Not named on eviction paperwork

[reddhot48]

I have been renting a garage/apt for 18 months. I recently discovered that the gentleman I believed to be the homeowner (my landlord) is a tenant. He also rents out 3 other rooms in the home. The actual homeowner showed up with the city and my garage/apt has been deemed uninhabitable... an illegal dwelling. The homeowner served his tenant (my landlord) with a 3 day Notice to Perform Conditions And Covenants or Quit. Reason listed shows violation of lease terms by subletting portions of the home and garage. The form only names my landlord and all others in possession.

My question is this... Are myself and the other tenants expected to be out in # days... Our rents have been paid...We had no idea that the man to whom we were paying our rent was not the homeowner. The gentleman on the lease is packing as we speak, tells us he is going to have utilities cut and locks changed on the first. Can he do that? He took our rent, doesn't that entitle us to at least 3o days notice..None of us is in a financial position to move in 3 days.

Any advise would be greatly appreciated

 

[army judge]

You can only be evicted by legal process. That means you're entitled to go to court and have your say.

That, however, will only delay the inevitable.

If I were you, I'd voluntarily move.

If you stay, things will soon be worse than you can imagine.

You can sue the guy who you paid, but he'll be impossible to find. Even if you found him, he's a deadbeat, and you will never collect a dime.

Be smart, walk way, start anew in another apartment.


Sent from my iPad3 using Tapatalk HD

 

[Michael Wechsler]

army judge probably told you the practical effect of what is happening. You can always sue your landlord/sub-tenant later but chances are you won't recover the money (the court doesn't require the defendant to arrive with his checkbook.)

It's certainly possible that the actual landlord may not be able to put you out immediately but it doesn't change the fact that you'll need to reestablish the utilities and also do something about the locks or have your landlord (the tenant) give you a copy of the keys. You may want to have the discussion with your landlord (the tenant) and see whether he expects his security deposit to be forfeited. But it's also possible you can work out something with the actual property owner, which would be the optimal way to settle everything and avoid a problem if you don't want to leave.