My boyfriend, son and myself have been renting a room and paying our roommate who is actually on the lease. Originally we were told we could stay as long as we like for free if we were to paint her apartment and then she said we could move in after all the painting was done and i was told the rent was due on the 9th when we moved in and it was paid, its now the first. During this month she has flat out asked me to sleep with her on 3 different occasions, and I turned her down nicely. Now out of the blue she texted and said she wants us out and she is evicting us on the 5th whether we pay the rent by then or not but if we dont she will evict for nonpayment and the eviction process will be faster. My question is do I still have to pay her in order to have 30 days since she told me shes evicting me with or without the money? And can I argue sexual harassment and that she told me rent was due on the 9th? What about the work that was done when we moved in?Ive been nothing but pleasant with her and ive done everything shes asked so that this wouldn't happen, all the bills have been paid, but the agreement was verbal. Please help, i have a little boy and I'm being screwed over so bad!
Nothing available to you will stop your eventual leaving the apartment. So, what are you really looking to accomplish? If she wants you out, tell her a date certain you will be out and then follow through. Go find a new place, even if it is a motel for a while.
No, you do not need to pay to get that 30 day notice. It is automatic. But if you fail to pay it gives her better leverage and leaves you owing her. You would have to sue her to make any part of your story work to stop that debt.
I agree that you cannot stop the eviction- no matter how inappropriate her reasoning. You may have a separate claim for the work your performed and may have a claim against her for her conduct- although advances alone would not be sufficient to warrant such a claim. Consult with an attorney to review what potential claims you may have.
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