Unusual situation, One Landlord, Five Tenants, only Three paying rent and utilities

[MarshaAK]

What is the name of your state? California

Will try to make this as clear stated as possible:

In May this year, I was given a 3 day notice to quit, I am bi-polar and panicked, started looking for housing, found a house with 2 Women renting the house from the owner, they have one bedroom and are on the lease, 1 Man renting same house from the owner, He is on the lease and only has a portion of the living room as his "rental space", 1 Man renting the garage (living in it) of the house, He is not on the lease. I was offered the second bedroom (Two bedroom, one bath house) for $550 plus a portion of the utilities to be determined.

I know I should have asked more questions before moving in but my bi-polar anxiety and panic attacks were kicking in and I was frantic to find a place before the three days were up for me to move from the other place, so I said okay, gave $225 for May 16-May 31, and $550 for June rent (Moved in May 16 as agreed on, so rent was prorated (sp?) for May, and I am on disability so like to stay ahead of the rent so pay early on the rent for the next month ~ No lease was signed, no exact amounts given for utilites except they would include: Water/trash/sewer (all one bill), Electricity, Gas, Cable (More on the cable in a few sentences) and Internet.

Now I "assumed" 5 tenants so rent of $1200 a month would be split 5 ways ~ NOPE ~ The gentleman who lives in part of the living room pays $300, the gentleman who lives in the garage pays $400 and I pay $550 that adds up to $1250, so the two women who live in the other bedroom are paying none of the rent ~

Now I recently paid $50 for utilities for May, $100 for utilites for June and $100 for utilities for July ~ None of the bills being shown to be or asked for, just I like I said like to stay ahead, however on Social Security Disability I cannot afford to pay $550 per month rent and $100 for utilites every month and explained this to the two women who are acting as "Landlords" to the rest of us ~

I also paid an agreed upon amount of $300 for a security deposit, this was used by one of the women to buy a computer which I agreed upon and said I would give her another $300 the next day to replace the security deposit money but since I would now have paid her $600 ~ she would owe me $300 ~ We talked and agreed that she would rather than pay me back the $300, put $100 each month starting in August to my part of the utilities, which means I am now paid up till October on the utilities.

BUT recently the two women decided they wanted to either A. Make the two men pay their part of the utilities which neither one can afford and both took their respective living spaces, which in their original "verbal" agreements included utilities (one the living room, the other the garage) or B. Take in another Tenant to share the living room with the one Man who "lives" in the living and is on the lease. When asked how the utilities would be divided, we received vague answers and it "sounds" like as the three of us (Myself and the two men) are paying the WHOLE of the rent ($1200) plus an extra $50 per month between us (Remember Man 1 = $300 per month, Man 2 = $400 per month and myself = $550 per month ~ Total of $1250 when rent is $1200)

I BELIEVE the original landlord has no knowledge of anyone living there but the two women and the one man.

Now today we all got together and talked about the fact that the three of us are paying for the whole rent plus an extra $50 per month and the two women are paying nothing, and we are getting vague answers on how much the utility bills are each month and the splitting of them (It sounds like the two women again want to split the utility bills among myself and the two men and they pay nothing) ~ When questioned about them paying none of the rent and the possibility of them paying none of the utilities they told myself and the three men it was none of our business what THEY paid and if we did not like it when we first talked to them about moving in we did not have to move in (although NONE of this was explained when I first moved in and I don't think it was explained to either of the two men when they moved in either (one came with the two women from an apartment complex they shared) and could find other accomodations if we wanted to move.

Almost forgot about the cable, myself in my room and the man in the living room get basic cable so figured that would be a low cost, only found out today the two women actually have ordered and have a cable box in their room for basic cable plus all the premium channels ~ (Myself and the gentlemen don't get that as we don't have the cable box's just the cables that connect to the TV's) and we brought that up as if we don't get the premium channels (HBO, Cinemax, Showtime, Etc) we should not have to pay for it, their answer was again vague and they would have to "go over the bill"

I guess my question is can they get away with playing "Landlord" and living here for Free paying no part of the rent
or utilities? Or ????????????????

