friend renting to me w/ out a licence and an uninspected dwelling...

[dubzia]

Im in dubuque Iowa. I am currently renting a room from a friend. this friend has not had the building inspected nor holds a renters license. he is also renting to two other people that live in 2 different illegal bedrooms. i recently fell on hard times and asked him if i could not pay rent for a while. we agreed w/ the understanding that i would repay him the back rent. he is now being foreclosed on and is demanding the money($1500) in two weeks or he is evicting me and i need to be out at that time and he will sue me for the money...what are my options? Can he do this? since he is not legal in anyway do i owe him this money? NO lease was signed.

 

[army judge]

He can bring an eviction action against you.
He can't evict you. :no:
He can merely ask you to leave.
You could choose to leave.
Or, you could choose to ignore him.
You have RIGHTS, lots of wonderful RIGHTS!!!! :yes:
Maybe a judge will evict you. :dgrin
Maybe a judge won't evict you. :angel
Until a judge rules, you can choose to sit right where you are!!!!!

He wants money.
He's being sued himself.

Even if he brings an eviction action against you, it could take 6-8 weeks before you both appear in court.
Then you'd have another 48-72 hours before a sheriff would be dispatched to remove you and your stuff.

You don't have the $1,500 this creep demands.
So, don't pay.
You also don't have to move out.
You could, but you can stay put until a judge orders you gone!
And as I said above, that ain't gonna happen until sometime in June at the earliest.


Finally, just ignore him.
He can't force you out.
He can't make you pay.

By the way, isn't he facing a similar dilemma???? Oh yes he is!!!!!!


Read this:

Dubuque County Sheriff



Evictions

1. Notice for Non-Payment of Rent

If rent is not paid when due, the landlord must deliver a "NOTICE TO CURE OR QUIT" (Three-Day Notice form) to the tenant. This notice must state that the rent is due but unpaid, and the landlord intends to terminate the Rental Agreement in three (3) days if the rent is not paid.

2. Notice to Terminate Tenancy for Any Other Reasons

If the landlord wishes to terminate tenancy for any other reason and is not familiar with applicable landlord tenant laws, THEY SHOULD SEEK LEGAL ADVICE.

3. Forcible Entry & Detainer

All notices to terminate must be followed up by serving a FORCIBLE ENTRY NOTICE which is obtained from the Clerk of Court. This sets a court date for the landlord and the tenant to appear in court. The landlord will be requesting an immediate eviction. The landlord must have all copies of previous notices in the court file to have them available to present at court. IF THE PLACE OF SERVICE HAS A LOCKED SECURITY DOOR, WE NEED A KEY SO WE CAN MAKE SERVICE.

4. Writ of Possession

When the Clerk of Court receives a ruling on a Forcible Entry & Detainer action in your favor, you will need to request that the Clerk issue a Writ of Possession to the Sheriff. IT WILL NOT BE DONE AUTOMATICALLY.


The Sheriff's Office will be delivering a copy of the Writ along with a posting order stating the date of the eviction to the address of the defendant. We require that this be done at least some time during the day before the eviction. It is not necessary to serve this order on the defendant, as we will post it on the door if no one is available.

The day of the eviction, we will expect the plaintiff or his agent to check the location to see it the defendant has vacated voluntarily. Please call our office to either confirm or cancel the eviction. Contact the Sheriff's Office at (563) 589-4421 between 8:00 a.m. and 4:30 p.m. Monday through Friday (except holidays) to schedule an eviction time. We will not respond until we hear from you. If you discover that the defendant has vacated previous to the eviction date, please inform our office so we can use that time for other purposes.

At the time of the eviction, we will expect the plaintiff to provide enough manpower to complete the eviction in approximately one hour. We recognize that unusual situations requiring some more time will occur occasionally. The process must be completed by 4:00 p.m. and will be scheduled with that goal in mind. Our function is to provide the authority, keep the peace, and direct the procedure.

We also request that the plaintiff provide enough boxes and large trash bags to facilitate efficient moving of property. If heavy rain or snow is imminent, it is suggested that sheets of plastic be used to cover the property to prevent unnecessary damage. The eviction will only be postponed because of more severe weather conditions. If a waterbed needs to be drained we may request that you bring a pump in the interest of time. If a refrigerator or freezer is involved, we will expect the plaintiff to secure the appliance so a child will not have access or remove the door.

