Is it landlord retaliation?

[debbymiller40]

HELP**************Is this landlord retaliation??????

What is the name of your state (only U.S. law)? MASS.
I moved into the house I'm renting last Feb. Originally it was just myself and my daughter, but boyfriend moved in a month later. We have both spent a total of $6,000 on this house JUST to get it to where it is livable. My landlord now wants me out so her son can move in. {She lives in a home across the street}. She took me to court last month trying to evict me on the grounds of not paying rent, which the judge ordered in my favor, because I was, in fact, all paid up. Before this court date, she and her sons have smashed the windshield on my truck, let my horses out of their gate which causes serious injury to one of them, and turned my electric off. During the court case last month, I agreed to not sue her with counter-claims if she just let me stay here until June of this year when my daughter finishes school. It was granted by the judge. Since then, my boyfriend and I had a house party last week where one of our guests, my landlord's nephew, got out of control and physical with his girlfriend. My boyfriend tryed to get him out of the house, but not without this gentleman sustaining bodily injury. The police were never called, I ended the party at that moment. The following day, she put a no trespassing order on my boyfriend and had sent me ANOTHER 14 day notice to quit for "causing trouble" and "underage drinking". {My 16 yr. old daughter did sneek a beer that night and I admitted to it}. WHAT can I do? I AM paid up on my rent. My boyfriend has to pay 1/2 or I cannot afford it. He is now staying with his brother and paying 1/2 the rent here. His name is on all of the rent receipts. The poor guy just can't afford 2 different rents though. I am currently unemployed, so if I don't have his half, I will fall behind. Can she take me to court AGAIN and try to evict me on grounds other than non-payment? Is the no trespassing just retaliation? WHAT do I do? My stress levels are through the roof, and I'm seeking medical help for it. I JUST want to be able to stay here with my boyfriend until June as previously ordered by the judge. It's not easy finding a place to rent with enough land to keep horses on too. If I could have found one, I would have moved by now, just due to the stress. PLEASE HELP!What is the name of your state (only U.S. law)?

 

[Gail in Georgia]

If your lease prohibits underage drinking/disturbing the peace of the neighborhood, etc., your landlord can certainly attempt to evict you for this, even if the person beating up the girlfriend is the landlords nephew.

Sounds like your boyfriend was never on the lease; since he's the one who caused the nephew to sustain bodily injury, it would make sense that the landlord would forbid him access to the rental unit.

Gail

 

[debbymiller40]

Thank you so much Gail for your advice. My boyfriend and I being a "Tenant at Will" and as I explained before, his name being on the rent receipts, wouldn't that mean she would have to "evict" him as opposed to issuing a no trespassing order? Not too sure myself, just desperate for help

 

[JETX]

Originally it was just myself and my daughter, but boyfriend moved in a month later.

Then he is an 'illegal' tenant.

Before this court date, she and her sons have smashed the windshield on my truck, let my horses out of their gate which causes serious injury to one of them, and turned my electric off.[/quote[
If you can prove your claims, file criminal charges on her and her sons. As for the electricity, they CANNOT turn off your utilities.

During the court case last month, I agreed to not sue her with counter-claims if she just let me stay here until June of this year when my daughter finishes school. It was granted by the judge.

Is it in the court order??

Since then, my boyfriend and I had a house party last week where one of our guests, my landlord's nephew, got out of control and physical with his girlfriend. My boyfriend tryed to get him out of the house, but not without this gentleman sustaining bodily injury.

So, you allowed an ILLEGAL tenant to remain in/on the property?? Not good.
The landlord could serve you with a 'quit or terminate' notice to force you to remove your 'breach' (illegal tenant). That would NOT be protected by the court order to remain.

The police were never called, I ended the party at that moment. The following day, she put a no trespassing order on my boyfriend and had sent me ANOTHER 14 day notice to quit for "causing trouble" and "underage drinking". {My 16 yr. old daughter did sneek a beer that night and I admitted to it}. WHAT can I do?

Simple. You have 14 days to remove the 'breach'. If you don't, she can once again file eviction process on you and, presumably, it would work this time.

I AM paid up on my rent. My boyfriend has to pay 1/2 or I cannot afford it.

Not the landlords problem.

Can she take me to court AGAIN and try to evict me on grounds other than non-payment?

Yep. See above.

Is the no trespassing just retaliation?

