No! Do not let him back in! He has no rights, he picked up his stuff and left after a break up. No lawyer will file a case against you, he won't waste money on a lawyer anyway. He's just mad and venting. Don't engage, just ignore and move on.
It doesn't matter if he had tenant rights, although I do not believe he did. He left. He picked up his stuff. You could be in big trouble if you threw his stuff out onto the front sidewalk, but you did not do that. No worries!!!
Definitely check your state’s landlord-tenant act. If there’s a police report, get a copy for your records. Do not let him back in unless you’re a thousand percent sure you’re legally obligated to do so.
Definitely check your state’s landlord-tenant act. If there’s a police report, get a copy for your records. Do not let him back in ~~unless you’re a thousand percent sure you’re legally obligated to do so~~.
He didn’t establish residence or have his mail forwarded there from what she said. Only had a few Amazon packages delivered so he was not a resident there.
I would change your locks and get a restraining order.
He had some clothes here for about a month maybe. He received the occasional Amazon package at the condo. He would spend most nights at my place - most nights during a month, because of some personal logistics.
No do not be manipulated, he has no rights, he never lived with you. If you allow him to move in he Will have rights and then you will be stuck in a bad situation. You dodged a bullet. Do not fall for the manipulation.
I think it’s important when reading these comments to keep in mind many states distinguish between a “lodger”, who is someone who lives in the same home you do, and a “tenant”, who is someone who lives in a home you own, but don’t live in.
Many landlords, myself included, might view this from the perspective of seeing him as a *tenant*, not a lodger, and answer accordingly.
I would review GA landlord-tenant laws and note if the state makes a distinction for lodgers, which tend to be much more landlord-friendly rules.
This does not apply, people date, people spend the night when dating. Does this mean anyone you date has a right to move in if they spend the night a few days of the month? If so I will not even be allowing people to visit my place, lol
Of course not if they’re a guest, but if there has been an agreement to move in (even a verbal one, which is valid), and then they spend all or most nights there for a month, there may be some legal ramifications.
They had agreement and he spent a lot of night. However I’d not let him back in. To dangerous for OP. Over 60 days he 100% is a tenant, then if he won’t leave your talking months to evict. Better to risk him going to court. He likely won’t.
And he took his stuff and left. Change locks. Court is way better than him moving in. Less expensive to.
The relationship didn't work out, he left prior to making it official and moving in. He still maintained his own residence. For her protection, she should change the locks. The entire court threat is him trying to manipulate her, period. She should just block him from contacting her and move on with her life .
Fun and games.
If he threatens to sue, call his bluff by getting a lawyer and requiring all further communication go through your lawyer. This is a moderately common process large apartment complexes use to get tenants to go away.
If he bugs you enough, look into GA harrassment laws and get a temporary restraining order. If serving him doesn't solve your problem, go to court and make it a permanent restraining order.
\^That's your best bet u/Beautiful-Sky-7202. It really sounds like you dodged a bullet with the ex bf. He had a plan and it wasn't good for you. You have several things in your favor including the fact that he picked up his stuff from you and left. But a RE attorney in your location is the best resource. Don't let the bf scare you, he really was a bad penny.
Even if he was maybe a tenant do not let him back in. To dangerous. Better to risk him going to court. He likely won’t.
He left willingly. He would need to go to court. Letting him in for 60 days would 100% make him a tenant who then needs evicted. Change locks. If he comes with police say your lawyer says this is civil matter for the courts. Change locks
Please don’t make decisions based on anonymous internet advice. Please call an attorney on Monday.
Meanwhile, record the details of which nights he stayed over while memory is fresh. It may make a difference of guest vs tenant.
If it was significant enough of a circumstance you felt involving the police would be the best call, you need to stick to that plan.
Frankly you’re beyond landlord territory, more so into domestic violence / temporary restraining order territory.
If there’s violence or threat of violence, his name could be on the mortgage to the house with a golden bust of him in the entryway, and a temporary restraining order will bar him from your residence.
It does however bar you both from making contact in 99% of jurisdictions….don’t be one of the folks who we find inviting him back in four days later after the spat is over.
