Main tenant screams on sub tenant

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  #1  
Old 04-23-07, 04:04 PM
Aru
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Angry Main tenant screams on sub tenant

I am a sub tenant in a house where a chinese guy is the main tenant who took this house on lease for 7 years. I pay rent to him as he rented the room to me. He and his family keeps the house very dirty, nobody ever cleans anything. Yesterday i wanted to talk with the chinese guy about cleanliness and he started screaming on me, he said we chinese are like that, this is our life style, if you don't like it, you can move out. He was shouting so loudly that my another housemate a german girl came out and asked him to calm down.

I was wondering if there is any law regarding main tenant's screaming on sub tenant. And if he can ask me to move out like this.

Thanks
Aru
 
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  #2  
Old 04-23-07, 04:31 PM
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The main tenant is the lease holder. He is sub-letting a room to you. Whether or not the lease he signed allows sub-letting or not is unknown. If you signed a contract, this should spell out all conditions of your sub-lease, including reasons for eviction. If you signed nothing, then there are no conditions. If you signed nothing, then you are free to go at any time.

Under the circumstances, it sounds like you are living in a very undesirable home and with a very undesirable landlord. There are no laws to protect you from a landlord screaming at you. Let's say there was and you went to court, he would likely scream even more and make life even more miserable for you. As your landlord said, "If you don't like it, you can move out." Surely, you can find another room to rent at another location. If you have other housemates who are renting rooms from this landlord, perhaps all of you could go together and rent an apartment and split the costs. All of you deserve better living conditions.
 
  #3  
Old 04-23-07, 04:34 PM
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What type of rental agreement do you have with him?

Is he authorized by the owner to sub let?

It might be in your best interest to look for a new place to rent. Any legal action would be messy at best.

btw - welcome to the forums!
 
  #4  
Old 04-23-07, 04:46 PM
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Many areas in the U.S. have zoning laws for single family dwellings that do not allow sub-letting of any portion of the dwelling. Whether or not the ordinance is enforced may be another story. Whether or not sub-letting by the lessor of the property is legal is not the issue.

The issue is moving on to cleaner or more peaceful surroundings. It's time to be proactive. Perhaps friends know of a room to rent. If a student, post some flyers on campus bulletin boards. If working, post flyer on company bulletin board in the employee lounge and by the time clock. Check local newspapers. Run an ad seeking room to rent. Go for a walk in the area and look for Room for Rent signs in windows. Do not rule out efficiency apartments which usually consist of one room with kitchenette, sleeper sofa, and a bathroom.
 
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Old 04-23-07, 04:47 PM
Aru
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Unhappy

Thanks for reply.

Well, i don't know about contract but the original landlady knows that we are living here as subtenants. She comes sometimes to visit if there is any problem.

About my contract, i signed a paper with his sister who was in charge when i rented the room, it was not a formal or legal document, we just signed a normal paper declaring the amount of bond money and it was also written on the paper that "if the tenant (me) does not keep the premises clean then they can deduct money from my bond as cleaning cost" But now they are the ones who is not keeping the premises clean.

I know the best option is to move out, and i was not planning to sue against him, i was just wondering if there was any law then at least i could tell him that he can not do it. However, my another house mate, she is going back Germany at the end of this month, so she doesn't need to find another place. I am leaving Sydney after 3 months, in August, so it is also difficult for me to find a new place for 3 months.
I don't know what i will do. Thanks.
 
  #6  
Old 04-23-07, 05:32 PM
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Leaving in 3 mos., then you don't need a long-term solution. Options are to grin and bear it. Spend as much time away from home as possible, just going home to sleep and get a shower. Perhaps you have some friends with whom you can crash. 3 mos. will fly by. As long as you keep your room tidy, this will give you a sense of order and clarity. If the bathroom is filthy, perhaps you can get a shower at the YWCA. A 3-mo. membership would also provide you with a change of scenery and a diversion.
 
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Old 04-23-07, 05:54 PM
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twelvepole: If you signed nothing, then you are free to go at any time.
=======================

Not neccessarily so 12pole. Depending on the state and the rental (payment) period involved, OP may be required to give up to a 30 day notice.
======================

About my contract, i signed a paper with his sister who was in charge when i rented the room, it was not a formal or legal document, we just signed a normal paper declaring the amount of bond money and it was also written on the paper that "if the tenant (me) does not keep the premises clean then they can deduct money from my bond as cleaning cost" But now they are the ones who is not keeping the premises clean.

-------------

your contract may not have been "formal" but it is more than likely legal, at least to some degree. A contract doesn't have to be fancy to be legally binding.

about the requirement to keep things clean, that is going to apply to the area you control and the things you control. e.g. if you are allowed to use the kitchen, you're going to be held responsible for your mess. Your room, your responsibility.

failing to do such may jeopardize the return of your security deposit.
 
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Old 04-23-07, 06:26 PM
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Where I am, there is a state agency designed to help customers, including tenants, called the Wisconsin Department of Consumer Protection. Were you in Wisconsin, USA, I would send you to them to explore your options. I believe it likely there would be something similar in place for you there in Sydney, I just wouldn't have a clue what it's called.
 
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Old 04-23-07, 06:56 PM
Aru
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Question

Twelve pole,

Yes you are right, i should try to bear with it. Well as he asked me to move out (while he was screaming), so i was looking at some adds on gumtree, but it is difficult to get a suitable short term accommodation.

"If the bathroom is filthy, perhaps you can get a shower at the YWCA. A 3-mo. membership would also provide you with a change of scenery and a diversion."

Yes, the bathroom is so filthy that i can not use it, and i would not have bothered about kitchen and other common space if the bathroom was at least clean to some extent
Although there is not YWCA in my area but i can try any YWCA which is nearby. Can you please explain for me what do you mean by 3 months membership to get a shower at YWCA? How does that work?

Thanks
Aru
 
  #10  
Old 04-23-07, 07:37 PM
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Forgive me, I said, YWCA (that's for women). YMCA is for men. I assume you are male.

YMCAs typically have exercise facilities, pools, showers, and more! Annual membership fee is nominal. Once a member, you can use the Y anywhere in the world. Most allow for a day-use fee. Perhaps they will let you negotiate a 3-month fee.

Head Office on 9687 6233 or email [email protected]
http://www.ymcasydney.org/

www.ymca.org.au

www.ymca.net
 
  #11  
Old 04-23-07, 09:25 PM
Aru
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Thanks for the info.
By the way, your assumption is wrong, i am not male, so i would better go for YWCA :P
 
  #12  
Old 04-23-07, 09:32 PM
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Check the YWCA for women. I'm not sure what they do in Sydney, but in the US, women and children can go to the YMCA, too. Check both. Both are family oriented with programs for men, women, children, and seniors.

www.ywca-sydney.com.au
 
  #13  
Old 04-26-07, 08:32 PM
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Exclamation sub tenant

Typically anything having to do with an interest in land (i.e. lease) needs to be in writing to be enforcible. You mention a piece of paper being signed. This may or may not be of help and may hurt you.

In any event, tenants are entitled to "peaceful enjoyment" of the premises, meaning peace and quit, cleanliness, etc. If you abandoned the place, even assuming the sub-landlord could find you to sue you for breach of a lease, the court may find you were a "month to month" tenant or "at will" meaning at best, all your sub-landlord could get out of you is one month's rent.

You could also argue you were "constructively evicted" and entitled to leave without payment or notice. That would be up to the court to decide if there is any merit to this defense.

As a practical matter, if you moved out tomorrow, the bad-guy landlord likely wouldn't chase you in court.

Good Luck!
 
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