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#1 KarrieH88

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Posted 24 February 2013 - 06:05 AM

Ok.... I moved in with my brother-in-law after I had my daughter in November. I was paying him half rent wich was $150 in cash. When I asked about the lease and if he had spoken with them he continued to lie to me. I took it upone myself to call the landlord cause I didn't want to be out on my butt with a newborn child. Turns out I was added to the lease as of Feb 1st. When I spoke to the landlord she had informed me that he was over $1,000 behind on rent!!!! I was furious...and confronted him cause I was paying for my half and he was working. So I thought.... I'm a single mother that lives off of a fixed income from the state and I can't be messing around with my address and all that crazy stuff. I confronted him about all the back due rent and he denied it. I let it be for about a week. My boyfriend was also mad cause it's his brother and I'm living there with his daughter and so on. They got into an altercation and my brother in law told me that I had to leave. I left for the safty of my child and myslef. Now my question is, will I be told to find a place to live cause I'm second on the lease or will he be told to find somewhere else to go cause he owes so much back rent and I don't. The landlord told me that in order to save my butt from eviction of the apartment I have to pay her $445. I have no problem with that. This all happend this weekend and I have already called the landlord and left a message about the altercation and that I was no longer going to be living there until he is gone or she can get me a different apartment. Did I do the right thing or am I just walking into a loosing battle?

#2 adjusterjack

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Posted 24 February 2013 - 09:08 AM

First of all, I don't think you are "on the lease." In order to be "on the lease" you would have had to sign something and your post implies that you didn't.

My opinion, for the two cents that it's worth is that you have no obligation to the landlord.

You are a tenant of your boyfriend's brother and, in the absence of a written agreement with your boyfriend's brother you are on a month to month tenancy with the brother for the $150 per month that you pay.

I can't imagine why the brother hasn't been evicted for non-payment by now. But, then, some landlords are really stupid about letting that kind of thing slide.

Anyway, the landlord tenant statutes of most states require a month's notice of termination by either party, usually at least from the rent due date.

Post your state in your next reply and I'll look it up for you.

Here are my suggestions:

1 - Cease all contact with the landlord. As I wrote earlier, I don't think you have an legal obligation to the landlord for anything if you didn't sign the lease.

2 - Legal niceties aside, find yourself another place to live and don't go back there. Seems like that place is poison and you'd be foolish to think it's going to get any better. And quit talking to the brother, too.

3 - At worst, if rent to the brother is due on the first, you might owe the brother $150 for March if he wants to press the lack of notice issue.

4 - If you get included on an eviction notice make sure you respond with a motion to be dismissed from the action since you have no written or oral contract with the landlord. We can get into that later if that happens.

5 - Above all, keep your mouth shut. The urge to talk about your rights or explain yourself is what will get you in trouble.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#3 KarrieH88

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Posted 24 February 2013 - 09:33 AM

ok well i did sign a leas so therefor I am on the leas.... idk why he isnt evicted yet and i ask that and she told me that he was working with her for payment plans...i also told her that i will be sending my half of rent directly to her!!! and im not going to keep my mouth shut cause I have done nothing wrong but give my rent to him!!!! I was put on the leas as of Feb 1. I have a copy of the leas with my sig n his sig. so YES i do have an obligation...you clearly didnt read my post well enough. but thanks for your opinion!!! I live in Appleton WI

#4 adjusterjack

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Posted 24 February 2013 - 10:49 AM

ok well i did sign a leas so therefor I am on the leas..I was put on the leas as of Feb 1. I have a copy of the leas with my sig n his sig. so YES i do have an obligation...you clearly didnt read my post well enough.


Yeah, I did read it.

When I asked about the lease and if he had spoken with them he continued to lie to me. I took it upone myself to call the landlord cause I didn't want to be out on my butt with a newborn child. Turns out I was added to the lease as of Feb 1st.


That's the part that looks like you didn't know you were on the lease until you called the landlord.

i also told her that i will be sending my half of rent directly to her!!! and im not going to keep my mouth shut cause I have done nothing wrong but give my rent to him!!!!


Wait. You originally wrote:

I left for the safty of my child and myslef. This all happend this weekend and I have already called the landlord and left a message about the altercation and that I was no longer going to be living there


If you aren't living there anymore, why are you paying rent to anybody?

If you went back to live there, then OK. But you haven't been really clear about what's been going on or what you want to accomplish.

I live in Appleton WI


The terms and conditions of your lease with the landlord are going to govern what you can and cannot do.

And the problem with cosigning a lease is that you are responsible for 100% of the rent if the other tenant doesn't pay. In other words the landlord can pursue whoever she thinks she can get the money out of and ignore the other tenant if she wants to.

Here's the WI landlord tenant statute for future reference:

http://law.justia.co...10/704/704.html

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#5 KarrieH88

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Posted 24 February 2013 - 11:02 AM

this all happened lastnight.... i left for my daughter n i safty... I WILL be going back... thats were i live im not gunna let him think hes got me cuz he dnt....my ???? is can the landlord tell me to leave even tho im not the issue? im not gunna go back till i talk to the landlord.... either he needs to go or she can give me a diff apartment....right...i guess i want to know tht im doing the right thing and going about things the right way.

#6 adjusterjack

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Posted 24 February 2013 - 12:25 PM

my ???? is can the landlord tell me to leave even tho im not the issue?


As long as the lease is in force (until expiration) the landlord would need proper grounds to evict you.

See Section 704.17(2)[b] and [c]

http://law.justia.co...704/704.17.html

Which refers to additional grounds in Section 704.07(3):

http://law.justia.co...704/704.07.html

So your "altercation" is not likely to be grounds for evicting you unless it involved damage to property or law enforcement (or non-payment of rent - but rent doesn't seem to be an issue at this point.)

either he needs to go or she can give me a diff apartment


Unfortunately, the landlord has absolutely no obligation to do either and isn't likely to get in the middle of a he said - she said dispute between two tenants.

She would need the same grounds to evict the other tenant as she would to evict you. As for a different apartment, if she has one available, and you can afford it, she might let you have it if you ask for it. I wouldn't be giving any ultimatums though.

On the other hand, you do have the right to cancel the lease and move out without any further obligation if you and/or your child are under the imminent threat of serious physical harm.

To do that you would first have to get a restraining order or order of protection against the other tenant.

See Section 704.16 for the requirements.

http://law.justia.co...704/704.16.html

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.


#7 FindLaw_Amir

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Posted 05 March 2013 - 11:10 AM

To learn more about your rights as a tenant, you may visit the Real Estate Law Center: Landlord-Tenant Law and read Tenant Rights as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.




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