What rights do I have as a sub lessor against the primary tenant?

Question

Okay, here's the deal....I moved in with a co-worker a year ago as a sub lessor in the private property her and her son resided in. When I moved in, I paid first and last month's rent up front. Originally, there was a sublease contract written up, of which I signed but she didn't (she was the one who wrote it up, by the way). Anyways, about three months ago we started having some complications in the living conditions. She was "forbidding" me from inviting my boyfriend over, claiming that she didn't want him staying over because it would be a 'negative image on her son' (even though any time he ever came over her son was either sleeping or not there). She even told me that if I defied her word she would call the cops on him. Now, I know that our written agreement said NOTHING about any restrictions over who I could and could not have over, so by law I am allowed to have guests over. However, the situation was becoming so childish and stressful that I gave her my 30-day notice as of fifteen days ago that I would be moving out. In our sublease agreement, it states that I have the option to use the last month's rent to either apply to my last month's rent, or as a deposit that can be returned after I leave, given I supply ample notice. Anyways, this past week she has been harassing me about removing my stuff by the end of the month, and I told her I would try my best to have it out by the end of the week. Well, she took my statement to another level and packed all of my stuff up and left it outside on the front yard (of which I took pictures of, of course). Now, my question is this:
1) Have my rights been violated as a tenant enough that I can seek legal action?
2) If so, have I done anything that might have potentially caused taking legal action to backfire on me?
3) How exactly should I go about handling this situation?
I know this a long question...you have to understand my frustration, however, being caught up in this situation....

Answer 1

Your first problem is SHE never signed the contract. As a rule, contracts are enforceable ONLY against the parties that actually sign them.

The next problem is that HE is living in the residence. That changes the rules significantly in HER favor. You rented a ROOM in her HOME and are basically subject to any rule she invents outside that room.

Third, you gave notice you would be leaving and she is not telling you you have to leave in that time. Leaving your stuff OUTSIDE is not legal, but suing her will only KEEP her in your life longer than moving on. I thing you have a case, but I doubt actually pursuing it will be worth the aggravation.

Answer 2

decrease than California regulation, if the condo settlement between the Lessee and Lessor has a "No Sub Leese" clause, the Lessor does not could honor any settlement implied or written between the Lessee and Sub-lesse. even nevertheless, the Lessor could stick to the same eviction technique for an unlawful Sub-lessee via fact the he could for the Lessee. relatively the owner or property supervisor provides you an eviction be conscious comparable to a month to month tenant and stress you to bypass. undergo in recommendations California regulation components for accelerated eviction (much less time) whilst the Land Lord does not get carry of the lease. which skill if the Lessee did no longer pay the Land Lord the lease, The Sub-lessee additionally gets thrown out quicker too. no longer something demands the land lord to proceed to unfastened funds via a bad renter. confident, the assessments will practice in court you have been a tenant, notwithstanding you'll be able to have been an unlawful tenant. The eviction technique is the same for an unlawful tenant as for a criminal tenant.

Answer 3

Under many state laws your rights have been violated.



First, the contract is binding even if she didn't sign it because she has acted as if she had signed it, meaning she has accepted the agreed rent and that would indicate her agreement to be bound.



Second, it is illegal to "mess with" stuff that belongs to somebody else. She has technically trespassed upon your property rights but you would have to prove some damage occurred.



Third, if you were "wrongfully evicted" (i.e., your stuff was thrown out and the locks were changed), your state laws may provide penalties against the landlord including damages, return of your deposit, lawyer's fees to sue her for violating your rights, etc. Talk to a local attorney about whether you have a case worth pursuing.

Answer 4

If you haven't lost anything or she hasn't stolen from you just let it go and move out and get her outta your life. Its not worth more stress. count your losts and if they are too much then maybe you can seek legal advice. if not just move on.

Answer 5

Do a search for renters rights according to the state you are living in.