Ask The Rant #1

Here at the Hometown Rant, there’s nothing we love more than giving custom-tailored advice to landlords and renters like you, which is why this week we’re digging through our giant sack of emails to bring you the very first edition of Ask The Rant.

Coleen writes:

Hi, I was living with a woman for 3 months. Our agreement was that I drive her and her kids around because she lost her license, which I did daily. She had to have an interlock device installed in her vehicle. The driver (me) had to blow in before the vehicle would start. I have COPD, so sometimes I can blow in and other times I can’t. So she would and we got to start the vehicle. She got a job and decided to have a neighbor drive her to and from work. She didn’t pay for the gas or rides. The neighbor was bored anyways and offered to do so. So one day I asked if the neighbor wouldn’t mind grabbing the kids on the way back home, so I wouldn’t have to.

Next thing I know I’m being told the locks were changed and to get my sh*t out that night or the next day after she got out of work. Well needless to say I had to call the cops and wait hours for them. Could only get as much as I could get out of the apartment in ten min. Now I lived there for 3 months and my question is can she legally do that? And my cat was locked in my bedroom for 3 days before I got to get him! It was a total nightmare. And I never ended up getting my belongings out of her house. The cops are no help at all. The story goes on and on.

And the girl is selling my things on craigslist. Last time cops went with me she said she put my stuff outside and called me, as per the landlord’s orders. It never happened! Can I sue her and get money for the things I had in that apartment? The story goes on and on! But I can’t deal with writing it all down… very upset.. thanks,

Coleen

Well Coleen, this does sound like a horrible situation for everyone involved. If you’re serious about taking legal action, consult an attorney who is familiar with property law in your area. Ideally, that would be a last resort, but it sounds like you’ve already exhausted most of your options in terms of talking it out.

It may not be of much use to you now, but there are a few points you mention that should raise red flags for problems down the line:

First off, you make it sound like you were not paying rent, but instead had a verbal agreement to provide a service (driving) to pay for your lodging. While maybe not technically illegal, your situation certainly illustrates the problem with making a deal and not explicitly laying out the terms of the agreement in writing. When one party feels the other party hasn’t held up their end, the whole thing devolves into a series of accusations, and it’s virtually impossible to prove who is right or wrong.

Second off, it’s unclear from your story whether or not you had any contact with the landlord, or if the landlord even knew about the arrangement you made with the woman. From what it sounds like, you didn’t sign any form of sublease agreement, meaning that the woman is presumably the only one with her name on the lease. Typically leases contain a clause stating that tenants must be given notice a certain amount of time before an eviction, but if your name isn’t on paper anywhere, then it may come down to your word against hers. As for the stuff of yours that she has or has sold, you should speak to a lawyer if it’s that important to you to get it back, but depending on what it is, it might be cheaper to just cut your losses and not have to deal with a person who is clearly very difficult to communicate with.

For resources available to you at this point, check out the US Department of Housing and Development website, which provides state-by-state information about tenant’s rights, and other resources you can use to get help in your area. If after that you still feel that legal action is your best recourse, talk to a lawyer who specializes in rental law to figure out what you can do. Best of luck, and at the very least know that your story will help other people avoid similar situations.

Do you have rental questions of your own? Comments? Concerns? Love letters? Hate mail? Let us know: Hometownrant@hometownrent.com

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