No. He has no legal right to be there.

WHAT do I do?

Simple answer... remedy the breach... and plan on moving.

My stress levels are through the roof, and I'm seeking medical help for it. I JUST want to be able to stay here with my boyfriend until June as previously ordered by the judge.

Sorry, but I don't believe the judges order allows you to continue breaching your lease obligation.... and still remain.

It's not easy finding a place to rent with enough land to keep horses on too. If I could have found one, I would have moved by now, just due to the stress.

Sounds like you have no choice. Either remove the breach or move.

My boyfriend and I being a "Tenant at Will" and as I explained before, his name being on the rent receipts, wouldn't that mean she would have to "evict" him as opposed to issuing a no trespassing order? Not too sure myself, just desperate for help

He is NOT a 'tenant at will'. He has no legal standing to the property.
Also, as a 'tenant at will', your entire tenancy is at issue. The landlord screwed up in not simply giving you a notice to terminate... and evicting you. Instead she tried to 'help' you by giving you a chance to remove the problems. That ended her up in court with the 'judge agreement'.

As for his name being on the receipt, it does NOT give him tenancy rights. I could pay your rent and thereby have my name on the receipt.... but that wouldn't give me tenancy rights to YOUR apartment/rental.

 

[debbymiller40]

JETX......thank you SO much for all of your advice. EXTEMELY helpful, and I'm grateful. In answer to your question, YES, it is in the judgement. I waived any and all rights to any counter-claims or small claims cases I could possiblly bring against her with regard to personal property damages, abuse to animals and my utilities being turned off. In turn, she was ordered to allow me to remain until June of this year.
I'm just curious with regard to my boyfriend. She knew he was moving in and was agreeable to it. Under those circumstances, wouldn't he have been a "tenant at sufferance", yet, once she started accepting rent from him, it would have transformed him to a "tenant at will"? Yes? No? She WAS and has been completley aware that he has been living here for over a year. The local police and every neighbor within 20 miles knew where he lived. Just wondering

 

[JETX]

JETX......thank you SO much for all of your advice. EXTEMELY helpful, and I'm grateful. In answer to your question, YES, it is in the judgement. I waived any and all rights to any counter-claims or small claims cases I could possiblly bring against her with regard to personal property damages, abuse to animals and my utilities being turned off. In turn, she was ordered to allow me to remain until June of this year.

That is fine... but his order does NOT allow you to breach your lease and remain. The assumption was that AS LONG AS YOU ARE IN COMPLIANCE WITH YOUR LEASE... you can remain and she will not give you a 30 day notice to terminate.
I doubt the court will allow you to breach and remain.

I'm just curious with regard to my boyfriend. She knew he was moving in and was agreeable to it. Under those circumstances, wouldn't he have been a "tenant at sufferance", yet, once she started accepting rent from him, it would have transformed him to a "tenant at will"? Yes? No?

No. A 'tenant at sufferance' is someone who remains in a property AFTER the lease has expired (also known as a 'holdover tenant').

"A tenant at sufferance is the situation when a tenant of real estate continues to occupy the premises without the landlord's consent after the original lease or rental agreement between the landlord and the tenant has expired. A tenant in this situation is also referred to a a holdover tenant. The tenant is responsible for payment of the monthly rental at the existing rate and terms, which the landlord may accept without admitting the legality of the occupancy. If a tenant at sufferance does not leave after a notice to quit (move out), he/she is subject to a lawsuit for unlawful detainer. A tenant at sufferance differs from a tenant at will in that the latter has permission of the landlord to stay beyond the expiration date of the agreement, while the tenant at sufferance does not."

She WAS and has been completley aware that he has been living here for over a year. The local police and every neighbor within 20 miles knew where he lived.

Not relevant. The simple fact is he is, and remains, an illegal 'tenant'. At best, you could argue he is a sub lessee under YOUR lease, but that is likely also not allowed.

Accept the fact that he cannot live there without your landlords permission. And since she has a 'no trespass' notice on him, that doesn't appear too likely.

 

[Cvillecpm]

Call the police and report each incident

 

[debbymiller40]

The nephew, the gentleman who sustain injury from my boyfriend, already has. I imagine he will be pressing charges. THANK YOU for your advise. It's nice to get as much counsil on issues I'm not familiar with. THANK
YOU again too JETX**************...the time you've taken to answer is very much appreciated. Thank you both.