Call me confused in California
Marsha

 

[pojo2]

I wonder if you all are even with in code on this whose sleeping where story.

But having gotten bored long before I let it all sink in my basic response is start looking for another place to live or your next poste will be titled "my room mates are making my life a living hell".

 

[strytus]

MarshaAK,

If i undersand your situation correctly, it seems as if these two woman are playing landlord to the other tenants that live within this property. I'm no expert, but I do understand the basics of landlord and tenant. Now the fact that you agree to paying $550 a month(rent) and however much in utilties is what you agreed upon. They didn't say, OK we are all going to pay the rent evenly at the amount of such and such. They asked $550 a month and you agreed. Now do I think it's unfair, yes. Do I think it's illegal, no.

Now the fact that the these two woman are playing landlord is a bigger issue. Without the consent of the landlord, these two woman are most likely in breach of their lease agreement to the original landlord. Usually, and i stress usually on the lease it says what individual/individuals are suppose to be the tenant/lessee. Also on a standard lease, it also states whether, tenants have the ability to sublet available space or not. now IF they are having two/three people living there that are not on the lease, obviously they are in breach. So to wrap this up, you can tell the original landlord that you think they are treating you unfairly. But he/she is most likely not going to care, but be more upset on the fact that there are more people living there then agreed upon. In effect, you and the two/three other people will get booted out, along with the "real" tenants.

If I am mistaken, please feel free to correct me.

goodluck

 

[MarshaAK]

Things came to a head today

No you are not mistaken and thanks for the answers

Today things came to a head when they told me they are going to have me pay half the utilities with 5 people living here and swear that is the verbal agreement we made when i moved in, i said no it was not the verabal agreement was $550 a month for me and a portion of the utilities and i told them i am on a fixed income and don't have more than $50-75 at the most for my part of utilities, i got the landlords number from one of the guys and called him, and he is going to pay a surprise visit, i talked to him awhile and they are in violation of renting out to people he did not okay, he told me not to tell them, he says what he might do is draw up a new lease with me, lynette, karen and craig on it as mark is leaving in august to go to iraq and the rent will be split four ways and the witches will have to pay their part of the rent which will serve them right

But i also might get kicked out in the street along with them (seems they are also in breach of the deposit and are not far away from getting kicked out themselves)

Now they have threatened to cut off the cable and internet cause i refuse to pay half the rent, the cable is fine, i have like a thousand dvds, the internet i am pissed about but we'll see what happens.

Thanks again,

Marsha

 

[Ohiogal]

Are there separate meters for each tenant? If not -- and IAAL would know better than i about CA which is a land upon itself -- a landlord cannot charge tenants for utilities in many states. It is a violation. You are not responsible to pay the utilities that you do not use.

 

[ENASNI]

Are there separate meters for each tenant? If not -- and IAAL would know better than i about CA which is a land upon itself -- a landlord cannot charge tenants for utilities in many states. It is a violation. You are not responsible to pay the utilities that you do not use.

Ohiobabe, I see where you are coming from but... uh no... there are huge houses out here and a couple of people will rent them saying they like the space yeah man.. I can do my art dude... Then... gather up others under their absent landlords name and do what the "two witches of east hollywood" are doing and fill up the house under their landlord's nose. and live FREE... making sure they do not get anything in writing. It is ugly and mean and a good way to get free housing if you have no soul. I bet these two "(w)itches are probably either gainfully employed and saving up their money or the other (?)... it works both ways... Remember 'tis Cali.

This guy was in a compromised situation, not thinking straight and if could should MOVE... It may not still work in his way when the hammer comes down, as..well who wants to live with two (w)itches who got turned in for making co-tenants when they were not allowed.

I would hide my twinkies and Yoo-Hoo. OOOOHHH YAAA... Find a hidden floor board buddy...

