What can I do about Landlord retaliation?

This is a discussion on What can I do about Landlord retaliation? within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I am subletting a "room" (lodging) in a house in Downey for about four (4) months, I am paying $240 ...

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Old Jan 10th, 2011, 09:32 PM   #1
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Confused What can I do about Landlord retaliation?

I am subletting a "room" (lodging) in a house in Downey for about four (4) months, I am paying $240 a month for room I am no longer in (he moved me to the laundry room), however, I am one month behind on rent and have not signed a contract, and, after the second month I was there, he (The Tenant) has refused, after repeated requests, to furnish receipts for the payments I have made.

After explaining my situation to The Tenant, I was told I would have to move to his van parked outside and move my stuff outside. I then explained to him that that is illegal and after he threw a fit I explained to him that if he wants me out he will have to legally evict me. Since then he has played his music loud (much to the annoyance of the other Lodgers), moved his stuff into my "room", threatened to change the locks.

According to The Tenant the landlord, the actual owner of the property, does not know the tenant is subletting, and he said if he finds out he will be evicted (for the second time).

I have established residency at the address, my State issued ID has that address on it and I have received mail form the state and county, among others, though I do not know if that makes a difference.

My question is this; What rights, if any, do I have? Do I go to the actual owner of the house with my list of grievances, or is there another option?
 
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Old Jan 10th, 2011, 11:54 PM   #2
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Default Re: What can I do about Landlord retaliation?

I wish to inform you that a subtenant or a lodger can live in the house if the landlord have allowed its tenant to live in the house. In this regard the landlord may evict you as well as tenant if lease does not allow. In this regard if your rights are violated by tenant then you may take action against the tenant but may not take action against the landlord.

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Old Jan 11th, 2011, 03:47 AM   #3
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Default Re: What can I do about Landlord retaliation?

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I am subletting a "room" (lodging) in a house in Downey for about four (4) months, I am paying $240 a month for room I am no longer in (he moved me to the laundry room), however, I am one month behind on rent and have not signed a contract, and, after the second month I was there, he (The Tenant) has refused, after repeated requests, to furnish receipts for the payments I have made.

After explaining my situation to The Tenant, I was told I would have to move to his van parked outside and move my stuff outside. I then explained to him that that is illegal and after he threw a fit I explained to him that if he wants me out he will have to legally evict me. Since then he has played his music loud (much to the annoyance of the other Lodgers), moved his stuff into my "room", threatened to change the locks.

According to The Tenant the landlord, the actual owner of the property, does not know the tenant is subletting, and he said if he finds out he will be evicted (for the second time).

I have established residency at the address, my State issued ID has that address on it and I have received mail form the state and county, among others, though I do not know if that makes a difference.

My question is this; What rights, if any, do I have? Do I go to the actual owner of the house with my list of grievances, or is there another option?
When you are talking of the city where you live, is that Downey, California? If so, I can proceed using California law references here.

You are not a lodger. As a lodger, you would be renting a room directly from the owner of the property, and that owner would themselves also be residing in the same home. You instead are a subtenant. The tenant is the person who rents the property from the owner (or their authorized agent), and you are subletting from that person. The main tenant is considered YOUR landlord.

Because you are renting from the tenant, that person must follow the laws just as any other LL would be required to do. They cannot force you out, change the locks, or do anything else to cause you to move without having first given you proper written notice.

If you report the tenant's actions to the owner (HIS landlord), you already know that the entire household of subtenants would end up getting evicted from the property. The owner has no duty to rent to you, and once he terminates the tenancy of his tenant (your landlord), then your rights to possession would also be terminated.

As for your landlord refusing to provide receipts, that means that you should be paying them using a check or cashier's check, because that way your payment method IS your receipt. The LL CANNOT require you to pay rent in cash unless you have been given written notice of a dishonored check and the requirement that future rent payments will need to be in cash.

In order to learn what your rights are as a California tenant, I recommend that you check out this website: Landlord/Tenant Book Index - California Department of Consumer Affairs

There is a lot of good information on what you can and cannot do, what you can expect from your landlord, and what the legal requirements are for the both of you.
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Old Nov 4th, 2011, 04:39 PM   #4
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Default Re: What can I do about Landlord retaliation?

Duplicate thread. Please go to...

"Lodger" in need of options -- I am subletting a "room" (lodging)
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