Q: I’ve been a subtenant for 1.5 years. I was given 24 days notice to move during COVID... paid services being turned off.
Tenant told me my sublease is illegal and landlord doesn’t even know I live here. She gave me a notice to leave by May 30. Then verbally changed it to May 14... she won’t give me this is writing. THEN I heard her on the phone switching services back into the landlords name for the 11th. I’ve paid through the 14th and she is turning services off already... she’s making my life a living hell while I face the possibility of being homeless. She is often violent and aggressive - following me into, and cornering me in, my bedroom and yelling. Then saying I have no rights and have to do exactly what she says because I’m not a real tenant. My drivers license is this address. I get mail here. I’ve lived here consistently for almost 2 years now. I’ve never missed a payment. She is the liar here, is this my fault? Can she do this to me? What can I do??
A: The tenant is responsible for the rent, and is the only person who has a legal right to live there. Unless the landlord will allow you to stay there you have no legal rights.
A: Get an attorney, of course - not scrounge around for on-line advice. If you can't afford the hundreds and possibly thousands of dollars for representation by a private counsel, contact your local Legal Services or Legal Aid office - one of their main areas of work is landlord-tenant. If you are truly finding out now, for the first time, that your sublease is without landlord consent, you have some rights. You won't be able to stay long-term, but neither can you be instantly thrown out into the street or have utilities cut off. Additionally, per the Governor's latest Executive Order for Covid-19, no evictions can be pursued until at least May 18th. You also may have a cause of action for money damages against your "landlord" (the tenant who rented to you).
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