| Yarrow | Saturday, May 11, 2002 - 11:19 pm
A friend of mine was living in a roommate situation with a primary roommate and another secondary roommate. On Wednesday, the marshals came and told her that the primary roommate wasn't paying the rent so everyone was going to be evicted. She left and they changed the locks. A lot of her possesions are still in the apartment. Now she's homeless.A big problem is that she got her mail at the apartment's mail box but that the primary tenant would never give her a key. He didn't bother to inform her about the pending eviction even asked for her rent on the Monday before the Marshall's came. Her mail which includes a check is in the mail box. The building is rent stabilized, it's a large apartment building.
Also the primary roommate was over charging her -she paid $500. per month, the rent was about $800. for the whole apartment.Also he apparently not paying the rent but collecting the rent from her. She even paid a broker a fee to get into this apartment.
Does anyone have any suggestions? Thanks |
| Ronin | Wednesday, May 15, 2002 - 04:38 pm
Her eviction was illegal. As a resident of the apartment the LL had to notify her. She can get an OSC for repossession and also sue him for illegal eviction. Also, she should file a criminal complaint against both the LL and the roommate. But don't expect much. |
| Yarrow | Monday, May 20, 2002 - 12:56 pm
I had already informed her that she shouldn't have been evicted, but it was kinda after the fact, after the armed marshalls took her out of her home for 10 days. She did file an OSC and found out that the primary tenant was back in the apartment. The judge ordered that the primary tenant give her a key to the new lock on the door.
The landlord's lawyer's are now threatening to have them both evicted in a new action.
The landlord's lawyer was saying in court that it was illegal for her to live there since the landlord didn't know anything about it. |
| Ronin | Monday, May 20, 2002 - 04:32 pm
Your friend should take solace in the fact that she will be entitled to tort damages for the illegal eviction. You should remind the LL's shyster of this fact. It might make them ease off a bit.
I strongly suggest that she call some of the attorneys listed in our help section. |
| Julie Nichols | Tuesday, May 21, 2002 - 11:18 am
My Finace' , me and my son recently relocated to SLC, Utah from
Arizona. Prior to moving we went on the internet to locate an apartment. We
found one and contacted the manager. Over the phone we gave her all the
info she needed to get us approved. She approved us on the 27th of April.
But told us there was still a tenant in the apartment that she was trying
to get out. Anyway , she obviously got the person out and " Cleaned " the
place up . On May 1st I arrived at the apartment 1st ( I lost my finace' on
the freeway ) the landlord met me there. I was very upset and stressed out
about loosing my finace in a place he had never been , and was worried
about where he was and if he was ok , Plus tired from the 15 hr drive.
Anyway , she took me in the apartment and I was very unhappy at the results
I saw. I expected something so differant. I felt that I shouldnt do
anything until my fiance' arrived , but it was so late I didnt want to have
to figure out something eles to!
do , and didnt know if he would be upset because I didnt take the
apartment. So after much thinking , and the landlord pressing me. I signed
the lease and gave her $850 . She told me that if there was any problem
when my finace arrived to have him give her a call , " no matter what time
" And she also said becuase the lease was written up in both our names that
she needed his signiature. When my finace' arrived , about 30 mins later (
She had left ) he didnt like the place either , and immediatley called her
and told her , we were not going to take residence in that apartment. We
were not going to stay even one night. She said ok , we can meet tommarow
and give her the keys and she would give us the money. We left the
apartment, locked it up and stayed at my sisters house. The next day she
called us on our cell phone , told us to meet her at 1:00 pm , when we
asked her if there would be a problem with the refund she said " I'm sorry
, my phone is breaking up , meet me at 1:00 ". When my finace' went to meet her , she took the keys and denied any
money back , and said that I would be lucky If I didnt get sued for the
remander of the lease , and to contact their attorney. We have tried to
talk to all parties in this situation she was only the agent for the owner.
And all say contact our attorney , and that we will not get any money back
. We have since rented another apartment , and are trying to figure out
what we can do to get our money back ..... Can someone please help , what
should we do 1st ? |
| Yarrow | Sunday, May 26, 2002 - 06:56 pm
I've passed the information on to my friend. However, the primary tenant is demanding rent from her and threatening to trash her possesions, change the lock if she doesn't pay up. According to our calculations the primary tenant owes her the overcharge, at least for the year that the Roommate Law was passed. And for the ten days that she was out of the apartment.
The judge was interested only in getting her back in the apartment not dealing with the rent issue.
I've suggested that if he changes the locks to go file an illegal lock out. She's had to call the police on him since he is bolting the door and trying to not let her back into the apartment.
The other secondary roommate has disapeared but all of his things, including a cell phone are still there.
Any suggestions for her? |
| Ronin | Sunday, May 26, 2002 - 11:00 pm
At this point she has the court order and the police should do the trick. Later she can file an overcharge and illegal eviction I guess. You should check out our help section and try some of the resources there Yarrow. |