Can she make me pay

Inverness, FL · Member since 2016 · 2 posts · 0 votes

Hello! Thanks for taking the time to read this. Here it goes.

About 3 years ago, my husband and I (along with our kids and dog) moved into my parents home. My parents rent and the landlord was well aware that my family and dog were living there and had no problem with it. She even entered the house and spoke with me. In March the landlord sent a letter stating that I've been in the house too long and they were going to raise my parents rent (they are month to month, although they have been living in the house since 2010). I already pay my parents rent and agreed to pay my parents the additional $45 as it was mine. Mind you I have NO lease with the landlord. The landlord also said she now wants a pet deposit for my dog, despite my parents already paying for one for their dog and the landlord knew I had a dog and didn't mine. Last week the landlord set another letter stating this time that she was going to increase my parents rent again and then she was going to charge me and additional $300. I have no lease with her, can she make me pay for this. I already pay my parents rent and now she wants me to pay her. I'm in the process of moving out, but having a hard time finding a place. I'm hoping I can move out before the 1st, but if for some reason I can't, can she legally make me pay her?

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Nicole A.Pro Member

Rental Property Investor · Baltimore County Maryland and Tampa Florida · Member since 2013 · 2k+ posts · 2k+ votes

10y

@Matthew Kreitzer, @Nick Sabat, and whoever else debating the attorney thing... I suggest that this debate ends and to keep this thread on topic. These forums are for giving advice, and that is what is happening here. Getting advice does not mean that one should not do their own research and reach out to an attorney if needed; that is a given.

On this forum, people will continue to give advice from their knowledge and experience. Many of them in fact do give wonderful advice despite not being an attorney, especially if they know the poster's area. It is not your job to continually discredit people's knowledge and experience. We are all here to help each other.

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James DeRoest
Investor · Century, FL · Member since 2015 · 950 posts · 603 votes
10y
Yes they can as there is no lease. If it makes you feel better, most landlords are barstewards.
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Mike Hanneman
Investor · Coeur d'Alene, ID · Member since 2016 · 551 posts · 218 votes
10y
Being there is no lease in place when she tells you what the increase rent and pet fee will be and you pay you are agreeing to her terms. As long as there is no lease in place she can come up with any fee/scenario she wants, within the letter of the law. She obviously doesn't want you and the dog there and is trying to price you out of her property.
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Wes Brand
Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
10y
If you care look up the law in your city. Some cities impose rent increase limits(rent control, I don't think that applies in FL), but more likely there are limits to how often the rent can be raised in a given time period. I don't know your area, but if it matters you should know your rights. Additionally many cities have a free or low cost tenants rights hotline that you might want to search for.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
3 years - it seems to me, that something went wrong over the course of three years. Either the property is being damaged by animals or kids.
Personally, I think the landlord was more than reasonable. She could have raised the rent the minute you moved in. What is it you are not saying here?
Assuming she wants an additional pet deposit, I would say she smelled or saw something alarming and it caused her to wake up and do what she should have done years ago.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
Note to Landlords: This is a caveat - I would say this is a case of free loading children. While the poster says she pays the parents rent, she doesn't say how - with the parents retirement income? Also, noted here is that the "landlord" said she was in the house "too long", which seems to me that there was a comment made about a "temporary stay" until the "adult child(ren)" and their children and dog, found their own place.
I would think there was damage done, probably by the animals - either dander or feces or urine or even scratches to the doors or walls. Something happened. And with Adult Dependent Children, it is usual for them to be uncaring - the property is not theirs, they believe that a landlord has no legal basis to go after them. Not True.
You destroy anyone's property on the lease or not, you can be sued for destruction of personal or real property. The parents can also be held liable, for failing to stop such acts of vandalism. Like I said, just a note and a warning - when someone you rent too, moves someone else in, immediately raise the rent - put limits on how many pets are allowed and if, more are wanted or moved in, immediately ask for a larger pet security deposit.
I had this happen to me - I rented to an adult male, with an adopted son - a few months later, I noticed an older woman there. Then her daughter with her four children. My property started to get destroyed - I raised the rent and asked for a larger security deposit - he complied. When they moved out, I had a lot of work to do.
