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Do i have any hope of lawfully staying in this rental unit without making a mess of my TRW report?

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whowetalkinbout

Junior Member
What is the name of your state?California

I moved into a place when a friend of mine found her previous roommate was not going to pay the rent one month. I pay half of the utilities, and I am not sure what she pays the property management for rent as I only know she pays only part because she is in a rent subsidy program.
She immediately fell ill a day or two after I moved in, I called 911 and she remained in ICU for two weeks with a horrible pneumonia, she was asleep for well over a week because they induced a coma like situation.
After she recovered, I kinda ended taking care of things around here. About a week ago, she drops dead in her bed. So, I get a call from property management saying I have 21 days to move out.
I have my teenage son that lives here, too...whom I am trying to keep interested in this "distance learning" and that is even harder than getting him to go to school!
I think this management is full of it, I have never received any papers, i was hoping to pay the rent and continue here, for so many reasons...
I mean this Coronavirus is making things hard on everyone, I realize this...but what the h*ll???
 


Zigner

Senior Member, Non-Attorney
You need to start finding a new place to live. The 21 day notice from the management company nay not be valid, but they will figure it out and give you proper written notice before too long. In any case, you are likely not supposed to have been there since the tenant was utilizing a rental subsidy program.
Find a new place to live sooner than later so that you're not scrambling at the last minute.
 

Eekamouse

Senior Member
Your problems with your child have nothing to do with your living situation so I don't know why you even brought that up. You didn't go through the proper channels with the property management company to be living there legally so why do you think you should be allowed to continue living there now that the lease holder is dead? smh
 

zddoodah

Active Member
You didn't ask a question (other than "what the h*ll"), so I'm not sure what sort of response you're seeking or expecting.

You and your son appear to be subtenants of the now deceased tenant. Whether or not it was a breach of the lease for that subtenancy to exist isn't apparent but also isn't terribly relevant.

You can't be evicted based on telephonic or any other verbal notice. A written notice (either 30 or 60 days) is needed, and that's even without a COVID eviction moratorium. What county is this happening in?

Also, please answer the very good question asked by "adjusterjack."

You didn't go through the proper channels with the property management company to be living there legally
And you know this how?

why do you think you should be allowed to continue living there now that the lease holder is dead?
An incredibly irrelevant question.
 

FarmerJ

Senior Member
Whowe im going to guess there may well be a waiting list of prospective applicants in need for this kind of housing. As you may know now what you want for a outcome is not likely to happen , most landlords dont tolerate subletter take overs. The thing here you want to avoid is the landlord having to file with the court to ask for you to be evicted because you refused to move out . What happens is the filing becomes public information and data harvesting companies will find out and re sell the information to landlords who use their services to screen tenants and in many locations that kind of filing will be enough a reason to refuse to rent to a applicant since landlords often take the view that history could repeat itself on them with the same applicant refusing to leave later on. ( I assure you its likely that the LL will follow up the verbal notice to leave at some point with a written notice.
 

whowetalkinbout

Junior Member
When you said that to the property manager, what was the response?
"None of the factors apply when the owner wants to move into the place." There was a lease, and considering the coroner hasnt ruled out covid being the reason for her death...I was told we need to self quarantine until the cause of death is certain.
The owner wasnt going to be able to move in while my roommate was alive...I see no where in the lease that says she cannot have roommates, I have been getting all mail here.
 
