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If your roommate isn't the landlord, keep in mind that some leases basically require you to live there for the duration (ostensibly to prevent non-residential/weird use of the space), not to mention the fact that you'll likely have to pay rent through the duration of your lease. If your roommate tries to boot you out and you choose to move, you may have a significant financial obligation to the real landlord even after leaving. One of those tenant associations mentioned previously can give you an idea if that's a real thing in your case. IANAL, but I've rented from some lovely landlords so I've learned to stick to the letter of my lease whenever humanly possible. It prevents surprises.
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Jul 31, 2014 04:15
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Moon Prism posted:I am very very suddenly being evicted by my roommate. Literally no warning. I was given a Notice To Quit today. I live in Michigan. Your roommate cannot touch you or your property absent a court order. If they do touch you or touch your stuff, call the police. Seriously, call the popo if that happens.
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Jul 31, 2014 04:42
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I get that I live somewhere with better than average tenant rights, but holy poo poo if you can have your lease terminated when it ends just because the landlord feels like it.
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Jul 31, 2014 04:50
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EAT THE EGGS RICOLA posted:I get that I live somewhere with better than average tenant rights, but holy poo poo if you can have your lease terminated when it ends just because the landlord feels like it. Mostly what this is about is pricing. If a landlord is in a lean year in a growing city, or suddenly has a vacancy during the off season, they will very much be willing to rent that space out at a discount. Giving tenants the unbreakable right to stay at whatever price they initially agreed to means that the landlord will potentially be giving said discount for decades, so instead they'll leave the unit vacant until the market goes up. That's not good for anyone.
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Jul 31, 2014 05:23
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Moon Prism posted:I am very very suddenly being evicted by my roommate. Literally no warning. I was given a Notice To Quit today. I live in Michigan. Anywhere, absent a breach of the lease, you're entitled to stay for the duration of your lease term. 1) when is your lease actually up? 2) who do you make your rent checks out to? Also, many apartment complexes don't allow pure subletting. They tend to have each tenant a separate and jointly and severally liable tenant with the complex. I would be surprised if this is not the case for you u, as you went and signed at the office - but like everyone else has said: go up there and get a copy.
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Jul 31, 2014 05:25
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EAT THE EGGS RICOLA posted:I get that I live somewhere with better than average tenant rights, but holy poo poo if you can have your lease terminated when it ends just because the landlord feels like it. I'm guessing California, or New Jersey.
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Jul 31, 2014 05:27
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ShadowHawk posted:Is this really so wrong? If you've been a good tenant most landlords will be happy to renew (or even move you to a month to month thing). Rent can be increased to match inflation. The landlord can also evict in a bunch of circumstances, including if they or their immediate family will take over the house/apartment. I guess I don't really give a poo poo if landlords don't plan properly and want to rely on just having a temporary tenant in a lean year that they intend to gently caress over as soon as the market turns in their favour? blarzgh posted:I'm guessing California, or New Jersey. Ontario.
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Jul 31, 2014 05:36
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EAT THE EGGS RICOLA posted:Rent can be increased to match inflation. The landlord can also evict in a bunch of circumstances, including if they or their immediate family will take over the house/apartment. Do you really want to create an incentive situation where landlords face additional risk from lowering their prices when the economy takes a downturn? Or where landlords can profit significantly from discriminating between tenants who are more likely to be temporary? quote:I guess I don't really give a poo poo if landlords don't plan properly and want to rely on just having a temporary tenant in a lean year that they intend to gently caress over as soon as the market turns in their favour?
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Jul 31, 2014 05:50
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spog posted:Big corporations are staffed by people. You know, morons. You're right, and the way the actual policy is written makes me think it was just some dude in my department who put it together rather than someone from legal or even HR. (Also includes spelling mistakes, though not on the clause in question.) quote:If they want to make a claim, ask that they do it in writing. either it will scare them off, or they'll give you something that will back up your side of the arguement. Win-win for you. Yup, this is now my plan. Thanks! quote:That would be the Citizens Advice Bureau: http://www.citizensadvice.org.uk/ Woops... I guess at least I'm glad I haven't had to consult them before.
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Jul 31, 2014 07:55
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EAT THE EGGS RICOLA posted:Rent can be increased to match inflation. The landlord can also evict in a bunch of circumstances, including if they or their immediate family will take over the house/apartment. It is weirder that you don't think someone that owns property shouldn't have the ability to ask someone to leave after their lease ends. A lease is just a contract, once the terms are fulfilled nobody is under further obligations to each other. You don't have to stay here anymore, and I don't have to let you stay here anymore. Why is that weird? Why should the tenant have sole discretion?
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Jul 31, 2014 12:59
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AlbieQuirky fucked around with this message at 19:02 on Jul 31, 2014 |
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Jul 31, 2014 18:56
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AlbieQuirky posted:
Yeah, Ontario is pretty generous to tenants. After a fixed lease, it is automatically moved to month-to-month (unless the tenant wants to sign a new lease). The landlord can't end the tenancy unless its for one of a list of reasons, so they can't boot you out just to rent to someone else (unless it's an immediate family member), and even then the notice period is fairly long.