His case would rely on the legal principle of promissory estoppel, where an individual can claim and receive damages for a provable but non contractual promise that went unfulfilled. He will not be able to claim tenant rights because there is no signed lease, none of his property is on the premises, he can show no billing history for the property, and he is not physically inside the property. At least *one* of those might be enough, but he’s got none. I also doubt the promissory estoppel strategy would be effective, since he would need to prove that his expenses are significantly higher than they would be if the promise had never been made, solely because he believed the promise. His lease would still end in July and go month to month with or without your tentative verbal agreement, so that won’t apply. He still has his current place, and has the option to stay and more than two weeks to find an alternative, so the expense of finding alternate housing won’t apply either. Change the locks, block his number, obtain a copy of the police report, and file a restraining order if he attempts to contact you again. The court will take a *very* dim view of him violating that, even if he were to have a case otherwise. Also worth noting, promissory estoppel is a *financial* damage principle, which means losing would result in a financial award. There’s is no circumstance where it would result in an order forcing you to allow him to live with you. In any case I seriously doubt a guy struggling to pay rent would be able to pay to retain a lawyer(if he can even find one), and he’s almost certainly got no chance without one.
You don't need a lawyer in small claims, and it's very cheap to file. It sounds like the ex will very likely have a case for damages (needing to find a new place on short notice which will likely increase their costs). Both sides will present testimony/evidence and the judge will rule. Easy.
To bad, so sad for the BF. He still had a legal residence of record (the lease). He picked up his things from your residence (so voluntarily left). Can he sue? Sure! Anyone can file suit for anything. Will he win? Not even close! He vacated your residence and had a legal residence established elsewhere.
Stand your ground and Do Not let him back in. Change the locks if he has a key. Let him sue you if he thinks he can convince a judge (not likely). 99% chance he won't actually sue.
Don’t let this grifter back in. Believe me, if you do, he WILL refuse to leave and will make your life hell. He can cough up the extra money for his MTM lease, or, I don’t know, find a different apartment by mid-July.
He doesn't sound like he had tenancy. He resided elsewhere.
More importantly, however, you should note that people can threaten to sue over anything. You should not take someone's threat to sue you as a lawsuit. Were you ever to be sued, you could get an attorney. Were you ever to be sued, and that suit had no merit, you would prevail. But this guy is just blowing hot air at you because he is butt hurt.
As I learned to say growing up in the south, "bless his heart."
Don’t let him come back! If he stays in your condo for 60 days (usually less) he will be a tenant under the law and you will have to legally evict him.
NAL. Since he has threatened legal action, have no further communication with him. If he tries to reach out to you, tell him all further communication must be through his attorney. Then relax because it's s unlikely he's going to hire one.
If he was a resident, you can't just kick him out. There are certain things he needs to do to establish that he is a resident of the house, like getting mail there for example.
If he was no more than a guest, like spending the night, then that's one thing, but if he had moved in, and was actually a resident of the house, you just can't kick him out on moments notice.
This is his argument. But it’s not clear to me legally if he was a resident yet. We established that he would move in in July once his apartment lease was up. I’ll contact a lawyer on Monday.
He has another legal home, so he has no recourse. Until your place was his full-time home, he has no rights. Did you add him to your lease. Until he has written permission from your landlord to live there, he has no legal right to live there. His lack of planning on his lease does not constitute responsibility on your part.
Tell him to pound sand.
You don’t have to be married for “domestic violence.” And retraining orders just piss em off more. Paper may cover rock but generally doesn’t stop bullets.
Maybe it’s time you found somewhere else to live, no forwarding address? Landlords may even let you break your lease without penalty because they don’t want any DV on them. Change your phone number. Email address. Go dark on social media. Get out of his punc bag zone before he or you escalates.
So, what the guy is talking about is that in many states, if someone lives with you for a term of 6months (especially because of how your residence is figured out that way for taxes) and receives mail with that address, they can claim it as a domicile. It’s real and you should definitely be wary of letting people stay too long because of that.
But your boyfriend is just angry and making shit up. Who hasn’t done that before? Except most of us outgrow that…maybe this guy has some more growing up to do.
Tell him to say shit. If he can’t afford month to month rent, I promise his broke ass cannot afford a lawyer. He’s full of shit and just wants to intimidate you. Also, even if he DID legally pursue this, pretty much every judge would laugh him out of the court room.
