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  1. #1

    what are my rights

    long story iv been renting a room from a person in florida and we had a lease this person is now short selling their home and told me i could stay the last month rent free due to them owing me a last months anyhow now they are going crazy and causing me all kinds of stress i cant move atm and i have until the 24th to move but now they are trying to renig what they told me they are now verbally harassing me and doing things to make my time harder. My question is do i have a leg to stand on and what can i do to stop the bullshit

  2. #2
    Your contract should say how long your notice period is. I don't know how it is in the US, but here in Germany it is at least 3 months, and can go up from that depending how long the tenant has been living there.
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  3. #3
    Deleted
    Usualy you have 4-8 weeks before they can just put you outside. Depends on your contract.

  4. #4
    Does America not have something like the citizens advice bureau? Places like that should always be your first port of call when you are unsure of your rights, because it is their job to ensure you know them and what you are entitled to.
    Last edited by Jeleh; 2013-05-07 at 11:40 AM.

  5. #5
    Depends on the state and the contract.

    But if the home is being short-sold that means they are facing forclosure and likely broke. So basically all you could really do is take them to court and sue them...but chances are they have nothing to take or else their home wouldn't be in a short sale.

    So probably best just to move out asap. Sucks, but it's probably the truth.

  6. #6
    Can't really renege on something like that.

    Unless the house is actually sold you can't be kicked out.

  7. #7
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    It really all depends on the rental laws in the area you live in. You could try contacting a lawyer and finding out what your options are, but generally, it takes about 90 days for them to go through the proper eviction process which is what it seems you should force them to do.
    when all else fails, read the STICKIES.

  8. #8
    Your lease contract should say. Beyond that, it'll depend on the state. The states that I've done real estate work in generally have a 30-day period for eviction notices, and in practice it's very difficult to evict someone even that quickly.

    On the other hand, why don't you just move? Dealing with someone that doesn't want you living there is more difficult than packing some things up.

  9. #9
    Merely a Setback Reeve's Avatar
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    Quote Originally Posted by Flatspriest View Post
    It really all depends on the rental laws in the area you live in. You could try contacting a lawyer and finding out what your options are, but generally, it takes about 90 days for them to go through the proper eviction process which is what it seems you should force them to do.
    Absolutely do NOT force them to evict you. An eviction goes on your record and makes it much harder to get future apartments.
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  10. #10
    Quote Originally Posted by Reeve View Post
    Absolutely do NOT force them to evict you. An eviction goes on your record and makes it much harder to get future apartments.
    This is correct... and make no mistake, they can evict you. Living somewhere doesn't make it your property.

  11. #11
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    Quote Originally Posted by Lenarific View Post
    long story iv been renting a room from a person in florida and we had a lease this person is now short selling their home and told me i could stay the last month rent free due to them owing me a last months anyhow now they are going crazy and causing me all kinds of stress i cant move atm and i have until the 24th to move but now they are trying to renig what they told me they are now verbally harassing me and doing things to make my time harder. My question is do i have a leg to stand on and what can i do to stop the bullshit
    Legally you can drag the process out for months if not a year or so.

    ---------- Post added 2013-05-07 at 09:23 AM ----------

    Quote Originally Posted by Spectral View Post
    On the other hand, why don't you just move? Dealing with someone that doesn't want you living there is more difficult than packing some things up.
    And go where? It's not as easy as you make it sound, and it involves a lot more than just packing his stuff up.

  12. #12
    Quote Originally Posted by Baar View Post
    Legally you can drag the process out for months if not a year or so.
    Only if the landlord doesn't know what they're doing.

    Quote Originally Posted by Baar View Post
    And go where? It's not as easy as you make it sound, and it involves a lot more than just packing his stuff up.
    Apartments are pretty easy to find. You go shopping, find one you like, pay them first month and a deposit, and move in. This isn't exactly rocket surgery, let's not dramatize the situation.