Or better yet... Look to Craigslist or whatever... MOVE!


ps Ohiogal... If IAAL has a fixup for this one I will eat Bart Simpson's shorts... You all may think he has California known like the back of his salad fork but this one is no one liner fixer upper... It is just one for him to make a laugh of and if it is the truth. It is a harsh thing and nothing for anybody to laugh at.
I like you OG... but IAAL is not the ticket here.

 

[MarshaAK]

July 1st

Thank you all for your answers and first I am a girl not a man (grin) ~ Marsha ~ and second, ENASNI has it right about the living here in california, the house to the right of this one has 8 people living in it with one person actually on the lease.

The two witches are totally pissed off cause the landlord came by late yesterday to a. Give them a three day notice cause they still have not paid off the initial deposit and b. Because "I" came upstairs to get a coke from the refrigerator when the actual landlord was here, now the military guy in the garage (also not on the lease) was in the living room also ~ no one told me that the landlord was here I just lucked up and went upstairs~ Well he asked me if I lived there (wink wink nudge nudge as from our phone conversation He knew who I was) as He had also asked Mark (The military guy who He was and did He live there ~ But the two WITCHES (Not knowing I had talked to the Landlord on the phone) are pissed at ME cause I came upstairs and answered His questions honestly and they tried to get the two guys mad at me cause the landlord "briefly" mentioned He would have to talk to His wife about what to do cause she was already pissed off about the late deposit and wanted to get new tenants. He mentioned making up a new lease with me on it and the witches said they would not sign a lease with me on it

(C'mon now this is ridiculous, I have been nothing but good to these people since I moved in, cleaning the house, doing dishes, scrubbing the floors, watering the plants, cleaning up the two witches filth (the two guys are cleaner than the witches) which no one asked me to do but I like to have a nice clean place to live and I have time to do so ~ now the two witches are lovers, live in one of the bedrooms like I said before, one is on disability and has a check coming in every month like i do, her girlfriend "THE WITCH FROM HELL" does not work and can get on disability but is to lazy to get up off her ass and do it, so yes they decided this was "their business (as in a real business" to rent a place, get TENANTS not ROOMMATES although the ad said roommates and get us to foot all the bills.

I have put an ad on Craigslist and am starting to do other things to find a place to live, but like a dummy i shot my own self in the foot by giving them July's rent when I got my check the 2nd week of June (trying to do the right thing and giving them the money for the rent early so I would not be tempted to spend it) and they told the guys if I moved, even last night (June 29, they were not going to give me back the $550 for July's rent, or the $600 deposit I gave them (Remember I originally gave them $300 deposit which was what the agreement was for, then the butch girlfriend wanted a new computer so begged me to let her use that money for a computer, I said okay (SLAP A STUPID SIGN ON MY FOREHEAD) and gave them another $300 that I said don't pay back use towards the August, Sep, Oct my part of the utilites).

The military guy is gone, packed His car with his stuff and travelled back and forth to the base to live on base housing until he leaves for Iraq the middle of August.

Side note and I am in a manic phase so please forgive me, I have loaned the two witches money for gas, cigarettes, etc even though I barely have enough to keep myself in those things, gave them my last four dollars the day my car engine blew up three days ago and had to have it towed away (didn't have to pay them to tow it but they also gave me no money for the car) and said I had to have the four dollars back by the 5th cause I have a Dr's appt and have to take the bus, also loaned the butch girlfriend a carton of cigartettes about 5 days ago ~ AFTER all that happened yesterday she came knocking on my door late last night and asked to buy a pack of cigarettes off me, I said no, she got pissed and said "but we will have to walk to get cigarettes then (They have no gas money for their car) and I said too bad guess what I walk the seven blocks to the bus stop everyday when I need to go somewhere and then have to take no less than 3 buses to get anywhere I need to go, go walk" and shut the door in her face ~ and she got PISSED, like I am SUPPOSED to loan her **** or sell her a pack of cigarettes when they have treated us like tenants all along and not like roommates, only come to me when they need something and then pull that BS about the rent and the utilities..... GO FIGURE..... anyways again thanks for listening, for commenting and letting me vent, have no idea what the actual landlord is going to do, He said He would call me this weekend and call them also, of course they never tell me anything about the household except "gimme, gimme, gimme" so unless I talk to Him myself I won't know anything until we're out on our asses or I am out on my ass, so question time:

1. Who can evict me, The actual landlord or the witches? (Remember no written contract with either)

2. Do they have to give me a Three day notice? 30 day notice? 60 day notice?

3. And if 3 day notice, do I do the regular procedure thing of going to the clerks office, answering the 3 day notice with the paperwork and then wait to go to court or what?