What I should have done, is like someone pointed out - raised the rent so high as to make people want to go somewhere else immediately.
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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
10y
I'm not a lawyer, no legal advice, except to tell you that there usually are low cost or free legal advice forums or hotlines listed for your specific area when you look up your area landlord tenant act, which you should read through and then speak to someone on there regarding your specific situation. You may think you have no lease with her, but it very well could be that you've established some form of legal tenancy just by living there, so finding out where you stand legally is a good starting point.
Also, reading through your parents' lease may be helpful, as there is usually a guest policy. Mine specifically states the people on the lease only may live there, no one else, and has exact number of days a guest is allowed without obtaining written permission from me. I leased my home and screened the people listed on the lease and had them list any dependents living with them in the lease from the start. And that is who should be there, not their extended family, friends, etc., and I expect the tenants to honor that.   And my pet policy specifically states name, age and breed of the one pet I allow and requires current pet records, insurance liability, etc., and forbids any other pet, including "guest" pets or pet sitting of any kind. Your parents' lease may contain similar restrictions that they may have violated allowing you to move in.
It sounds to me like your parents' landlord has been extremely accommodating over the years, much more so than most would be if an existing tenant moved in extra people and a pet without prior permission. If your parents are on a month-to-month, she is likely well within her right to simply give 30- or 60-days' notice to vacate for all of you, parents included, unless your area has any restrictions on that. She is probably trying to avoid that step as she doesn't want to force your parents to move or doesn't want a vacancy but also doesn't want all the extra wear and tear and potential damage caused by so many extra people/pets living in the home that she didn't count on when she rented to them.
FInding out your standing and rights and having a better understanding of the landlord's viewpoint may help you develop an alternative that works for all parties involved.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
@Wes Brand @Lynn M. - I really do not think this person wants to bring in any sort of Tenant Attorney. Going to get legal on this landlord can bring a lot of legal backlash to this poster.
Here are the assumptions - the parents rented a house/apartment - they got a one to two bedroom - assuming they are up there in the years, I do not see them getting any larger of a home. In moves the "adult child" with husband, kids and a dog - 3 years ago.
Now, the next thing is, these "grandchildren" are now 3 years older and under any law, if a boy and a girl, they must have their own separate rooms by now. Causing this landlord any type of legal grief may cause this woman to vamp up her game plan and that is to get this person, her husband, kids and her dog out of her property.
Note that the landlord raised the rent $300 dollars per month - means she is serious about getting paid or getting someone out of her property. She has other options, not used yet - bring in children protective services and county health inspectors. Something, I do not think this person/poster wants.
The best bet for this poster is - is to do what she should have done, 2 and one half years ago, secured her own place, with her own husband and kids and dog.
We all wanna save money or we all wanna blow it the way we can - but in this world we can't! There was or should have been four incomes, the mother and the father, original renters - the daughter and her husband. Let's assume minimum wage - $5 per hour, years ago and retirement checks - $650 3 years ago.
Rent, say $650 - that's the parents check(s). $40 a day, 21 days a month - $840 x 2 = $1680 a month. Outside of utilities, all disposable income. Who should have saved to get their own place? Sorry, no legal standing and again, this is not the route this poster wants to go - getting legal on someone.
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Lynn McGeein
Real Estate Agent · Virginia Beach, VA · Member since 2012 · 2k+ posts · 1k+ votes
10y
@Nick Sabat calling a tenant hotline and finding out your legal standing and knowing what your actual rights are is not the same as "get legal on this landlord." Making informed decisions based on knowing what your actual rights and responsibilities are by speaking to someone who actually knows the local law and tenants' rights has to be better than just assuming you have no legal agreement with this person so don't have to pay rent or that you're not obligated for damages to the home, etc. I do not believe a tenant is required to tell the landlord she called the hotline, but she can use the information she gets there to help her resolve her problems and have a better idea of what her real, legal alternatives will be if she can't come to an understanding with the Landlord.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
@Lynn M. I am sure you have offered a suggestion in a caring manner - but this is a case all too often seen in the Real Estate Rental Business - you rent to someone and in moves a million other freeloaders.