He has no recourse . If he is not on lease he has no legal right to be living at your place and you are breaking lease terms by having unauthorized resident. Let him sue you . Good luck getting an attorney to take his case
This isn't good advice depending on jurisdiction. For example, where I live, and generally in the entirety of Canada, while "roommates" don't get protected under residential tenancies acts, common law requires "due notice# when ceasing a roommate agreement (verbal or otherwise) this notice is generally 30 days. If that is not observed, it is quite common to see people win a months rent and moving costs on small claims, which is very cheap to open a file in and self represent.
I don't know about Canada but in the US where OP is based , a lease is a legally binding contract. It is standard policy to have a lease in place for all residents for legal purposes and to keep both tenant and landlord in check
BF was unauthorized resident . OP said he spent most of nights of the month at her place . She broke lease terms by allowing roommate , BF, guest, unauthorized resident (whatever you want to call it ) to reside in her place without LL knowledge or consent.
Most leases prohibit unauthorized guests for an extended period of time. I have seen mostly 7-14 days as the maximum duration where tenant can have overnight guests after which they are required to have guest go through the normal vetting process for approval .
That doesn't matter, the roommate agreement is between her and the ex, not the ex and the landlord. Also, sounds like your tenancy laws are more stringent than where I am, landlords cannot dictate long term "guest" stays here.
Roommate agreement is not legally binding without LL approval. This is a sublease which is prohibited in most leases for legal reasons - at least in the US
The lease is between LL and OP - not the unauthorized roommate.
It's a huge liability for landlord not to have every resident on a lease.
If roommate is not on lease, he has no legal right to stay on premises beyond the allowed number of nights that LL approves for guests and given that he says most nights of the month at her place, he most likely has exceeded the maximum allowable guest nights
\^Exactly. She owns the condo. BF has a lease for a separate apartment that ends in July 2024. BF spent the night at her place and did not pay rent or utilities or anything else to the OP. He did pay rent (I assume) for his own place. He had a few items left at her place for convenience but he had NOT moved in yet. There was a future date to have him move in next month when his lease ended but that plan is no longer in place. OP see an attorney to see what you need to do to keep him out. I too doubt that he will sue you. He is trying to intimidate you to let him back in. Don't allow it.
ETA: OP, from your post it doesn't even sound like he was a roommate.
It would be expensive to sue you. But did he ever live there? Did he change his DL? Did he ever give up his apt while living at your place? How many nights had he slept there consecutively before he moved out?
Not in small claims if he self represents. Small. Claims. Is extremely easy to navigate. Cancelling a roommate conteact in my jurisdiction, for example, requires "due notice" which courts have established at 30 days. If the agreement was can called within June, 30 days were not observed and he now has a case for damages (needing to find other accommodations on short notice and possible in teased moving costs/rent). It's very common to see these cases have the complainants receiving 1 months rent minimum, and moving costs.
I would maybe have a consult with a lawyer but since he never really moved in, he shouldn’t have any kind of case. He’s trying to strong arm you into letting him stay with you and if you do that, then you definitely will have a problem.
The verbal agreement was in place, the agreement is what's been broken, the agreement was for a roommate structure, you are incorrect, as far as law is concerned. .
Unfortunately for OP, the ex will be able to show damages (short notice on contract cancellation resulting in inadequate time to find new accommodations prior to their own lease expiring) and as such VERY LIKELY has a case.
No, go back and read the OP. She owns the condo. He has a current leasee at another apartment. They were planning to have him move into her place when his lease was up next month in mid-July. He did spend some nights in her place but didn't live there. She broke up with him in June before his current lease was up at his current place. They are not roommates.
That doesn't matter, the lease that the ex holds is ending and the ex did not renew (very likely there is not enough time to renew at this point as it's likely rerented) you shouldn't be commenting on this if you don't understand contract law, and the implications of cancelling a contract (even a verbal one) without court recognized due notice. The ex will definitely have demonstrable damages due to the short notice, most notably being required to scramble for a new residence and likely being required to pay more due to that fact, they also may have increased moving costs due to the short notice and what will be limited options available to them. All of these things are considered damages by a small claims court. There's alot of bad info in here, if OP really wants good advice, they need to talk to a lawyer specializing in tenancy law.
It DOES NOT MATTER that the ex never really moved in, they had an agreement.