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Jul 31, 2014 20:38
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Quebec doesn't even do month-to-month, if your lease laps it renews for the term of the original lease (Usually one year). You also need to give three months notice if you intend not to renew, which... Yeah.
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Jul 31, 2014 21:11
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Holy poo poo. Here, the TENANT has to give notice that they will move out, otherwise the landlord gets to force them to hold over for a month at a time. Or to evict them. Whichever is more fun.
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Jul 31, 2014 22:55
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There are no landlords or tenants where I live, only Zuul.
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Jul 31, 2014 23:02
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AlbieQuirky posted:
The landlord also requires a valid reason, it can't just be that they want a new tenant.
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Aug 1, 2014 02:09
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Yeah gently caress you property rights.
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Aug 1, 2014 02:22
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I'm very glad that America's northern borders are holding strong against this socialism! It would be terrible if tenants had rights and stuff.
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Aug 1, 2014 02:29
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If you want rights buy some land, serf.
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Aug 1, 2014 02:31
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I'm in Ohio. Roommate booked it with my TV, printer, PS3, and some blu-rays.Called the cops and they tried telling me it was a civil matter since it was "communal property" due to us living together. We were not married or intimate in any way, and in fact I even bought the TV before we ever lived together. Wtf do I do? I don't want to deal with court, I just want my poo poo back.
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Aug 1, 2014 02:50
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What did your ex-roommate say when you told him you were going to call the police?
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Aug 1, 2014 02:59
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EAT THE EGGS RICOLA posted:What did your ex-roommate say when you told him you were going to call the police? Trying to say I sold it to her which I most certainly did not. I've got receipts for everything but we didn't even get that far because as soon as the cop heard "roommate" he used the civil bullshit.
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Aug 1, 2014 03:24
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astrollinthepork posted:I'm in Ohio. Cop is wrong unless your state is hosed up. Call his sgt. Squeaky wheel gets the grease.
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Aug 1, 2014 04:35
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nm posted:Cop is wrong unless your state is hosed up. Call his sgt. Squeaky wheel gets the grease. Oh I know he is wrong but if I call I'm just gonna hear the same bullshit. I actually interned for this department a few years ago. I'd like to have a specific Ohio law to cite if possible, I can't find anything. I told the guy to look at the ORC under theft and asked him to bring his book out so I can show him the relevant entries. He was being a dick so I just walked away and went inside before I got arrested for DOC. poo poo's pretty cut and dry. astrollinthepork fucked around with this message at 05:23 on Aug 1, 2014 |
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Aug 1, 2014 05:20
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I work in the landlord/tenant division of a courthouse in Michigan. A roommate can evict their roommate even if they are not the landlord. A landlord can give somebody a 30 day notice to evict for any reason. You cannot be evicted without going in front of a judge though, the notice just means that if you don't leave they will take you to court. Which is about 7-10 days from when they file. And the judge more often than not will give you more time at that point.
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Aug 1, 2014 20:08
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Bookish posted:I work in the landlord/tenant division of a courthouse in Michigan. A roommate can evict their roommate even if they are not the landlord. A landlord can give somebody a 30 day notice to evict for any reason.
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Aug 1, 2014 20:15
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The best is in a divorce when I evict the husband from his house. They love that.
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Aug 1, 2014 20:18
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Thanatosian posted:How the hell does that work? Is it, like, whoever files first gets to evict the other one? What if it's 2 against 1, and the 1 files first? When you go to regular court, you prove up the wrong that was done to you, you prove up the $$damage$$ that it caused you, and you get a judgment for money. When you go to Eviction Court, you prove your right to possess the property, your right to dispossess the party you're trying to kick out of the property, and if you succeed you get a "Writ of Entry and Detainer" instead of a "judgement." They're called other things around the country, but the gist here is that the relief you get is a piece of paper that you give to the Cops that they can use to haul people out of your house. Whoever proves the things they have to prove will get their Writ. Regardless of when they filed.
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Aug 1, 2014 21:37
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blarzgh posted:When you go to regular court, you prove up the wrong that was done to you, you prove up the $$damage$$ that it caused you, and you get a judgment for money.
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Aug 1, 2014 21:49
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Thanatosian posted:What sort of stuff do they take into account? Like, my roommates never clean up after themselves; is that enough to evict them, even though they lived here before I did? Or does it have to be something with clear damages? Is this more of an equity thing than a legal thing? It has to be a lease violation. The written lease controls, but some things will be construed as not being a part of the written lease but implied. Today I had a trial on whether a dog being out of a car for thirty seconds is a lease violation. Honest to god the judge took it under advisement.
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Aug 2, 2014 01:41
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astrollinthepork posted:Oh I know he is wrong but if I call I'm just gonna hear the same bullshit. I actually interned for this department a few years ago. I'd like to have a specific Ohio law to cite if possible. Anybody?