They have their own incomes and spend it recklessly or not caring about much of anything but themselves. The parents loving as they are do not say anything and allow it to happen - that is, the children and their children leaching off them and taking advantage of them.
The landlord is well within her rights, raising the rent to a level she feels accommodates their use of her property. Too many people and too many pets in it. She probably feels sorry for the parents and is doing what the parents should have done - getting the daughter and her broad out. Or making it so costly so that they all go.
Again, it seems this person is asking a legal question and wants a legal answer: Can this landlord do this? Without the word legally, which no doubt can be assumed. The best suggestion to this person is, pay up or get out. It should have been done years ago. No more taking advantage of the parents or the property owner - time is up. That's it in a nutshell.
Next, the answer is, the landlord did not have to offer an alternative - she could have just evicted the whole lot of them for whatever reason she wanted. Simply put! Sorry if this goes against yours or anyone else's grain. And to suggest this woman go seeking any further answer to her not so legal question is asking for more trouble, in my opinion.
Here's a challenge - ask this poster how much she and her husband have saved up over 3 years living with her parents - if the answer is $2,000 or more, then her problems are solved, she has enough to go by the first. If not, then there is a really serious problem here and it ain't with the landlord raising the rent exorbitantly! Along with other reasons I stated, this person does not want to get legal on this landlord, she can just evict.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
@Lynn McGeein here's another example - a woman moves in, with her grandchildren, the mothers soon come.
They (the daughters) cause a lot of trouble with the neighbors. The landlord evicts only them. They return (sneak back in) to the property and the mother says nothing. The police show up and arrest the daughters for trespassing. The landlord called them (the police).
The girls are fined. They sneak back in. The landlord evicts the whole lot of them. Do you blame the landlord?
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Justin Fox
Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes
10y
What you need to do is take all that money you've responsibly saved and rent your own place, before you get your parents evicted.
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Steve Vaughan
Rental Property Investor · East Wenatchee, WA · Member since 2014 · 10k+ posts · 16k+ votes
10y
I've had to include an 'additional persons' paragraph in my lease to address this very thing. Any additional person that stays longer than 10 days requires an additional $100/mo in rent. Especially if it's in a multi where I am covering the water bill.
I also have had to address any surprise animals with a massive fee and pet rent clause. Tired of discovering new furry friends that are being 'watched for the weekend'.
Wonder how many kids we're discussing here? I'm guessing 3. Does the OP disagree that 5, 7, 9(?) additional people and more pets are not harder on a property than just 2? I try and be a nice guy and all that, but no way I would be okay with an entire additional family occupying my little rental for 3 years. Your parents' landlord has been more than fair and reasonable, IMO @Emmanuella Broadhurst. Time to leave the nest already!
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Wes Brand
Investor · San Francisco, CA · Member since 2016 · 314 posts · 153 votes
10y
@Nick Sabat everything you've said is against the law in certain jurisdictions. If you tried it you'd get fined pretty severely. Here in SF tenants are legally allowed to sublease to anyone per the landlord's written approval(no matter what you say in the lease) and the lack of creditworthiness is not an allowed reason to reject a sub-tenant. Pets must be allowed if they're registered as a 'help' animal(I refuse to say service for the emotional support hamster). Further, direct dependents have additional 'advantages' that make it harder to refuse them. Occupancy limits must still be observed, however. Now, SF is pretty far on the tenants rights side of things, but I do not know where her city falls, hence my suggestion to find out her legal rights.
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Emmanuella Broadhurst
OP
Inverness, FL · Member since 2016 · 2 posts · 0 votes
10y
Hello! Original OP here!
Let's clarify somethings here! First, we're not freeloaders. My daughter was born with medical issues and my mom's a nurse, made sense to move in. NOTHING was done by the landlords back! The landlord was fully aware and agreed to allow us to move in, including the dog. There is no damage to the house. We maintain the house and have even made upgrades (with the landlords permission of course). I DO NOT pay the landlord rent--never have...NOW she wants me to. I pay rent TO me parents. My parents pay their landlord and and pay rent TO them. I AM moving out, but I cannot afford to pay rent twice (my parents and now to the landlord) and then an additional third time (new house) if I'm not out by the first, that was my question. A lot of assumptions are being made, but no one is answering my question. I WILL be moving out, I've been actively trying to move out since the beginning of the year. We live in a HOA and we've never had any issues. The neighbors are my parents friends. If you're going to continue to judge a situation you don't know and not read the facts, don't both commenting. I don't want my parents to get kicked out, that's my biggest concern, they have no where to go. I cannot afford to pay rent three times, can she make me pay her, even though I have no lease with her and have never had to pay her rent before? That is my question.
