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What are my rights?

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Eekamouse

Senior Member
When I said "she", I meant Brindle didn't pay rent. Brindle also doesn't have a job so Brindle is pretty f'ed right about now because how is Brindle going to be able to find a place to live if she is not working and has no income?
 


Brindle

Member
When I said "she", I meant Brindle didn't pay rent. Brindle also doesn't have a job so Brindle is pretty f'ed right about now because how is Brindle going to be able to find a place to live if she is not working and has no income?
Right I didnot pay rent to my grandmother. And I was laid off in December, waiting for unemployment right now. So are they right about the single lodger thing and only three days
 

Eekamouse

Senior Member
Right I didnot pay rent to my grandmother. And I was laid off in December, waiting for unemployment right now. So are they right about the single lodger thing and only three days
You were laid off in December but still haven't begun receiving unemployment? How's that work? I thought when a person gets laid off, they automatically are eligible for unemployment benefits. I could be totally wrong about this but that's my understanding of unemployment benefits.
 

Brindle

Member
I was laid off right before Christmas, and I applied online 2nd week of january. I feel the same way, but all they could tell me is they are behind. My phone interview did not get scheduled until the 6th of February. Then 7 to 10 days after that I am due to get my paperwork in the mail. Sorry, but do you have any other information about what we were talking about? About the single lodger thing and 3 days? That's what I was inquiring about.
 

justalayman

Senior Member
When I said "she", I meant Brindle didn't pay rent. Brindle also doesn't have a job so Brindle is pretty f'ed right about now because how is Brindle going to be able to find a place to live if she is not working and has no income?
I was trying to confirm the no rent issue. Nothing more.

Since brindle didn’t pay rent she wasn’t a single lodger. She was a resident of the property.

Even if she was a single lodger she would be due more than three days, based on what has been stated here. I’ve found nothing that would support a period of only three days notice. There is a requirement to provide the same amount of notice as the rental period. If one doesn’t pay rent, it’s hard to say it should be any particular length of time and that shows the single lodger issue doesn’t fit.


I see no lawful right to remove brindle without an unlawful detainer action which cannot be brought until brindle has been served properly. If she has been served and refused to leave, the trustee would then have to file an unlawful detainer suit and seek the the eviction of brindle.


The problem; apparently the police have now taken it upon themselves to make the legal determination of brindles status and have concluded she is a single lodger. If they are willing to physically remove brindle there isn’t much brindle can do to prevent being removed without getting into court before they come back.
 

Brindle

Member
Th
I was trying to confirm the no rent issue. Nothing more.

Since brindle didn’t pay rent she wasn’t a single lodger. She was a resident of the property.

Even if she was a single lodger she would be due more than three days, based on what has been stated here. I’ve found nothing that would support a period of only three days notice. There is a requirement to provide the same amount of notice as the rental period. If one doesn’t pay rent, it’s hard to say it should be any particular length of time and that shows the single lodger issue doesn’t fit.


I see no lawful right to remove brindle without an unlawful detainer action which cannot be brought until brindle has been served properly. If she has been served and refused to leave, the trustee would then have to file an unlawful detainer suit and seek the the eviction of brindle.


The problem; apparently the police have now taken it upon themselves to make the legal determination of brindles status and have concluded she is a single lodger. If they are willing to physically remove brindle there isn’t much brindle can do to prevent being removed without getting into court before they come back.
Thank you so much for that info. I am going to look up attorneys in my area and see about sitting down with someone tomorrow.
So you're saying they could still remove me in three days and I can take it to court right? And if I take it to court and prove they unlawfully evicted me, do you think I will be compensated in some way? There's a big difference between sixty days and three.
 

justalayman

Senior Member
socally
Th

Thank you so much for that info. I am going to look up attorneys in my area and see about sitting down with someone tomorrow.
So you're saying they could still remove me in three days and I can take it to court right? And if I take it to court and prove they unlawfully evicted me, do you think I will be compensated in some way? There's a big difference between sixty days and three.
I don’t see 60:days. 30 as I provided support for previously

If the cops won’t physically remove you you simply refuse to leave. If you believe they will physically remove you, which i believe they would since refusing to leave as a single lodger, you would be committing a trespass and subjec to arrest.

You would need a court injunction to prevent them from moving you as I see it
 

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