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Aug 2, 2014 01:59
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I don't know anything about Ohio, but you can probably find the code online and search it for theft.
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Aug 2, 2014 02:28
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the milk machine posted:I don't know anything about Ohio, but you can probably find the code online and search it for theft. Well I already know that by heart due to school. But I had no luck telling the cop that he just went on about communal property and poo poo. I've had NO luck in my research in that. Probably because no law exists determining property rights between loving roommates. astrollinthepork fucked around with this message at 02:48 on Aug 2, 2014 |
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Aug 2, 2014 02:30
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Are you really hoping to coax a cop into doing something based on your sweet knowledge of some particular law?
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Aug 2, 2014 02:34
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astrollinthepork posted:Probably because no law exists determining property rights between loving roommates. That's definitely not true. There may not be a statue, but there are all kinds of rules about property, none of which I remember anymore. But that's a civil, not criminal issue. That's why the cops are telling you it's a civil matter, as it doesn't sound like we're talking about just some random roommate here. If some random roommate you don't even know straight up stole your stuff, then the cop is wrong and you'll have to be a pain. the milk machine fucked around with this message at 02:43 on Aug 2, 2014 |
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Aug 2, 2014 02:41
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Bad Munki posted:Are you really hoping to coax a cop into doing something based on your sweet knowledge of some particular law? Knowledge of the ORC and police procedures in particular. What I want to do is make a stink out of the "well it's a civil dispute" when it is clearly not. He brought up bullshit about it being communal property since we were roommates. I would like to find information regarding that in Ohio so I can go up the ladder at the department until I get some results. the milk machine posted:That's why the cops are telling you it's a civil matter, as it doesn't sound like we're talking about just some random roommate here.
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Aug 2, 2014 02:43
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astrollinthepork posted:Knowledge of the ORC and police procedures in particular. Its not cut and dry theft, and Its not a law somewhere that you're going to find that will solve your issue. Your issue here is that there are two people claiming equal rights to pieces of property. The cop doesn't know that, but he has seen enough situations like yours to anticipate it. What's going to happen if they find her and question her? she's going to say exactly what the cop is telling you, that she has a right to the property, and that is a civil matter. Imagine this from the other point of view. What if you actually had sold the property to her, and you call the cops and lie, telling them she stole it. The cops show up and discover that they chased down a lead and opened an investigation for nothing. It's not a crime every time someone is wrong about who owns what. I'm not saying it's right, or fair. I'm just saying it's the way it is. Your only hope is to keep trying with them and be very clear about the fact that she still the items. Or, quit being a cheap rear end and trying to use the police to get your stuff back, and just go to small claims court yourself. Its like 60 bucks to file where I live. It can't be that much more for you.
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Aug 2, 2014 04:00
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Thanatosian posted:What sort of stuff do they take into account? Like, my roommates never clean up after themselves; is that enough to evict them, even though they lived here before I did? Or does it have to be something with clear damages? Is this more of an equity thing than a legal thing? The functional way it works, is it you scour the lease for every term contained therein. That means you look at every obligation that each party has under lease. For example, the responsibility to pay rent, the responsibility keep the premises clean, the responsibility to not have a pet. Then, you show the lease to the judge, and you say "look, under the terms of the lease the other side was required to do X. The other side fail to do X. The other side has breached the lease. Therefore their right of possession of the premises has ended, under the terms of the lease." then you present evidence to substantiate your claims. America no longer has courts of equity . Every claim did you seek to enforce has to be written down somewhere, basically.
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Aug 2, 2014 04:07
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astrollinthepork posted:Well she sure as hell wasn't my wife nor were we in any sort of intimate relationship whatsoever. I've got proof of ownership so it's pretty cut and dry theft. Also, I'm just guessing, but it sounds to me like you're confusing communal property with community property. Community property being the kind of property thats owned equally amongst husband and wife, and communal property that property thats shared amongst roommates. Again, I'm only speculating, but I get the impression that when the cop says its communal property, what he is envisioning is the scenario where two girls go to Ikea and buy a new couch together for their shared apartment, and then when one of them moves out and takes the couch, than the other one starts saying she 'stole it'.
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Aug 2, 2014 04:13
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blarzgh posted:America no longer has courts of equity . This is not really true. More accurately, most* court systems have merged law and equity. *Georgia has multiple (magistrate, state) courts that cannot handle equity at all; if you need equity, you have to go to the superior court. And all equitable appeals go straight to the Supreme Court, bypassing the Court of Appeals. As a result, Georgia's concept of what is a legal remedy is broader than most states'. GA Constitution, Article VI, Section IV, Paragraph I posted:The superior courts shall have jurisdiction in all cases, except as otherwise provided in this Constitution. They shall have exclusive jurisdiction over trials in felony cases, except in the case of juvenile offenders as provided by law; in cases respecting title to land; in divorce cases; and in equity cases. ulmont fucked around with this message at 05:10 on Aug 2, 2014 |
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Aug 2, 2014 05:06
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