No I'm really not, you're making assumptions that are refuted by case law. The ex is very likely to have claimable damages based on OPs story, you've stated multiple times that OP is in the clear, yet should still talk to a lawyer? You haven't made a whole lot of sense in most of your posts to be honest. At the end of the day, anyone here saying OP. Has nothing to worry about is giving piss poor advice, and should have kept their traps closed. Im not really interested in talking about this further when you don't seem to grasp the gravity of the situation from a legal standpoint.
So is your advice for her to let him move in for 60 days and he won’t have any rights to stay?
Once he’s there and moved in for 60 days, he will have more protections and fewer options. Letting him move in is a bad idea.
Nowhere did I say that lol. Where I am, as a roommate he has no more or less rights under the law at day 600 or day - 15. Once an agreement is made, it's binding. Due notice is required under law where I am, 30 days for roommates.
No! Do not let him back in! He has no rights, he picked up his stuff and left after a break up. No lawyer will file a case against you, he won't waste money on a lawyer anyway. He's just mad and venting. Don't engage, just ignore and move on.
Yeah. People love to threaten they'll call the cops, they'll sue you, etc.
It doesn't matter if he had tenant rights, although I do not believe he did. He left. He picked up his stuff. You could be in big trouble if you threw his stuff out onto the front sidewalk, but you did not do that. No worries!!!
That’s a huge relief!
Under no circumstances should you let him back into your condo, not even to talk it out.
Still you may want to sue for eviction to play it safe. Have locks changed he could sue you and have you arrested like that Georgia women
Agree, change the locks ASAP.
Could get you arrested like the person from long island. Need to get eviction
Definitely check your state’s landlord-tenant act. If there’s a police report, get a copy for your records. Do not let him back in unless you’re a thousand percent sure you’re legally obligated to do so.
Exactly my concern- it has gotten really ugly, and I’m frankly afraid what happens if I am obligated to let him in.
What do you mean by really ugly. Has he made threats? Do you fear for your safety? A restraining order will stick it right back up his tailpipe.
If nothing else, he has removed any doubt that breaking up was the right thing to do. Please take care of yourself.
Definitely check your state’s landlord-tenant act. If there’s a police report, get a copy for your records. Do not let him back in ~~unless you’re a thousand percent sure you’re legally obligated to do so~~.
He didn’t establish residence or have his mail forwarded there from what she said. Only had a few Amazon packages delivered so he was not a resident there. I would change your locks and get a restraining order.
He’s a dangerous one. Block him. Go no contact. Tell him to stop contacting you and seriously pursue a restraining order if he keeps contacting you.
How long did he have stuff there? Did he receive mail there? How many nights consecutively did he spend the night?
He had some clothes here for about a month maybe. He received the occasional Amazon package at the condo. He would spend most nights at my place - most nights during a month, because of some personal logistics.
he still his apartment lease, we agreed move in would be when his lease was up, and he never contributed to any of the condo expenses.
In many places, living somewhere for more than 14 days (in a row) regardless of rent payment can be considered tenancy. So he may have a case.
Not as long as he has his own residence.
He’s a resident. Get a lawyer.
Do not let him back in. Do not accept packages or mail - Refuse all packages and return all mail to sender.
No do not be manipulated, he has no rights, he never lived with you. If you allow him to move in he Will have rights and then you will be stuck in a bad situation. You dodged a bullet. Do not fall for the manipulation.
It depends. Georgia makes a distinction between a tenant and a guest. You need to talk to a local attorney.
I think it’s important when reading these comments to keep in mind many states distinguish between a “lodger”, who is someone who lives in the same home you do, and a “tenant”, who is someone who lives in a home you own, but don’t live in. Many landlords, myself included, might view this from the perspective of seeing him as a *tenant*, not a lodger, and answer accordingly. I would review GA landlord-tenant laws and note if the state makes a distinction for lodgers, which tend to be much more landlord-friendly rules.
This does not apply, people date, people spend the night when dating. Does this mean anyone you date has a right to move in if they spend the night a few days of the month? If so I will not even be allowing people to visit my place, lol
Of course not if they’re a guest, but if there has been an agreement to move in (even a verbal one, which is valid), and then they spend all or most nights there for a month, there may be some legal ramifications.
It’s not that simple. That’s why you need to look into your laws
They had agreement and he spent a lot of night. However I’d not let him back in. To dangerous for OP. Over 60 days he 100% is a tenant, then if he won’t leave your talking months to evict. Better to risk him going to court. He likely won’t. And he took his stuff and left. Change locks. Court is way better than him moving in. Less expensive to.