Again Thank you all for bearing with me and god I want out of here so bad it's killing me, I am scared to leave my room for fear my stuff will start to go missing (no lock on my door)

Marsha

 

[seniorjudge]

Thank you all for your answers and first I am a girl not a man (grin) ~ Marsha ~ and second, ENASNI has it right about the living here in california, the house to the right of this one has 8 people living in it with one person actually on the lease.

The two witches are totally pissed off cause the landlord came by late yesterday to a. Give them a three day notice cause they still have not paid off the initial deposit and b. Because "I" came upstairs to get a coke from the refrigerator when the actual landlord was here, now the military guy in the garage (also not on the lease) was in the living room also ~ no one told me that the landlord was here I just lucked up and went upstairs~ Well he asked me if I lived there (wink wink nudge nudge as from our phone conversation He knew who I was) as He had also asked Mark (The military guy who He was and did He live there ~ But the two WITCHES (Not knowing I had talked to the Landlord on the phone) are pissed at ME cause I came upstairs and answered His questions honestly and they tried to get the two guys mad at me cause the landlord "briefly" mentioned He would have to talk to His wife about what to do cause she was already pissed off about the late deposit and wanted to get new tenants. He mentioned making up a new lease with me on it and the witches said they would not sign a lease with me on it

(C'mon now this is ridiculous, I have been nothing but good to these people since I moved in, cleaning the house, doing dishes, scrubbing the floors, watering the plants, cleaning up the two witches filth (the two guys are cleaner than the witches) which no one asked me to do but I like to have a nice clean place to live and I have time to do so ~ now the two witches are lovers, live in one of the bedrooms like I said before, one is on disability and has a check coming in every month like i do, her girlfriend "THE WITCH FROM HELL" does not work and can get on disability but is to lazy to get up off her ass and do it, so yes they decided this was "their business (as in a real business" to rent a place, get TENANTS not ROOMMATES although the ad said roommates and get us to foot all the bills.

I have put an ad on Craigslist and am starting to do other things to find a place to live, but like a dummy i shot my own self in the foot by giving them July's rent when I got my check the 2nd week of June (trying to do the right thing and giving them the money for the rent early so I would not be tempted to spend it) and they told the guys if I moved, even last night (June 29, they were not going to give me back the $550 for July's rent, or the $600 deposit I gave them (Remember I originally gave them $300 deposit which was what the agreement was for, then the butch girlfriend wanted a new computer so begged me to let her use that money for a computer, I said okay (SLAP A STUPID SIGN ON MY FOREHEAD) and gave them another $300 that I said don't pay back use towards the August, Sep, Oct my part of the utilites).

The military guy is gone, packed His car with his stuff and travelled back and forth to the base to live on base housing until he leaves for Iraq the middle of August.