  13. #13
    Quote Originally Posted by Spectral View Post
    Apartments are pretty easy to find. You go shopping, find one you like, pay them first month and a deposit, and move in. This isn't exactly rocket surgery, let's not dramatize the situation.
    Depends hugely on where you live. Two examples come to mind: San Francisco and a college town near the beginning of an academic term.

  14. #14
    Quote Originally Posted by MC ALPACA FLAYME View Post
    Depends hugely on where you live. Two examples come to mind: San Francisco and a college town near the beginning of an academic term.
    There's plenty in San Francisco (assuming you're willing to pay the insane prices of living in the bay area): http://sfbay.craigslist.org/apa/

    I live in an area that would be generally considered to be something near saturated in terms of residents (DC area), and it's still very easy to find an apartment on short notice. I suppose you can't be as picky as you might like to be, but it's really not that big of a deal. The whole, "I have nowhere to go!" thing is just melodrama.

  15. #15
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    Quote Originally Posted by Themius View Post
    Can't really renege on something like that.

    Unless the house is actually sold you can't be kicked out.
    If you have a legal lease contract, you can't be kicked out, even if the property changes owners.
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  16. #16
    Forking over two or three times what you can actually afford just for the sake of a quick move could be really hurtful in the long run if something doesn't open up quickly. Another thing to consider is competition. In my area, it gets insanely competitive to find a place to live around fall. Expect to have a credit check regardless of age. It's even worse in the bay area.

  17. #17
    Quote Originally Posted by MC ALPACA FLAYME View Post
    Forking over two or three times what you can actually afford just for the sake of a quick move could be really hurtful in the long run if something doesn't open up quickly.
    I've never heard of someone paying ~$4,500/month for what should be a $1,500/month apartment. If someone's sufficiently dim that they're not able to do even a remotely competent apartment shopping job, my sympathies for them are going to be pretty lacking.

    Quote Originally Posted by MC ALPACA FLAYME View Post
    Another thing to consider is competition. In my area, it gets insanely competitive to find a place to live around fall. Expect to have a credit check regardless of age. It's even worse in the bay area.
    Well, of course there's going to be a credit check with any semi-reputable establishment. This should work as an advantage for responsible people though.

    edit - Besides, the OP lives in Florida. With their present housing market, it's not going to be difficult to find a cheap place.

  18. #18
    Merely a Setback Reeve's Avatar
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    Quote Originally Posted by Spectral View Post
    Well, of course there's going to be a credit check with any semi-reputable establishment. This should work as an advantage for responsible people though.
    And to the disadvantage of anyone silly enough to have fought a landlord through an eviction.
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  19. #19
    Quote Originally Posted by Reeve View Post
    And to the disadvantage of anyone silly enough to have fought a landlord through an eviction.
    Hence why I think the OP should strongly consider packing up and getting out rather than insisting on asserting their what their putative rights are. Sure, you might be legally entitled to stay for a bit of extra time, but there's nothing really in it for you to live with the hammer of eviction hanging over your head, doing battle with the person that owns the place you live in. Finding a decent place basically amounts to spending a day or two shopping, a day or two packing, and then getting out... that seems obviously better to me.

  20. #20
    Merely a Setback Reeve's Avatar
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    Quote Originally Posted by Spectral View Post
    Hence why I think the OP should strongly consider packing up and getting out rather than insisting on asserting their what their putative rights are. Sure, you might be legally entitled to stay for a bit of extra time, but there's nothing really in it for you to live with the hammer of eviction hanging over your head, doing battle with the person that owns the place you live in. Finding a decent place basically amounts to spending a day or two shopping, a day or two packing, and then getting out... that seems obviously better to me.
    Oh yeah I totally agree. Much better just to leave.
    'Twas a cutlass swipe or an ounce of lead
    Or a yawing hole in a battered head
    And the scuppers clogged with rotting red
    And there they lay I damn me eyes
    All lookouts clapped on Paradise
    All souls bound just contrarywise, yo ho ho and a bottle of rum!

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