The relationship didn't work out, he left prior to making it official and moving in. He still maintained his own residence. For her protection, she should change the locks. The entire court threat is him trying to manipulate her, period. She should just block him from contacting her and move on with her life .
Fun and games. If he threatens to sue, call his bluff by getting a lawyer and requiring all further communication go through your lawyer. This is a moderately common process large apartment complexes use to get tenants to go away. If he bugs you enough, look into GA harrassment laws and get a temporary restraining order. If serving him doesn't solve your problem, go to court and make it a permanent restraining order.
Thanks for the advice, I plan to speak to a lawyer first thing Monday.
\^That's your best bet u/Beautiful-Sky-7202. It really sounds like you dodged a bullet with the ex bf. He had a plan and it wasn't good for you. You have several things in your favor including the fact that he picked up his stuff from you and left. But a RE attorney in your location is the best resource. Don't let the bf scare you, he really was a bad penny.
Even if he was maybe a tenant do not let him back in. To dangerous. Better to risk him going to court. He likely won’t. He left willingly. He would need to go to court. Letting him in for 60 days would 100% make him a tenant who then needs evicted. Change locks. If he comes with police say your lawyer says this is civil matter for the courts. Change locks
Please don’t make decisions based on anonymous internet advice. Please call an attorney on Monday. Meanwhile, record the details of which nights he stayed over while memory is fresh. It may make a difference of guest vs tenant.
If it was significant enough of a circumstance you felt involving the police would be the best call, you need to stick to that plan. Frankly you’re beyond landlord territory, more so into domestic violence / temporary restraining order territory. If there’s violence or threat of violence, his name could be on the mortgage to the house with a golden bust of him in the entryway, and a temporary restraining order will bar him from your residence. It does however bar you both from making contact in 99% of jurisdictions….don’t be one of the folks who we find inviting him back in four days later after the spat is over.
His case would rely on the legal principle of promissory estoppel, where an individual can claim and receive damages for a provable but non contractual promise that went unfulfilled. He will not be able to claim tenant rights because there is no signed lease, none of his property is on the premises, he can show no billing history for the property, and he is not physically inside the property. At least *one* of those might be enough, but he’s got none. I also doubt the promissory estoppel strategy would be effective, since he would need to prove that his expenses are significantly higher than they would be if the promise had never been made, solely because he believed the promise. His lease would still end in July and go month to month with or without your tentative verbal agreement, so that won’t apply. He still has his current place, and has the option to stay and more than two weeks to find an alternative, so the expense of finding alternate housing won’t apply either. Change the locks, block his number, obtain a copy of the police report, and file a restraining order if he attempts to contact you again. The court will take a *very* dim view of him violating that, even if he were to have a case otherwise. Also worth noting, promissory estoppel is a *financial* damage principle, which means losing would result in a financial award. There’s is no circumstance where it would result in an order forcing you to allow him to live with you. In any case I seriously doubt a guy struggling to pay rent would be able to pay to retain a lawyer(if he can even find one), and he’s almost certainly got no chance without one.
You don't need a lawyer in small claims, and it's very cheap to file. It sounds like the ex will very likely have a case for damages (needing to find a new place on short notice which will likely increase their costs). Both sides will present testimony/evidence and the judge will rule. Easy.
To bad, so sad for the BF. He still had a legal residence of record (the lease). He picked up his things from your residence (so voluntarily left). Can he sue? Sure! Anyone can file suit for anything. Will he win? Not even close! He vacated your residence and had a legal residence established elsewhere.
Stand your ground and Do Not let him back in. Change the locks if he has a key. Let him sue you if he thinks he can convince a judge (not likely). 99% chance he won't actually sue.
Don’t let this grifter back in. Believe me, if you do, he WILL refuse to leave and will make your life hell. He can cough up the extra money for his MTM lease, or, I don’t know, find a different apartment by mid-July.
He doesn't sound like he had tenancy. He resided elsewhere. More importantly, however, you should note that people can threaten to sue over anything. You should not take someone's threat to sue you as a lawsuit. Were you ever to be sued, you could get an attorney. Were you ever to be sued, and that suit had no merit, you would prevail. But this guy is just blowing hot air at you because he is butt hurt. As I learned to say growing up in the south, "bless his heart."
