Landlord is not the Landlord??

[laraej]

Saturday morning my daughter wakes me up and says there is a little old lady at the door, asking what we are doing in the house and she owns it.

I go to the door to discover that the man I signed the lease with never told his Aunt and Uncle that he moved out and leased the house to a third party, us.

I have lived there two months now, paid $1500 Deposit in June, paid rent $1500 per month, July, August and September. We have a 6 month lease through December. Is this lease valid? Do I even have a lease? He is not the owner of the house apparently.

This new older couple, his Aunt and Uncle, after getting over the shock just wants all documents pertaining to the lease, the application, the lease, and any copies of receipts of rent. I have all of this of course, but I am not sure what to do? Should I just give it to them?

What burns me is that I did do research and I did find out the Landlord was not the owner, but when I asked him about it, he said it was his Aunt's and Uncle's house and that they are older and he is doing it for them. He them stated that is why we could never be late on the rent because they use that money to support themselves. So I believed the story after I confronted him about it..:no:

Since I want to stay, I would think I need to renegotiate with the owners draw up a new lease and start over with them? They want to come over and access the house, get the nephews stuff out of there and see if any work needs done.

Yikes! What a mess!

 

[army judge]

You have a very big problem.

You're right to start negotiations with the real owner's, Aunt Agatha and Uncle Remus.

But, the nephew could pose a problem for all of you.

He may not have the right to lease the property (actually sublet is what he's done).

He may have certain rights that can only be taken away via legal process. Sounds silly, right? Nevertheless, he could hold a couple of cards in this game of renter's poker!

If Auntie and Uncle are willing to take the fall, his hand might not be so great after all. They might be able to scare him by threatening to contact the prosecutor/police about his apparent fraudulent activities.

Good luck.

 

[mightymoose]

Kiss your $1500 deposit goodbye... unless the nephew straightens things out you won't see it again.

 

[laraej]

Thank you mightymoose, I hadn't really thought about the deposit yet. I agree, the deposit is probably gone, unless the family can straighten things out behind the scenes. After the inital shock of us being in the house, the Auntie and Uncle want to keep us there and renew a lease, which I will make sure the deposit is rewritten in. (If at all possible..)

In the meantime, I have almost a month to get them to work it out, draw up a new lease and figure out who I legally pay. In Hawaii the Land Lord Tenant, falls under the DCC, the Department of Commerce and Consumer Affairs. I have called them and they are hesitant as to who I would pay my October rent to as well. They suggested an attorney.

Armyjudge, if the nephew doesn't turn over his rights, my lease (or a new version) and deposit to the Uncle and Auntie, I may still be bound to pay the nephew, despite the ownership.

Perhaps, I just tell them that October use my $1500 deposit and get the heck out? Again I know it is not the legal thing to do, but by the time they figure out an eviction, the month will be gone. That option just doesn't sit well with me though as I am very honest, so unless they agreed, I wouldn't feel up to the fight.

Currently, I am going to be patient and wait it out. If I haven't heard from either party by Friday next week, I will have to start my own negotiations...

Thank you for all of your advice, damn what a mess!