We will have the plaintiff move the property to the area where garbage pickup is done. We expect the plaintiff to remove all property/garbage from the location. We will not get involved in determining what is valuable and what is not. If the defendant vacates voluntarily, it is up to the plaintiff to decide if they want to have our office stand by while any remaining property is removed. If the eviction procedure is canceled, the plaintiff accepts any liability for property left behind.

http://www.dubuquecounty.org/Sheriff/Evictions/tabid/129/Default.aspx

 

[mightymoose]

Just to add a bit...

Yes, he sure can force you out.... he just can't do it legally. This sounds like the kind of guy that will start pulling some tricks to get you to go... changing locks, shutting off water/power etc... but all of that will get him into trouble IF and only if you go through the proper procedure to hold him responsible.

 

[dubzia]

well we live in the same house...he is renting out rooms. which in Dubuque i believe you have to have renters license, hud inspected, and it has to be zoned multifamily, which he does not posses, has not been performed, and is not zoned for multifamily. plus he receives SSI and Food stamps to which he claimed only resident and no additional income. so if he tried to sue me or go through the eviction process would that not insofacto screw him over even more...IE Jail time/Fines/Lawsuit/repaying rent already paid? im not looking to screw him over in anyway i just don't have the money to pay and he knows it...and tech its not my responsibility to make sure his mortgage is paid.

 

[Gail_in_Georgia]

No offense but living in this uninspected home with a unlicensed friend who receives both SSI and food stamps didn't seem to bother you one bit until your buddy asked you for your back rent.

Can this person sue you? Yes. Will they win? Who knows?

Gail

 

[army judge]

OP, on a legal issue, you aren't renting.

What you're doing is squatting.

You agreed to pay.

You never paid.


So, legally, you're squatting.

Now, he's got issues, too.



Go report him.

All that will do is get you evicted in another manner.

Nonetheless, you're outta there.

Report him, do him a favor.

He's kinda like Ole Brer Rabbit.

Throw him in the briar patch, he'll be just fine.

You won't pay.

You haven't paid.

You ain't gonna pay.

You're just squatting.

Go ahead, get yourself thrown out.

He ain't gonna go to jail for this.

He'll get a fine and an admonishment.

You'll be outta there, sooner, rather than later!!!

 

[dubzia]

OP, on a legal issue, you aren't renting.

What you're doing is squatting.

You agreed to pay.

You never paid.


So, legally, you're squatting.

Now, he's got issues, too.



Go report him.

All that will do is get you evicted in another manner.

Nonetheless, you're outta there.

Report him, do him a favor.

He's kinda like Ole Brer Rabbit.

Throw him in the briar patch, he'll be just fine.

You won't pay.

You haven't paid.

You ain't gonna pay.

You're just squatting.

Go ahead, get yourself thrown out.

He ain't gonna go to jail for this.

He'll get a fine and an admonishment.

You'll be outta there, sooner, rather than later!!!

I have paid rent...im just behind. i asked him if it was ok and he said yes. he understood my. i just gave him over $1200 in feb. and $300 a month before that. so i have paid him rent...and i was under the impression that he was legal. he was not on ssi nor food assistance before i moved in. that has just come about in the last 3 months.

 

[army judge]

I have paid rent...im just behind. i asked him if it was ok and he said yes. he understood my. i just gave him over $1200 in feb. and $300 a month before that. so i have paid him rent...and i was under the impression that he was legal. he was not on ssi nor food assistance before i moved in. that has just come about in the last 3 months.

Okay.

I'm not the one you will need to convince.

But, you can fix it, or ignore it and blame him.

I simply gave you advice.

You can heed it, or ignore it.

In the end, I don't have to face the consequences you might face.

 

[dubzia]

Okay.

I'm not the one you will need to convince.

But, you can fix it, or ignore it and blame him.

I simply gave you advice.

You can heed it, or ignore it.

In the end, I don't have to face the consequences you might face.

No and thats fine....i greatly appreciate it. thank you