, for the whole or any part of the then unexpired term, and may receive and collect all rent payable by virtue of such reletting; Also, at Landlord’s option, Landlord may hold Tenant liable for any difference between the rent that would have been payable under this Lease during the balance of the unexpired term, if this Lease had continued in force, and the net rent for such period realized by Landlord by means of such reletting. Landlord may also dispose of any of Tenant’s abandoned personal property as Landlord deems appropriate, without liability to Tenant.
22. VIOLATING LAWS AND CAUSING DISTURBANCES
Tenant is entitled to quiet enjoyment of the premises. Tenant and guests or invitees will not use the premises or adjacent areas in such a way as to: (1) violate any law or ordinance, including laws prohibiting the use, possession or sale of illegal drugs; (2) commit waste (severe property damage); or (3) create a nuisance by annoying, disturbing, inconveniencing or interfering with the quiet enjoyment and peace and quiet of any other tenant or nearby resident. (4) the tenant shall not arrange any parties during their stay, (5) the tenant and guests shall not use tobacco inside the house, and without consent of the landlord shall use tobacco otside the house as well, (6) The Landlord shall not be held responsible for any alcohol/drug related injuries/deaths caused by tenant or tenant’s guest drinking, and no one under the age of 21 shall be allowed to consume alcohol in or around the house.
23. SECURITY.
Tenant acknowledges that although Landlord does provide a security alarm system for the House or for Tenant, that such alarm system is not represented or warranted to be complete in all respects or to protect Tenant from all harm. Tenant hereby releases Landlord from any loss, suit, claim, charge, damage or injury resulting from lack of security or failure of security. Tenant also acknowledges that Landlord is providing only the alarm system. Central station monitoring if desired will be at Tenants option and expense.
24. GROUNDS FOR TERMINATION OF TENANCY
The failure of Tenant or Tenant’s guests or invitees to comply with any term of this Agreement, or the misrepresentation of
any material fact on Tenant’s Rental Application, are grounds for termination of the tenancy, with appropriate notice to
tenants and procedures as required by law.
25. KEYS.
The Tenant will be given a key to the Premise. If all keys are not returned to the Landlord at the end of the Lease, the Tenant shall be charged $2.00 per key.
26. SEVERABILITY.
If any part or parts of this Lease shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect.
27. INSURANCE.
A. Tenant acknowledges that Landlord will not provide insurance coverage for Tenant’s property, nor shall Landlord be responsible for any loss of Tenant’s property, whether by theft, fire, acts of God, or otherwise.
B. Tenant acknowledges that Landlord will not be held responsible for any injuries/deaths suffered on, around, or neaby the house to tenant or guests.
28. BINDING EFFECT.
The covenants and conditions contained in the Lease shall apply to and bind the heirs, legal representatives, and assigns of the parties.
29. GOVERNING LAW.
It is agreed that this Lease shall be governed by, construed, and enforced in accordance with the laws of the State of California.
30. ENTIRE AGREEMENT.
This Lease shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this Lease is hereby superseded. This Lease may be modified only by a writing signed by both Landlord and Tenant.
31. TERMINATION UPON SALE OF PREMISES.
Notwithstanding any other provision of this Lease, Landlord may terminate this lease upon sixty (60) days' written notice to Tenant that the Premises have been sold.
32. NOTICES.
Any notice required or otherwise given pursuant to this Lease shall be in writing; hand delivered, mailed certified return receipt requested, postage prepaid, or delivered by recognized overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for payment of rent.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed the day and year first above written.
______________________________ ____________________________
 

awptickes

unimpressed by you
VIP
Landlord reserves the right to deny access or use of the house to any person
-You've got no leg to stand on about your girlfriend.

This Lease may be modified only by a writing signed by both Landlord and Tenant
-Do his emails have a signature block? A response with an email with your signature block could be considered agreement, and digitally signed.

Tenant acknowledges that Landlord will not provide insurance coverage for Tenant’s property, nor shall Landlord be responsible for any loss of Tenant’s property, whether by theft, fire, acts of God, or otherwise
-Acting in good faith, this applies to the Landlord's property as well, since technically he's a tennant as well. Meaning, you are not liable for damage, or theft of his property. However, I would check your room for anytyhing of his that he claims is missing, because it could get dirty quickly.

