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Re: Serving Notice to Vacate..if tenant won't leave? - Landlord Forum thread 263896

Re: Serving Notice to Vacate..if tenant won't leave? by Jane on August 13, 2012 @10:17

                              
To respond to the comments below, she did not lay August rent because she wanted mt to use her security deposit as last months rent (she yelled this at me at the same time she told me she was leaving). I do not have. Written lease for legal reasons (the area is not zoned for tenants and house is single occupancy C/O only). If I have a lease, she can use that to prove the house was rebuit with an apartment.
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Re: Serving Notice to Vacate..if tenant won't leave? by Jake on August 13, 2012 @10:35 [ Reply ]
Dude...If you have an illegal apartment you are in deep trouble. If this is the case, you should let it go and hope you do not get turned in, fined and required to return all the rent paid. Not having a lease will not help you on this one. If the apartment is illegal, let it go and hope for the best.
    Re: Serving Notice to Vacate..if tenant won't leave? by Jane on August 13, 2012 @10:38 [ Reply ]
    Unfortunaly yes it's illegal...but even so, does that mean I am screwed and supposed to stay silent while she depletes my electricity bill every month and lives rent free in my house? I must have SOME rights don't I?
      Re: Serving Notice to Vacate..if tenant won't leave? by Franklin (TN) on August 13, 2012 @10:47 [ Reply ]
      Here's the problem. If you want her out, she may report you for having an illegal apartment. She may know about this, she may not. You have to decide what to do. IF you evict her, she could turn you in, you'd be fined and penalized, but you'd be free of her. If you don't, she may be staying for a long time, but you may not get found out. Who am I kidding... you'll be found out regardless. It's NEVER a good idea to try and illegally rent out space. You'll always get found out.
      Re: Serving Notice to Vacate..if tenant won't leave? by Jake on August 13, 2012 @10:50 [ Reply ]
      "I must have SOME rights don't I?"

      I would say the best thing you can do is exercise your right to remain silent. Anything you say can be used against you in a court of law.
      Re: Serving Notice to Vacate..if tenant won't leave? by Bryan (Ia) on August 13, 2012 @11:45 [ Reply ]
      You are attempting to benefit from an illegal act. Courts frown upon will penalize you for that. When you engaged in the illegal act you gave up any right to legal protection.
Re: Serving Notice to Vacate..if tenant won't leave? by Franklin (TN) on August 13, 2012 @10:51 [ Reply ]
And what's this "If I have a lease, she can use that to prove the house was rebuilt with an apartment"? Pretty sure you don't need a lease to prove that. If the house was "rebuilt", you have more troubles than just an illegal apartment. I'm pretty sure the city will have something to say about not having permits for your work on the house as well. This can't end well...

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