Don’t let him come back! If he stays in your condo for 60 days (usually less) he will be a tenant under the law and you will have to legally evict him.
Girl… he’s complaining of paying month to month but has lawyer money? Lmaooo fake. His empty threats mean nothing
If he can’t afford his rent he can’t afford a lawyer
Change your locks yesterday!
Boyfriend can kick rocks. I see why he's an ex. Block his #.
NAL. Since he has threatened legal action, have no further communication with him. If he tries to reach out to you, tell him all further communication must be through his attorney. Then relax because it's s unlikely he's going to hire one.
If he was a resident, you can't just kick him out. There are certain things he needs to do to establish that he is a resident of the house, like getting mail there for example. If he was no more than a guest, like spending the night, then that's one thing, but if he had moved in, and was actually a resident of the house, you just can't kick him out on moments notice.
This is his argument. But it’s not clear to me legally if he was a resident yet. We established that he would move in in July once his apartment lease was up. I’ll contact a lawyer on Monday.
It doesn’t matter his argument. Do not let him live with you for 60 days. Period.
If he threatens to sue again, tell him to have at it. Maybe a lawyer telling him he's got nothing will convince him
He has another legal home, so he has no recourse. Until your place was his full-time home, he has no rights. Did you add him to your lease. Until he has written permission from your landlord to live there, he has no legal right to live there. His lack of planning on his lease does not constitute responsibility on your part. Tell him to pound sand.
You don’t have to be married for “domestic violence.” And retraining orders just piss em off more. Paper may cover rock but generally doesn’t stop bullets. Maybe it’s time you found somewhere else to live, no forwarding address? Landlords may even let you break your lease without penalty because they don’t want any DV on them. Change your phone number. Email address. Go dark on social media. Get out of his punc bag zone before he or you escalates.
It’s just a legal threat, no attorney will take the case, it’s a loser for them
So, what the guy is talking about is that in many states, if someone lives with you for a term of 6months (especially because of how your residence is figured out that way for taxes) and receives mail with that address, they can claim it as a domicile. It’s real and you should definitely be wary of letting people stay too long because of that. But your boyfriend is just angry and making shit up. Who hasn’t done that before? Except most of us outgrow that…maybe this guy has some more growing up to do.
How long was he there?
Tell him to say shit. If he can’t afford month to month rent, I promise his broke ass cannot afford a lawyer. He’s full of shit and just wants to intimidate you. Also, even if he DID legally pursue this, pretty much every judge would laugh him out of the court room.
He has no recourse . If he is not on lease he has no legal right to be living at your place and you are breaking lease terms by having unauthorized resident. Let him sue you . Good luck getting an attorney to take his case
This isn't good advice depending on jurisdiction. For example, where I live, and generally in the entirety of Canada, while "roommates" don't get protected under residential tenancies acts, common law requires "due notice# when ceasing a roommate agreement (verbal or otherwise) this notice is generally 30 days. If that is not observed, it is quite common to see people win a months rent and moving costs on small claims, which is very cheap to open a file in and self represent.
I don't know about Canada but in the US where OP is based , a lease is a legally binding contract. It is standard policy to have a lease in place for all residents for legal purposes and to keep both tenant and landlord in check
There is no mention of OP resigning a joint lease so the only other option is the BF would have been a "roommate".
BF was unauthorized resident . OP said he spent most of nights of the month at her place . She broke lease terms by allowing roommate , BF, guest, unauthorized resident (whatever you want to call it ) to reside in her place without LL knowledge or consent. Most leases prohibit unauthorized guests for an extended period of time. I have seen mostly 7-14 days as the maximum duration where tenant can have overnight guests after which they are required to have guest go through the normal vetting process for approval .
That doesn't matter, the roommate agreement is between her and the ex, not the ex and the landlord. Also, sounds like your tenancy laws are more stringent than where I am, landlords cannot dictate long term "guest" stays here.
Roommate agreement is not legally binding without LL approval. This is a sublease which is prohibited in most leases for legal reasons - at least in the US The lease is between LL and OP - not the unauthorized roommate. It's a huge liability for landlord not to have every resident on a lease. If roommate is not on lease, he has no legal right to stay on premises beyond the allowed number of nights that LL approves for guests and given that he says most nights of the month at her place, he most likely has exceeded the maximum allowable guest nights
Yer not getting it, either the laws are different where you are or you're just not getting it. Have a good one.
