• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Relatively complicated living arrangement, I need to get out.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

LaVache

Junior Member
What is the name of your state (only U.S. law)?

Long Island, NY. Town of Hempstead.

Hello,
I'm a college student who has an internship in Long Island for the summer. This is the first time I've gone out and found a place on my own (I lease a house for college, but I don't consider that the same thing), and it has certainly been a learning experience. From afar I had to find a place to live, and found a landlord on Craigslist who is leasing a condominium with a monthly rent in my price range. I contacted her and she informed me that this is a "room share" and that there is no formal lease to sign, only $600 a month to be exchanged -- in cash. She said I could live in her living room, which has a "pull out couch" and has been partitioned off from the rest for privacy.

In hindsight I realize it was naive of me, but I accepted this offer. I asked to have something in writing, so she sent me an email containing some "house rules." I mailed her a check, which was clearly labeled 'security deposit for condo," and she cashed it. She also made me a sign a handwritten paper stating that I wont get my security deposit ($600) back until August 15. A receipt is given to me each time that I pay stating the time period and that it is for "room share."

I have unfortunately found the living situation not to be ideal. Firstly, the couch is not a "pull out couch," which implies the presence of a bed; it's a reclining couch and unfit for sleeping. She has a full kitchen but is prohibiting me from "heavy cooking," which includes:
Use of the dishwasher.
Use of the oven.
Use of all but one burner of the electric stove; she actually disconnected all but one burner, the smallest one.

Lastly, she's informed that I cannot have mail delivered here. So now I have no mailing address. She suggested I have anything I need mailed/shipped sent to my workplace. I've been there for a week -- I hardly think it's appropriate for this!

And while less concrete, but enough reason for me to want to leave, she seems very flaky, irrational, and prone to make decisions affecting me on a whim.

I feel mislead about the situation of the couch, and never in her "rules" was cooking disallowed -- or even mentioned. I'm afraid I'd like to leave the condo at the end of the month and find somewhere else to live. However, I don't want to lose my security deposit. Do I have any recourse here?

Are there laws of conduct on the part of landlords, even in "unofficial" situations such as this one? Surely she cannot disallow use of basic elements of the kitchen if it was not stipulated in the original set of rules provided to me, which I printed and maintain copies of. I also have my doubts that she's declaring the income she makes from the tenants of this condominium. Additionally, I'm questioning whether or not she is permitted to sublease her condominium, as she is subject to rules and regulations set forth by the homeowner's association. This puts me in an awkward situation, as they could potentially discover this and force me to move out without notice.

Thank you for your replies.
 
Last edited:


LaVache

Junior Member
Here are the rules that were given to me prior to my move in:

AGREEMENT FOR ROOMSHARE


1. Security is not refundable before six months from move in date or period agreed upon..
2. Room and bathroom should be kept clean
3. No guests/sleepovers
4. Kitchen counter and table should be cleaned after use.
5. Roomshare is limited to kitchen, bedroom and assigned bathroom/s, not other areas of the house.
6. Rent is due on the 1st/15th of each month, depending on start date.
7. You are required to give one months notice if you plan to leave.
8. Door must be locked securely at all times when leaving.
9. Parking is in the main parking lot.
 

JETX

Senior Member
Couple of comments....

First, is she the OWNER of the property?? Sounds to me like she is a tenant.... and you are sub-lessee to her. Either that, or she is not allowed to have 'tenants' in the property and is hiding it from the HOA (or the owner). Do a little research to find out the REAL story... as it could be used to justify your termination of the 'tenancy'.

Second, you would ONLY be obligated to comply with the rules as given to you at or before your 'agreement' started. Any post-agreement 'rules' do not require your compliance.

Third, you have the right to 'demand' what you agreed to at the time of the agreement.... including a 'pull out couch' (though it was your mistake in not getting that clarified.

Sounds like you need to start making YOUR expectations clear to your landlord.... even to the point where she agrees to releasing you from your 'tenancy'.
 

LaVache

Junior Member
JETX,
I appreciate your reply. I've addressed your comments in order:

I have reason to believe she is the owner of this condo. Her boyfriend and I got into a long conversation and he happened to mention that he helped her redo the floor and plans on doing some serious remodeling of the interior, namely tearing down a wall; surely a tenant would not be allowed to do this.

I'd like to find some contact information for the homeowner's association, but it's not advertised. Ideally I'd get a hold of whatever documents stipulating rules and regulations an owner is issued. I may have to simply ask a neighbor in the other side of the complex, and perhaps feign interest in acquiring a condo. Are HOA's supposed to register anywhere, in any sort of database available for public record?

Given that she never mentioned restrictions on cooking, is full use of the stove implied? Could she argue that just one burner of the stove constitutes kitchen use? This seems unreasonable, but things often are.

I understand I should have gotten the "pull out couch" issue clarified from the get-go. If I end up living here, I'll likely purchase an air mattress.


At the outset I demanded only a few things: an iron, ironing board, and that the living room be partitioned. The room has not yet been partitioned, though she's working on it. The iron she gave me doesn't work (it doesn't apply steam). I'm not going to quibble over that though.
 

Silverplum

Senior Member
At the outset I demanded only a few things: an iron, ironing board, and that the living room be partitioned. The room has not yet been partitioned, though she's working on it. The iron she gave me doesn't work (it doesn't apply steam). I'm not going to quibble over that though.

That's exceedingly interesting to me: I've never heard of a tenant demanding an iron and an ironing board.

Carry on.
 

LaVache

Junior Member
I'm not sure what to say, she asked if there was anything I need and said to bring as little as possible. I told her I need to dress business formal every day for my internship and that I'd need an ironing board and iron, she offered to buy it for me. That may or may not qualify as a demand, but that's how it worked.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top