Wasn’t on lease and apartment manager found out...

[Ty0604]

OREGON

Back in March I moved in with two friends from church. I never applied for the place and have just been paying Roommate A my rent every month. Roommate B never applied either and has been paying Roommate A directly as well, since Roommate A has been here for 3 years and is on the lease. The lease is up in September so there’s been rumors about everyone moving which is fine, it’s 5 weeks away and there’s time.

That was until this evening. Someone told the manager about Roommate B and I so the manager is threatening to kick me out right now. I filled out the application but I BS most of it and didn’t give him the $45 application fee. I don’t think I’ll be approved cause I was convicted of a felony in March 2009 and he asked if I had been convicted of one in the “past five years.” Of course I said I hadn’t. Nothing on the application was right, including my SSN and previous landlord info etc. I just did it to shut him up for a few days. He was super confrontational.

He was saying he could have me out in 24 hours if he wanted. Is that true? The BS application bought me til Thursday if I pay the $45 and then til Monday if I pay it. He wouldn’t even let me take the application home to fill it out. He said I HAD to fill it out right there in front of him and that was it.

Otherwise, I don’t have the money to move. I only make a little more than my monthly share and nowhere near the $3600/month they require for the household. I’m in school and am self employed so I don’t have a verifiable income. All my money has gone into a surgery I’m having on August 5.

So what do I do? Pack my s**t and live on the streets? I guess that may be my only option.

 

[OHRoadwarrior]

You could receive a no trespass notice and be charged if you do not leave. Your buddy can be evicted.

 

[Ty0604]

My buddy is moving out anyway so doesn’t matter to him. That’s interesting though because I was under the impression that I was a legal resident once I had stayed here so many nights in a row.

 

[OHRoadwarrior]

The hilarious part of this is that you apparently go to church on Sunday, feeling it allows you to do whatever you want the rest of week.

 

[Ty0604]

The fact that I go to church has absolutely nothing to do with this... Your opinion is completely irrelevant but thanks.

 

[OHRoadwarrior]

The fact that I go to church has absolutely nothing to do with this... Your opinion is completely irrelevant but thanks.

Actually the hypocrisy you show is very relevant.

 

[FarmerJ]

The pm is full of excrement, because if they call the police to try to have you removed as soon as the police learn this is a civil dispute and that you are a tenant there is not much more for them to do. The PM can complain , whine, lie, etc but the deal is that the space you live in is leased and if there is a lease violation the PMs options are to send formal notice to the tenant of record calling out the lease violation and giving the tenant of record X amount of time to correct it or face a court summons asking the court to evict. BUT the lease is up soon SO I suggest you speak to the tenant of record and suggest to her/him that they give proper notice in writing now saying they will be moving by the end of the lease , make multiple copies and send one via certified mail and the other via certificate of mail , these are diff , one is to be signed for, other does not need signature. I suggest going that route because this PM is going to be the most unhappy person and likely will see to it that a lease renewal is not offered or rejected. You got the moral lecture so heres the deal. Legally your a sub tenant any actions the pm takes first must be against the master tenant, Youre rights are that of a month to month tenant. Id suggest you also give to the master tenant your own written notice that you will be moved out before the lease is up. Its not likely that the PM is going be able justify to the owner the cost of evicting this close to a renewal BTW tell the master tenant to plan on paying August rent via confirmed mail delivery. ( if this pm has deep pockets and carries a grudge you can count on this pm creating a court record that names you in it if your not gone by the end of this lease )

 

[Ty0604]

FarmerJ-

Thanks, that’s more of the advice I was looking for. I talked with my roommate last night and he’s going to let the PM know that he plans on being out by the end of August. It gives me a little more time to look for a place as I’ll be gone most of August. I was going to see if I could speak to someone at the PM (and not a power tripping manager who watches porn all day) and see if they would let me stay through August without dealing with a lease. I don’t want any “favors” but my surgery is making it impossible to move and there’s noway around that. It seems a bit ridiculous that they would even bother to try and kick me out when the place will be vacant at the end of August anyway.

Gotta’ run.

 

[Ty0604]

ps: I’d also like to point out that the other roommate who isn’t on the lease either hasn’t been harassed by the apartment manager like I have. Yes, the apartment manager knows he isn’t on the lease too.

I don’t see how they could take action against me but not him since it’s the same exact circumstances.

I’m out of town til Thursday. Chat then.

 

[OHRoadwarrior]

Farmer, if you refer to interpretation of statutes regarding landlord tenant law. This guy can be given 24 hours as a nuisance. The lessor needs to be given 30 days if he does not correct the deficiency. It was a LL/Tenant legal interpretation rather than specifically outlined under the 24 hour statutes.

 

[FarmerJ]

You wrote> I was going to see if I could speak to someone at the PM < I would say dont bother, I suspect you would be wasting your time. The tenant of record is the one they can go after first.

 

[Eekamouse]

Your surgery is not the PM's problem and it doesn't give a free pass to do what you want to do. Why would you want to risk having your friend get an eviction on his record? What kind of friend are you that you would do that to someone else and know it's going to follow them for quite a while and make it difficult for them to find somewhere to live?

 

[OHRoadwarrior]

Your surgery is not the PM's problem and it doesn't give a free pass to do what you want to do. Why would you want to risk having your friend get an eviction on his record? What kind of friend are you that you would do that to someone else and know it's going to follow them for quite a while and make it difficult for them to find somewhere to live?

The kind that goes to church and holds himself out to be something he is not, in an effort to manipulate and use people no doubt. Okay I will be more concise. The kind of person that gets convicted of felonies and commits fraud by falsifying applications.

 

[Ty0604]

Judged rules in my favor

Wanted to give everyone an update on the situation.

This quickly went to court and the judge ruled in my favor. Since I’m subleasing the room, the only action the management company can take against me is to ask that I fill out an application to replace the original leaser. If my application is denied then I would have to be out when the original lease is up but they don’t have the power to kick me out until such time.

The management company appealed and another judge upheld what the first judge had stated.

Our lease is up at the end of August and my other two roommates and I have decided to move out anyway so I wont be filling out that application.

This may be a little immature but I’m glad I was right while making you all look like fools