Landlord agrees that on paying the rent and performing the obligations contained in this Lease, Landlord will not interfere with Tenant’s peaceful use and enjoyment of the House, providing that this does not in anyway damage the house. And with these enjoyments the tenant agrees to observe the following quiet hours of 12:00AM to 12:00PM Sunday through Thursday
-If you can prove he violated this, it should give you some leverage. Pictures with time-date stamps are pretty solid proof. Also, any noise complaints to the police as well.

Any notice required or otherwise given pursuant to this Lease shall be in writing; hand delivered, mailed certified return receipt requested, postage prepaid, or delivered by recognized overnight delivery service, if to Tenant, at the House and if to Landlord, at the address for payment of rent.
-There's your sticking point. He emailed you, and didn't deilver it in persuant to the terms of the lease, and the changes to the lease cannot be binding.


It looks like you've got some traction, should things go even more sour. But don't count on it. I'd check into the eviction laws in California. Should be something like 30 days.
 

nootrac22

Well-Known Member
VIP
best advice to give is to find another place and talk to an attorney if one is available to you. Cali has a lot of tennant rights and some not for profit groups to help tennants in disputes such as these. That being said, no one wants to live somewhere that they are uncomfortable. So I would find out from someone (with the proper knowledge) if I could get out of the lease, and if I was owed compensation for the landlord breaking the lease, and I would move out as quickly as possible.

Also you might want to concider putting a new keyed lock on your door. Keep in mind as a tennant you do have rights.
 

nootrac22

Well-Known Member
VIP
california tenant rights - Google Search

Tenant Rights, Laws and Protections: California

Landlord/Tenant Book Index - California Department of Consumer Affairs

Posting and mailing - If the landlord can't serve the notice on you personally or by substituted service, the notice can be served by taping or tacking a copy to the rental unit in a conspicuous place (such as the front door of the rental unit) and by mailing another copy to you at the rental unit's address.260 (This service method is commonly called "posting and mailing" or "nailing and mailing.")
Service of the notice is not complete until the copy of the notice has been mailed. The three-day period begins the day after the notice was posted and mailed.261

just by posting it on your door does not constitute "service", so unless you get something in the mail what he did has no legal standing. Also there is no mention of a 15 day notice.


The court-administered eviction process assures the tenant of the right to a court hearing if the tenant believes that the landlord has no right to evict the tenant. The landlord must use this court process to evict the tenant; the landlord cannot use self-help measures to force the tenant to move. For example, the landlord cannot physically remove or lock out the tenant, cut off utilities such as water or electricity, remove outside windows or doors, or seize (take) the tenant's belongings in order to carry out the eviction. The landlord must use the court procedures.
If the landlord uses unlawful methods to evict a tenant, the landlord may be subject to liability for the tenant's damages, as well as penalties of up to $100 per day for the time that the landlord used the unlawful methods.265

<H4>TALK WITH YOUR LANDLORD
Communication is the key to avoiding and resolving problems. If you have a problem with your rental unit, it's usually best to talk with your landlord before taking other action. Your landlord may be willing to correct the problem or to work out a solution. By the same token, the landlord (or the landlord's agent or manager) should discuss problems with the tenant before taking formal action. The tenant may be willing to correct the problem once he or she understands the landlord's concerns. Both parties should bear in mind that each has the duty to deal with the other fairly and in good faith (see Landlord's and tenant's duty of good faith and fair dealing).
If discussing the problem with the landlord doesn't solve it, and if the problem is the landlord's responsibility (see Dealing with Problems), you should write a letter or send an e-mail to the landlord. The letter or e-mail should describe the problem, its effect on you, how long the problem has existed, what you may have done to remedy the problem or limit its effect, and what you would like the landlord to do. You should keep a copy of this letter or e-mail.
If you have been dealing with an agent of the landlord, such as a property manager, you may want to directly contact the owner of the rental unit. The name, address and telephone number of the owner and the property manager, or the person who is authorized to receive legal notices for the owner, must be written in your rental agreement (or lease) or posted conspicuously in the building.301 You can also contact your County Assessor's Office for this information.
If you don't hear from the landlord after you send the letter or e-mail, or if the landlord disagrees with your complaint, you may need to use one of the tenant remedies that are discussed in this booklet (such as the repair and deduct remedy, see Having Repairs Made), or obtain legal assistance. The length of time that you should wait for the landlord to act depends on the seriousness of the problem. Normally, 30 days is considered appropriate unless the problem is extremely serious.
REMEMBER: The landlord and the tenant discussing problems with each other can prevent little problems from becoming big ones. Trying to work out problems benefits everybody. Sometimes, it's helpful to involve someone else, such as a mutual friend or a trained arbitrator or mediator (see below). If the problem truly cannot be resolved by discussion, negotiation, and acceptable compromise, then each party can look to the remedies provided by the law
GETTING HELP FROM A THIRD PARTY