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Mike Hanneman
Investor · Coeur d'Alene, ID · Member since 2016 · 551 posts · 218 votes
10y
See my post above^^^
Also check your state specific "landlord tenant laws" as every state is different.
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Matthew Kreitzer
Attorney · Winchester, VA · Member since 2015 · 726 posts · 387 votes
10y
Good afternoon Emmanuella:
Word of caution, do not take any answers you are getting from someone who is not a licensed attorney. You actually have a rather complex case that deals with different aspects of the law. I think you do have a very interesting question here; To what degree can a third party surety/gaurantor be held responsible on a debt based on prior course of dealing where there is no contract in place? Alternatively; at what point does a tenancy at will come into play, and what are the notice requirements under the relevant law? You want the appropriate answer? Do NOT listen to anyone who has posted thus far. They are misreading the situation and the central legal issue.
What you need to do is seek out a Florida attorney to answer this question. You may very well be on the hook depending on local case law. I am not a Florida attorney, so I cannot provide an answer. I will say that you *could* be liable if this were a Virginia case, but even then, there isn't enough information to answer this from a legal perspective.
I feel sorry for your parents that they are the victims of such gratuitous rate hiking because you were trying to help them out. Seek out the local legal aid society for a thorough review of your facts and to determine whether you are liable based on prior dealings, and what rights your parents have by virtue of the unique facts of this case. An attorney would need to review your Parents' lease, the HOA documents, and any other information they deem important.
To everyone else; Unless you're familiar with Florida's treatment of the various Statute of Fraud issues at play and the common law cases related to this fact pattern, stop answering.
Disclaimer: Not legal advice. Each individual's case is unique and requires independent legal counsel.
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Crystal H.
Flipper/Rehabber · IA · Member since 2015 · 157 posts · 35 votes
10y
Since there is no lease that makes a difference. I include an additional person/pet clause in all my lease agreements that if a person moves in the tenants owes an additional $200 per month in rent. And the agreement is with the tenants if the "guest" stays past 45 days. That includes an additional non-refundable pet fee. FL Statutes has an entire section for tenant laws. I provide all my tenants with a copy. You can find it online very easily.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
@Wes Brand @Matthew Kreitzer @Emmanuella Broadhurst - First Wes - I don't think anything I said is totally against the law - I did not give any legal advice and not everywhere is there limits on rent increases - In most areas, I know of there are none. To Matthew, no one has to be a licensed attorney to give suggestions of law. Or to discuss a sort of legal question, as we are here.
As Emmanuella feels no one here answered her legal question "Can she do this?" And the answers to it were, go seek further legal counsel and that was the best answer anyone could give her. And my responses none of them were of a legal magnitude - towards her question.
My suggestions to landlords and they are suggestions and others have joined in here now - that you have an additional persons or an additional pets clause in your lease. If you are on a month to month basis with a tenant and no lease, then they should be required to sign @ least a renters agreement of some sort, spelling out their responsibilities and limitations and any and all other addendums that may apply such as additional persons or pets.
One of mine is "no waterbeds" especially in older houses. There is no guarantee that the floor will hold the weight of the bed and if that thing for some reason bursts could cause a fire.
Now back to Emmanuella - there are many things you are not saying, once again. Like the size of the home or apartment. What sort of damage there is as far as pets are concerned - a lot of dander around, etc. "facts - landlord talked to you, landlord wants an addtional pet deposit, she is raising parnets rent and wants an additonal $300 from you - you were there 3 years with husband, kids and dog" and from what I can see in your area there are no caps on rent increases - "Florida and her cities have no rent control ordinances", Stephen K. Hachey, P.A. - so assuming this certified attorney in FL is correct, "Yes, your landlord can do this!"