Side note and I am in a manic phase so please forgive me, I have loaned the two witches money for gas, cigarettes, etc even though I barely have enough to keep myself in those things, gave them my last four dollars the day my car engine blew up three days ago and had to have it towed away (didn't have to pay them to tow it but they also gave me no money for the car) and said I had to have the four dollars back by the 5th cause I have a Dr's appt and have to take the bus, also loaned the butch girlfriend a carton of cigartettes about 5 days ago ~ AFTER all that happened yesterday she came knocking on my door late last night and asked to buy a pack of cigarettes off me, I said no, she got pissed and said "but we will have to walk to get cigarettes then (They have no gas money for their car) and I said too bad guess what I walk the seven blocks to the bus stop everyday when I need to go somewhere and then have to take no less than 3 buses to get anywhere I need to go, go walk" and shut the door in her face ~ and she got PISSED, like I am SUPPOSED to loan her **** or sell her a pack of cigarettes when they have treated us like tenants all along and not like roommates, only come to me when they need something and then pull that BS about the rent and the utilities..... GO FIGURE..... anyways again thanks for listening, for commenting and letting me vent, have no idea what the actual landlord is going to do, He said He would call me this weekend and call them also, of course they never tell me anything about the household except "gimme, gimme, gimme" so unless I talk to Him myself I won't know anything until we're out on our asses or I am out on my ass, so question time:

1. Who can evict me, The actual landlord or the witches? (Remember no written contract with either)

2. Do they have to give me a Three day notice? 30 day notice? 60 day notice?

3. And if 3 day notice, do I do the regular procedure thing of going to the clerks office, answering the 3 day notice with the paperwork and then wait to go to court or what?

Again Thank you all for bearing with me and god I want out of here so bad it's killing me, I am scared to leave my room for fear my stuff will start to go missing (no lock on my door)

Marsha

Move.

Today.

 

[MarshaAK]

~ Can't ~

Thanks but I cannot move today ~ as I said I was stupid and gave them July's rent ahead of time, my next check comes July 12th THAT is the first day I would be able to move "IF" I can find someone to let me move in for $550 or less without a deposit or anything, if I cannot and need a deposit then will have to withhold my July Check, not pay August rent or none of the utilities until I get my August check on August 9th and then find someone to rent a room to me, also I have no car and no extra money to pay for a rental van or anything, no family and no friends that can help so am putting in all my ads for a room needed I will need help moving also (I don't have that much stuff). I have not a penny to my name right now.

Marsha

 

[ENASNI]

Marsha Marsha Marsha... lovey.. try to what you can do to move yesterday.. Your stuff will be gone your mood will be moving but you still got your guts with you today.. You still got it TODAY.. you KNOW what is going on Shoot girl... even a hostel might be better... I hate to say, but these chicks are predators (sp)( spell check is off today for the weekend sorry) 4th of July . Everything needs a break. Sigh.

You never said what the landlord said about the lease. or did you? Look I really feel for you and It seems hopeless, but hang in there kiddo. It will come out okay, just believe in it.

I do not think the roommates can give you a three-day. But I am not sure of your status? It is incongruous with the usual 3- day that I am used too, so I am not sure how to deal with it. I never knew if the landlord said if they could take co-tenants.

Like I said first and the Senior judge made a second on .. Move Lovey.. Move.. I know it is hard.. But find the funds.. I did. It Was HARD_ But I did.

I really had it hard...

 

[MarshaAK]

Unknown status

The landlord has not given an answer what He is going to do yet, The lease says NO SUBLEASING and He is pissed, either going to raise the rent, kick me out or kick everyone out.

So again anyone know about the 3 day? 30 day? thing in my case

And thank you so much (crying because of the situation and your kind words, i can't call any of the agencies until Wednesday to TRY and find something cause all of them are closed Monday and Tuesday (I am on disability cause of bi-polar as I said before) and I have NO friends and no family, so I am really and totally stuck AT LEAST UNTIL WEDS, if not until the 12th of July or the 9th of Aug.

Marsha

 

[MarshaAK]

Whoever Reads This Help Needed Now!!!!

Just talked to the Landlord, He is the three people on the lease a three day eviction notice to either take care of the situation (I.E ~ Kick me out) or He will start eviction on them.

What is California law on subleases when it is against the tenant/landlord agreement and the tenants have violeted that as far as myself, do the tenants serve me a three day notice, i respond and then get a thirty day notice or can they just kick me out in the street?

Please help, I am getting calls on my ads for a room to rent but again the first bit of money I have coming to me is July 12th so I need to know now, even though my rent is paid up through July, they will not give me that money back nor will they give me back the $600 total in deposit, hell they just told me they will not give me back my last $4.00 they borrowed from me last week when I told them I need it back for my bus fare to my Dr's office.