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whowetalkinbout

Junior Member
Whowe im going to guess there may well be a waiting list of prospective applicants in need for this kind of housing. As you may know now what you want for a outcome is not likely to happen , most landlords dont tolerate subletter take overs. The thing here you want to avoid is the landlord having to file with the court to ask for you to be evicted because you refused to move out . What happens is the filing becomes public information and data harvesting companies will find out and re sell the information to landlords who use their services to screen tenants and in many locations that kind of filing will be enough a reason to refuse to rent to a applicant since landlords often take the view that history could repeat itself on them with the same applicant refusing to leave later on. ( I assure you its likely that the LL will follow up the verbal notice to leave at some point with a written notice.
Which is basically what I am trying to find out. It isnt worth wrecking my credit over. It may be difficult to find a place to move into while self quarantined...I dont need an eviction. But I do not want to take this guys word as gospel, he calls up and starts out with "okay, here is what is going to happen.. you gotta move out so the owner can move in...so, how about you clear everything out of there by the second oc October. So now I have to move her shit out and have it ready for an owner that couldn't have taken possession before, because there is a lease...?
 

whowetalkinbout

Junior Member
You didn't ask a question (other than "what the h*ll"), so I'm not sure what sort of response you're seeking or expecting.

You and your son appear to be subtenants of the now deceased tenant. Whether or not it was a breach of the lease for that subtenancy to exist isn't apparent but also isn't terribly relevant.

You can't be evicted based on telephonic or any other verbal notice. A written notice (either 30 or 60 days) is needed, and that's even without a COVID eviction moratorium. What county is this happening in?

San bernardino county

Also, please answer the very good question asked by "adjusterjack."



And you know this how?



An incredibly irrelevant question.
 

LdiJ

Senior Member
What is the name of your state?California

I moved into a place when a friend of mine found her previous roommate was not going to pay the rent one month. I pay half of the utilities, and I am not sure what she pays the property management for rent as I only know she pays only part because she is in a rent subsidy program.
She immediately fell ill a day or two after I moved in, I called 911 and she remained in ICU for two weeks with a horrible pneumonia, she was asleep for well over a week because they induced a coma like situation.
After she recovered, I kinda ended taking care of things around here. About a week ago, she drops dead in her bed. So, I get a call from property management saying I have 21 days to move out.
I have my teenage son that lives here, too...whom I am trying to keep interested in this "distance learning" and that is even harder than getting him to go to school!
I think this management is full of it, I have never received any papers, i was hoping to pay the rent and continue here, for so many reasons...
I mean this Coronavirus is making things hard on everyone, I realize this...but what the h*ll???
Have you tried discussing this with the landlord? You won't be able to pay the subsidized rental amount but perhaps the landlord would be willing to give you a lease?
 

Eekamouse

Senior Member
Which is basically what I am trying to find out. It isnt worth wrecking my credit over. It may be difficult to find a place to move into while self quarantined...I dont need an eviction. But I do not want to take this guys word as gospel, he calls up and starts out with "okay, here is what is going to happen.. you gotta move out so the owner can move in...so, how about you clear everything out of there by the second oc October. So now I have to move her shit out and have it ready for an owner that couldn't have taken possession before, because there is a lease...?
There is no lease once the lease holder has died.
 

Zigner

Senior Member, Non-Attorney
Which is basically what I am trying to find out. It isnt worth wrecking my credit over. It may be difficult to find a place to move into while self quarantined...I dont need an eviction. But I do not want to take this guys word as gospel, he calls up and starts out with "okay, here is what is going to happen.. you gotta move out so the owner can move in...so, how about you clear everything out of there by the second oc October. So now I have to move her shit out and have it ready for an owner that couldn't have taken possession before, because there is a lease...?
You don't have to move any of her stuff and, in fact, it is improper for you to do so, as you aren't the representative of her estate.

Your stuff...yes, you need to move it out. Maybe not by early October, but you WILL need to move it out.
 

FarmerJ

Senior Member
No matter what the landlord says you actually should at the most take pictures of her things and if you know how to reach a relative of hers such as a adult child or sibling parent then at least tell them they should make arrangements to get her things out in order to sort it and find things like family photos etc. If you did it then heirs could go after you for disposing of her things If you had to perhaps you can call social services to see if they can assist you with a motel room for a month and put most of your things in a self storage , but going back to the LL no matter what LL says its not your responsibility to move her things.
 

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