We all have our problems - I have two kids that are ADHD, certified and see psychiatrists often - the one was so severe that it almost incapacitated me totally. Doesn't have anything to do, with where or how I choose to live. What does have a baring on where I live is the amount of people and animals in one house. And whether or not that house is accommodating to my situation. Next, you do not say who pays the utilities there, the landlord or your parents or you for all that matter.
You have a lot of options - move with your parents, husband, kids and animals in tow. Or stay put and try to work things out with the current landlord. Again, coming at you in the manner she has, there is no doubt some sort of problem. But, you are not saying what it is. And your question was answered right off the bat - no lease, yes the landlord can do it - I think you got that answer twice as soon as you posted here.
Next, no rent control's in FL or it's cities. And as far as you moving and paying 3 rents, I only see two - "parents" and "yours" and one might suggest, that you find a larger place and take your whole family with you. But, before you go - make sure the new landlord is Okay with your entire situation, (kids, dogs, parents, husband, etc.) Cause I am not the only one that feels there is some sort of problem that your current landlord is not happy with.
Disclaimer: Nothing here is intended to be legal advice. It is offered solely as a discussion and some suggestions. Any assumptions made are not personal but are on a general scale or what it seems like and personal opinions are not personal attacks. Again, in reading. Florida Law does not prohibit large increases in rent and has no rent controls.
Now, on a more personal note - from what you are saying you need to go before the first or pay higher rents - since you have taken the steps to join here, I suggest you read and read some more, before you go looking for another place. It may help you turn your situation around. That is, instead of finding a Single Family Home, find a duplex or something to house your parents in one side and your family in the other - instead of renting purchase it. It will be yours, no more landlords! Etc., Etc.
If however, you end up staying past the first, so be it. You pay a little more for a moment, til you find the Real Estate Situation you want. If as @Justin Fox has suggested, you responsibly saved your money, you will have no problem doing any of this. I am really, really sorry to hear of your dilemma and do not mean to seem callous, I am not. Sometimes you need to hear things you just don't wanna hear but need too. Again, nothing here is offered as legal advice - you either take the idea as suggested and run with it or not!
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Matthew Kreitzer
Attorney · Winchester, VA · Member since 2015 · 726 posts · 387 votes
10y
Originally posted by :

To Matthew, no one has to be a licensed attorney to give suggestions of law. Or to discuss a sort of legal question, as we are here.
I respectfully disagree, and there are plenty of Legal Ethics Opinions circulated amongst the various bar associations in the United States which suggest that anyone who furnishes information in a setting which would reasonably be foreseeable to lead to reliance is on the hook for Unauthorized Practice of Law.
I think a venturous Ethics Counsel could easily find much of the information you are providing to be a violation of UPL rules based on the form and fashion it is being provided in at least some states. If you want more information on whether or not you should continue on this path, consult an ethics attorney in every state in which anyone who is receiving your information lives. You run a non-zero risk based on the information being presented from my professional standpoint. I cannot speak for your specific state, but I will say that you are subject to the rules of all states in which the recipient relies upon your advice. I will also say that not all Ethics Counsel will think what is happening here would be a violation, and some states are not as stringent on UPL rules. Florida, for instance, is one of the less restricted states. However, Florida is far from the norm.

The correct, and only answer anyone should ever give to a person if they are not an attorney licensed in their state is; "Talk to a local attorney". Why? If you are not a local attorney you do not know all the laws that could be impacting this specific scenario, and could easily misread the situation. Someone acting on reliance of the information you provide could face extreme adverse consequences, and disclaimers will not always protect you.
DISCLAIMER: None of the above shall be taken as comprehensive analysis of the law in any one particular state. Every state is different, and treats each and every issue of law different. An answer in one state may be the exact opposite in another. Law is a highly fact specific profession, and it takes years of education and training to understand all the ins and outs of the legal field. If you are confronted by any legal issue, including one of ethics, consult a local attorney.
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Nick Sabat
Investor / Borrower / Contractor · Pittsburgh, PA · Member since 2016 · 60 posts · 29 votes
10y
Well @Matthew Kreitzer here's my challenge to you - point out everything in quotes u feel is "legal advice" that I have given this poster.
