Very unique situation

[Krys10ks]

What is the name of your state (only U.S. law)? I rented a trailer in south carolina with my mother in September of 2015, the landord did not give us a lease. She was supposed to get a job but never did. I have been paying 100% of the rent and utilities since. (The utilities are in the landlords name he would not transfer them) she has since entered into a relationship with the landlord (he comes and goes as he pleases, eats dinner here everynight and sleeps here 4-5 nights a week) on January 11th i gave him my 30 day notice. If i do not pay the rent or utilities for the last 30 days does joint and several liability imply that shes is responsible for what is owed? And if she sues me in small claims court can i counter sue for her part of the rent from the last year.
Also i gave my 30 days due to unhabitable living conditions. The landlord has 25 cats on the property and there is feces (and overwhelming smell) all over the yard and inside the rental due to his cats and her dog (i do not own a pet). There is a pool (which was put up and plugged into the rental without my consent) full of stagnet water in the front yard. there is no insulation in the house. The only source of heat is from a space heater i had to purchase myself

Also he has been unscrewing the lightbulb on my front porch leaveing me to trip and fall trying to get home at night. And has done something to the livingroom light so that it wont come on at all. The trailer has horrible electrical problems (constent surgeing and flickering).

Im leaving the situation but i have to survive the next 24 days.

 

[Gail in Georgia]

If you do not have a written lease with this landlord, you are considered to have a month to month lease (in some states known as a "tenancy at will"). All this requires in your state is a 30 day written notice on the part of either party to terminate this type of lease. No reason for terminating this type of tenancy need be provided.

You would still owe rent for those last 30 days. If you do not pay rent after you have provided this notice your landlord can consider filing against you for an eviction due to failure to pay rent. If he does and continues with this he will win his case and this judgment will go on your credit history for a number of years, often making it difficult for you to find suitable rental housing in the future.

Would your mother be responsible for her share of the rent? Of course. Do you think (from your description of how cozy your landlord has become with your mother) that he is going to sue her? Doubtful. You are the one with the deep pockets here.

You can certainly sue your mother for her share of the rent she has not paid but if she has no job just how do you expect to get any judgment if you win. The court may provide you your judgment but it will still be up to you to collect these funds.

Gail