Many resources are available to help tenants and landlords resolve problems. Check which of the following agencies are available in your area, and call or write them for information or assistance:
  • Local consumer protection agency. See the City and County Government listings in the white pages of the phone book.
  • Local housing agency. See the City and County Government listings in the white pages of the phone book.
  • Local district attorney's office. See the County Government listings in the white pages of the phone book.
  • City or county rent control board. See the City and County Government listings in the white pages of the phone book.
  • Local tenant association, or rental housing or apartment association. Check the white (business) and yellow pages in the phone book.
  • Local dispute resolution program. To order a county-by-county list, see Appendix 4.
  • Local tenant information and assistance resources. See Appendix 3.
You may also obtain information from the California Department of Consumer Affairs' Consumer Information Center at 1-800-952-5210 (1-916-445-1254 for Sacramento area calls). For TDD, call 1-916-322-1700. You can also visit the Department of Consumer Affairs' Web site at www.dca.ca.gov.
Many county bar associations offer lawyer referral services and volunteer attorney programs which can help a tenant locate a low-fee or free attorney. Legal aid organizations may provide eviction defense service to low-income tenants. Some law schools offer free advice and assistance through landlord-tenant clinics.
Tenants should be cautious about using so-called eviction defense clinics or bankruptcy clinics. While some of these clinics may be legitimate and provide good service, others are not legitimate. Some of these clinics may use high-pressure sales tactics, make false promises, obtain your signature on blank forms, take your money, and then do nothing.
These clinics may promise to get a federal stay (also called an automatic stay)of an eviction action. This usually means that the clinic intends to file a bankruptcy petition for the tenant. (See "The Eviction Process, A word about bankruptcy".)While this may stop the eviction temporarily, it can have an extremely bad effect on the tenant's future ability to rent property or to obtain credit, since the bankruptcy will be part of the tenant's credit record for as long as 10 years.
"Unlawful detainer assistants" are non-lawyers who are in business to provide advice and assistance to landlords and tenants on unlawful detainer issues. Unlawful detainer assistants (UDAs) must be registered with the County Clerk's office in the counties where they have their principal place of business and where they do business.302 A tenant who signs a contract with a UDA can cancel the contract within 24 hours after signing it.303
"Legal document assistants" (LDAs) are non-lawyers who type and file legal documents as directed by people who are representing themselves in legal matters. Similar registration and contract cancellation requirements apply to legal document assistants. 304
The fact that a UDA or LDA is properly registered with the County Clerk does not guarantee that the UDA or LDA has the knowledge or ability to help you
</H4>
 

E_SolSi

Member of the 20 nut club
Moderator
VIP
after reading all of that i really cant see any reason why you should want to stay there a minute longer than you have to
i also see no reason that you shouldn't top shelf that mother fucker before you go
 

Dustin_m

Member
I've been referred to a good lawyer, and will be talking to him today.

I do plan to sue for every fucking penny I can in small claims. His lease has a shit load of errors, and many of the clauses actually violate CA law. Also, about my gf, theres a possibility that he may not be able to enforce that. first off, he has no proof of it happening. second, I "own" that room while paying rent, and I don't think that he can legally tell me that I can't have anyone else there. He could say that no one can use the utilities, more than likely, but I don't think he can regulate what I do in my room as long as it's not illegal. The other thing is that he is throwing out all of these issues now, after I brought up that he has breached the covenant of quiet enjoyment. This makes it suspicious that these claims against me without any valid proof are just retaliatory, which is illegal for him to do.