Now, suggesting that any landlord, learn their lesson from this - once someone moves in that is not on the lease, raise the rents immediately do not wait (is merely a warning - have clauses in the lease that deal with dogs and additional tenants, is only a suggestion. In fact, most standard leases, bought at any paper supply house - including online forms - should already have them in them.
Again, I like to know specifically where I gave legal advice. And as such, would seem to me that a lot of the posts here, would be under the same scrutiny. Such as discussions on Joint Ventures or Limited Liability Companies - all or most posts are of a general nature and are not intended to give advice.
I do not know how long you have been online - but most boards and elsewhere - will immediately tell you if you are in violation of any laws, ethics, patent or trademark rights or otherwise!
So you are in Virginia - I'm in PA contact the Local Ethics Board here in Pittsburgh, point them my way and let's see if I am in violation. Now, I do not think that the board is a place to iron out differences - it is a place to discuss issues - air opinions and make suggestions. We have pvt. messages to bring up any heartfelt issues or attacks.
I see u r an attorney - so your opinion is biased to say the least - your statement is bland and without merit and has no substance. My suggestion is you go back to school and learn the law. This is not communist Russia or any other communist country or board, that people's opinion's are hushed, by way of fallacious and empty statements, such as yours.
This is America and we have the freedom of speech. We have the right to air our opinions, without biased attacks - such as the poster here. She wanted an opinion, not legal advice. She was seeking some assistance and ideas and in my last post, suggested that she took the first step and joined this site, now take the next and learn something from it.
Legal advice no, just a mere suggestion as much of my discussion here! And trust me there Matthew - I know how to draw the line between the two - advice and suggestion.
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Brian Mathews
Contractor · Round Rock, TX · Member since 2013 · 767 posts · 389 votes
10y
@Emmanuella Broadhurst Are you paying your parents rent with your job or source of income? Are they able to pay their rent without your help? If they are able to pay rent themselves without your help, then it is honestly probably best to find a place of your own. If they are not able to pay it themselves and require your assistance. Then you have 2 options. Find a new place to live or negotiate with the owner and sign a new lease. Its their property, they can do as they want.
1 Reply
Matthew Kreitzer
Attorney · Winchester, VA · Member since 2015 · 726 posts · 387 votes
10y
Originally posted by @Nick Sabat:
Well @Matthew Kreitzer here's my challenge to you - point out everything in quotes u feel is "legal advice" that I have given this poster.
Now, suggesting that any landlord, learn their lesson from this - once someone moves in that is not on the lease, raise the rents immediately do not wait (is merely a warning - have clauses in the lease that deal with dogs and additional tenants, is only a suggestion. In fact, most standard leases, bought at any paper supply house - including online forms - should already have them in them.
Again, I like to know specifically where I gave legal advice. And as such, would seem to me that a lot of the posts here, would be under the same scrutiny. Such as discussions on Joint Ventures or Limited Liability Companies - all or most posts are of a general nature and are not intended to give advice.
I do not know how long you have been online - but most boards and elsewhere - will immediately tell you if you are in violation of any laws, ethics, patent or trademark rights or otherwise!
So you are in Virginia - I'm in PA contact the Local Ethics Board here in Pittsburgh, point them my way and let's see if I am in violation. Now, I do not think that the board is a place to iron out differences - it is a place to discuss issues - air opinions and make suggestions. We have pvt. messages to bring up any heartfelt issues or attacks.
I see u r an attorney - so your opinion is biased to say the least - your statement is bland and without merit and has no substance. My suggestion is you go back to school and learn the law. This is not communist Russia or any other communist country or board, that people's opinion's are hushed, by way of fallacious and empty statements, such as yours.
This is America and we have the freedom of speech. We have the right to air our opinions, without biased attacks - such as the poster here. She wanted an opinion, not legal advice. She was seeking some assistance and ideas and in my last post, suggested that she took the first step and joined this site, now take the next and learn something from it.
Legal advice no, just a mere suggestion as much of my discussion here! And trust me there Matthew - I know how to draw the line between the two - advice and suggestion.