HEEEEEEEEEEEEELP Please I am having panic attacks here

 

[MarshaAK]

Beyond ridiculous now

It's me again, Marsha, the latest saga of the drama:

David an old old old friend i had lost touch with called yesterday and i explained my situation , he told me no problem, move in with him, have to wait till i get my disability check on the 12th of this month to so as it is too late to put in a change of address for the check and the two witches will probably try to fraudulant cash it or just tear it up but boy are the witches here going to be pissed when He comes to move me out on the 15th. cause that's when they think i am giving them my rent money and they are planning on using $200 of that to pay the rest of the deposit

Last night we all sat down and talked ~ no drama, no screaming no yelling, and craig the guy on the lease with the two girls was ready to walk right now until they reminded him he is on the lease, has to give 30 days notice and has to pay this months rent which he has not, like i said the other guy not on the lease took off last friday and is now living on base without giving the girls july's rent which leaves them $400 short on the lease plus craigs $300, well craig said give it to me in writing that you will have the rent and the late fee to give to the landlord tomorrow (today) and i will give you my $300, which apparently brings the two witches up to $200 needed for the rent and $200 for the rest of the deposit, they are going to TRY to pawn a bunch of stuff today to get the $200 for the rent and are counting on my money in the middle of the month for the $200 deposit


Do i really look like a idiot the way they have screwed me over and then talked to me after all i have done for this house? (btw, i no longer clean up ANYTHING but my room, even leave my dishes for them to clean lol) and and now they wanted me to agree (which i did but i lied) grin, not to press the issue of getting on the lease and staying here illegally and it's the same situation as before even though they played nice nice during the talk last evening ~ serves them right when they see me coming up and down the stairs with my stuff piling it into davids truck or uhaul or whatever he is going to use ~ i am usually such a nice person, but they pissed me off but good and i may forgive but i don't forget and like they say "screw me once, shame on you, screw me twice, shame on me" and I am NOT giving them the second chance to screw me

I have no lease with the original landlord and acutally am here illegally since the two girls and craig (i feel sorry for him) moved me in with their lease stating "NO SUBLEASERS OR SUBTENANTS) and I have no lease with the two witches, I paid them my July rent from July 1st-31st on June 14th, what they did with the money is their problem as i gave it to them for rent ~ Now i know i will have to eat the rest of July's rent from the 15-31st and the $600 deposit as they will NEVER give that back to me but THANK YOU GOD, the clouds are parting and I have peace of mind and soul and am getting away from here.

David is coming today to pick me up and take me to his place overnight to get me away from the stress and is bringing a keyed lock to put on my door so they cannot get into my place while I am gone overnight.

Thank you everyone who had encouraging words, advice and had me in their thoughts and will let you know what exactly happens when I move out (WEG)

Have a Great Fourth of July everyone, as I will not be near a computer tomorrow.

Marsha

 

[MarshaAK]

Forget everything i said in last post



My friend came and took one look at me, took him an hour to get him in the house, then told me i had gotten heavier and he and his kids had a problem with that so he was going to go talk to them tonight and let me know (am crying) so i am home and still looking for a place

 

[queenofsand]

Marsha. Breathe. Again. Repeat but not to the point of hyperventilation

I can only imagine the depths of your despair.

Dust yourself off and hit the phones bright and early Wednesday morn.

Meanwhile, search the phonebook and google your fingers to the bone looking for community action agencies, ministerial alliances, MHMR agencies, and homeless shelters in your area. Some of these organizations have funds for people in dire straights. They network like their lives depend on it. Somebody, somewhere will have contacts, advice, encouragement or point you in the proper direction.

Until then, consider me your cheerleader! Go Marsha Go!!!

On the homefront, make them think you are moving out. Get boxes. Pack. Make trips to the dumpster. They cannot put you on the street. Only the court can evict a tenant. That's not going to happen this week.