I'm finding another place at the moment. between working full time and getting close to finishing the semester, this really isn't the best time to move, so I'm trying to make it work for me as much as possible.

As of right now, I leave for work @ 7am, drive an hour, work till 5pm, dirve an hour "home", shit, shower, shave, eat, finally start homework around 8-9pm, work on it till 2 or 3am, get to bed, then repeat. I literally have almost no time to move, gonna have to give up sleep for a day or two because I can't afford to compromise school or work.
 

reckedracing

TTIWWOP
VIP
seems you're letting this situation get out of control

keep your cool till your semester is over

you don't have any case for rent paid etc
you don't even have a case about the pans cause you have no proof who scratched your shit
and is it even worth it after getting a lawyer etc? i think you'd be laughed out of court

just play it cool until he tries to evict you
hopefully it will be after your semester ends

wait it out
let him stew, or perhaps try to encourage a breakup with the new gf or wait till she dumps his

if i were in his situation and a tenant tried telling me i couldn't have a girl living in MY HOUSE, i would tell them to stfu or gtfo. it is still his home, even if you are paying the mortgage for him.
 

get_nick

These snozzberries taste like snozzberries...
VIP
what are you going to sue for? illegal eviction? big fucking deal.

move out and move on. shit, get a place with the gf if you have to.

i learned this in while i was in the air force. roommates fucking suck donkey dick. if you can't afford a place on your own because of school, thats one thing. but the second you get money, get your own fucking place.

roommates have ate my food, worn my clothes, drank my liquor, and fucked my girlfriend (after we broke up though). I fucking hate having a roommate, unless it's a gf.
 

Dustin_m

Member
seems you're letting this situation get out of control

keep your cool till your semester is over

you don't have any case for rent paid etc
you don't even have a case about the pans cause you have no proof who scratched your shit
and is it even worth it after getting a lawyer etc? i think you'd be laughed out of court

just play it cool until he tries to evict you
hopefully it will be after your semester ends

wait it out
let him stew, or perhaps try to encourage a breakup with the new gf or wait till she dumps his

if i were in his situation and a tenant tried telling me i couldn't have a girl living in MY HOUSE, i would tell them to stfu or gtfo. it is still his home, even if you are paying the mortgage for him.
I'm not going to put down some bullshit like the pans or any of that. I was merely making a point. I'm not going to go in asking for shit I have no proof of, it's stupid, and yes I agree that I would be laughed out of court. Mainly, I want out of the lease, and a guarantee that he is voiding that lease between us. Hopefully talking to this lawyer will give me some specifics that I can reference to in a letter to him. I plan to propose making an agreement to end the lease early. If he then tries to refuse that, then yea, i will take the time to go to court. Under the law, if I feel like quiet enjoyment has been breached, I can abandon the unit immediately and take it up in court, but it can go either way. That's the reason I'm gonna talk to the lawyer, and see if I have a case for anything. A couple friends I have talked to who are attorneys have said that I do have a case, but referred me to someone who has more experience in property law.

Basically I just want to move the fuck out, and I plan to either way, just trying to cover my ass from getting sued for the lease. I'm not trying to slap some ridiculous lawsuit on him to make some cash. If it turns out that I have absolutely no ground to stand on, then my last resort is to be the worst fucking tenant in his life, and make him beg me to move out early. as for the gf, she gets there before him most days, so i have a few choice words i'm gonna throw out when she's around. if its just me and her, no proof i said shit.

I want to make that bitch either start crying or make her feel so uncomfortable there that she wont want to be there.

Oh, another thing. The reason I am really pissed about all this shit is that I had already planned to move u to central cali in the late summer for school up there. I am moving there either way, and had planned to have a stable place until then, now this dude is pulling this shit. Thats the only reason I am going to attempt to recoup moving costs, because had this not happened I wouldn't have had to relocate somewhere else short term like this.
 
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