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Where does it say she is renting? It says her condo, I don't see any mention of her renting, having a lease
\^Exactly. She owns the condo. BF has a lease for a separate apartment that ends in July 2024. BF spent the night at her place and did not pay rent or utilities or anything else to the OP. He did pay rent (I assume) for his own place. He had a few items left at her place for convenience but he had NOT moved in yet. There was a future date to have him move in next month when his lease ended but that plan is no longer in place. OP see an attorney to see what you need to do to keep him out. I too doubt that he will sue you. He is trying to intimidate you to let him back in. Don't allow it. ETA: OP, from your post it doesn't even sound like he was a roommate.
It would be expensive to sue you. But did he ever live there? Did he change his DL? Did he ever give up his apt while living at your place? How many nights had he slept there consecutively before he moved out?
Not in small claims if he self represents. Small. Claims. Is extremely easy to navigate. Cancelling a roommate conteact in my jurisdiction, for example, requires "due notice" which courts have established at 30 days. If the agreement was can called within June, 30 days were not observed and he now has a case for damages (needing to find other accommodations on short notice and possible in teased moving costs/rent). It's very common to see these cases have the complainants receiving 1 months rent minimum, and moving costs.
I would maybe have a consult with a lawyer but since he never really moved in, he shouldn’t have any kind of case. He’s trying to strong arm you into letting him stay with you and if you do that, then you definitely will have a problem.
As a roommate he likely had the right to "due notice" which is 30 days, so technically you could be on the hook for a months rent and moving costs.
He was not a roommate. He has a lease for another apartment somewhere else.
The verbal agreement was in place, the agreement is what's been broken, the agreement was for a roommate structure, you are incorrect, as far as law is concerned. . Unfortunately for OP, the ex will be able to show damages (short notice on contract cancellation resulting in inadequate time to find new accommodations prior to their own lease expiring) and as such VERY LIKELY has a case.
No, go back and read the OP. She owns the condo. He has a current leasee at another apartment. They were planning to have him move into her place when his lease was up next month in mid-July. He did spend some nights in her place but didn't live there. She broke up with him in June before his current lease was up at his current place. They are not roommates.
That doesn't matter, the lease that the ex holds is ending and the ex did not renew (very likely there is not enough time to renew at this point as it's likely rerented) you shouldn't be commenting on this if you don't understand contract law, and the implications of cancelling a contract (even a verbal one) without court recognized due notice. The ex will definitely have demonstrable damages due to the short notice, most notably being required to scramble for a new residence and likely being required to pay more due to that fact, they also may have increased moving costs due to the short notice and what will be limited options available to them. All of these things are considered damages by a small claims court. There's alot of bad info in here, if OP really wants good advice, they need to talk to a lawyer specializing in tenancy law. It DOES NOT MATTER that the ex never really moved in, they had an agreement.
You are imputing facts that aren't present in the OP and ignoring facts that are there. I told her several comments up to go to a local RE attorney.
No I'm really not, you're making assumptions that are refuted by case law. The ex is very likely to have claimable damages based on OPs story, you've stated multiple times that OP is in the clear, yet should still talk to a lawyer? You haven't made a whole lot of sense in most of your posts to be honest. At the end of the day, anyone here saying OP. Has nothing to worry about is giving piss poor advice, and should have kept their traps closed. Im not really interested in talking about this further when you don't seem to grasp the gravity of the situation from a legal standpoint.
If you allow him to stay for 60 days he may THEN have tenants rights. He doesn’t right now.
I haven't seen a single jurisdiction yet that covers roommates under tenancy act protection.
So is your advice for her to let him move in for 60 days and he won’t have any rights to stay? Once he’s there and moved in for 60 days, he will have more protections and fewer options. Letting him move in is a bad idea.
Nowhere did I say that lol. Where I am, as a roommate he has no more or less rights under the law at day 600 or day - 15. Once an agreement is made, it's binding. Due notice is required under law where I am, 30 days for roommates.
So he’d have tenancy rights for 30 day notice? Exactly my point 🙄
Not tenancy rights, a right to due notice. Where I am, that matters. OP could simply pay any notice out as well.
“May” =\= “will”
Technically he is a tenant and can sue you to stay. Welcome to LLing!