Any suggested course of action which has a legal impact is properly considered potential legal advice. Telling a person to put clauses in their contract? Legal advice. Telling people to contact or not contact a person on the other side of a legal dispute? Legal advice. Telling people to keep records of certain transactions? Legal advice. Telling someone that they should elect for an LLC v. a partnership for asset protection? Legal advice. Telling a person that they should just utilize insurance instead of incorporating? Legal advice. It doesn't matter what you *intend* to happen. What matters is the reasonable, foreseeable result of the information you provide. You are not an attorney. The person you are speaking with is not an attorney. They may take what you are saying and act on it, even if you did not mean for them to. Laymen are mostly unaware of the kinds of things that can qualify as legal advice. Primarily because they do not know all the ways a case can go horribly, horribly wrong. Fact of the matter is, any advice you give which has a legally operative effect is legal advice, and legal ethics opinions are quite clear on this matter.
I have given you considerable guidance on where you can look to determine whether or not what you are doing constitutes legal advice. Again, I cannot speak to other states, but I can speak to Virginia. If you were to advise anyone in the state of Virginia with the information you have provided in this thread, and they were to rely on it, you could be guilty of a class 1 misdemeanor. That is the law. Unless you are a licensed attorney in the states where these people are operating, no, you do not know the law.
The poster in this thread came seeking legal advice. I directed her in the generally appropriate direction, one which none of the other posters have seemed to catch on to yet. All this talk about the Landlord Tenant Act with regard's to the poster's liability is utterly erroneous, as there are issues of surety, guaranty, and statute of fraud at play.
I am a trained civil litigator who has handled hundreds of cases related to consumer protection, consumer transactions, landlord/tenant issuse, FDCPA issues, TCPA issues, and more. You're welcome to ignore my warnings here and continue giving what is properly classified as legal advice. That is on you. I just hope you don't face a lawsuit down the line because of it.
DISCLAIMER: My prior disclaimers are incorporated herein by reference.
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Account Closed
San Jose, CA · Member since 2015 · 4k+ posts · 3k+ votes
10y
To the original poster:
Normally, on a month-to-month agreement, terms can be changed with a 30 day notice. I know in CA, if a tenant has been in a unit over 12 months, the notice can be up to 60 days.
The notice has to be to the tenants. If the only tenants are your parents, then the notice is to them that rent will be increased by such and such, and an additional deposit of such and such will be required for the additional dog.
Your parents would be responsible for the additional rent, even if it's because you are there. In other words, if it's not paid, your parents will be in trouble (or whomever is named on the lease). Not you (if you're not named on the lease).
This is all legal and reasonable in my opinion.
1 Reply
John Thedford
Real Estate Broker · Naples, FL · Member since 2013 · 9k+ posts · 6k+ votes
10y
Governing statute is chapter 83: Florida. This is the Landlord and Tenant statute. You have been given suggestions, etc by people not in Florida. Most laws will vary state to state. You are on a month to month tenancy which offers little if any protection against rent increases, etc. Also, they can demand you vacate within a certain time frame and if you fail to do so become a holdover tenant. Some leases provide for double rent in that case. Read the law, make sure YOU comply with your legal obligations, and find an attorney if you need.
1 Reply
Ralph R.
Investor · Bethel, AK · Member since 2013 · 1k+ posts · 852 votes
10y
@Emmanuella Broadhurst I think you are on the right track trying to get moved out. I don't want to get cought up in all the "discussion" going on in this post. IMO when its all said and done it seems to me that your focus should be to get moved out as cleanly and quickly as possible and maybe a little less on stirring the pot with the landlord or anybody else. This whole thing has to be putting undue stress on both your parents and your family. This to me far outweighs any monetary damage the land lord can put on you. IMO It matters not what agency you call or what some attorney tells you or what the posters on a forum tell you. YOUR peace of mind, YOUR parents stress level, the emotional health of YOUR children, all matter more than anything a court, landlord, or judge can put on you. I would recommend doing everything possible to exit as fast as you can. As a landlord I personally would not chase after $300 dollars of lost rent, (that I created out of thin air) even if it was totally free to get a judgement (and its not free) as it would create undue stress in my life, and waste time I could better spend elsewhere. I like to think I am a Bigger Person than that. In this case it might be time for you to be a Bigger Person than your landlord.
Note: I cannot and do not speak for your Land Lord. no legal advice given or intended.
Good Luck
RR
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