landlord thats not the landlord

[kipstermania]

I moved into this house nearly one year ago with another guy. The 'landlord and owner' who was also living in established that rent was $450 a month and had us (me and the other guy) sign leases for the rooms for 12 months. Well in talking to the neighbor recently I found out the previous owners name and that there was never a for sale sign in the yard and that it had always been a rental property. So I look the 'previous owner' up and ask him about the property. He says that it is indeed his property, that rent is $900/mo, and that the current tenant does not have permission to sub lease the rooms because the area we are in is a college community and he doesn't want kids trashing the place. Brandon and myself have been paying this guys rent for nearly a year. Is there any legal action to recoup this rent he has not paid or do I just squat and make him pay rent for a while?

 

[army judge]

I moved into this house nearly one year ago with another guy. The 'landlord and owner' who was also living in established that rent was $450 a month and had us (me and the other guy) sign leases for the rooms for 12 months. Well in talking to the neighbor recently I found out the previous owners name and that there was never a for sale sign in the yard and that it had always been a rental property. So I look the 'previous owner' up and ask him about the property. He says that it is indeed his property, that rent is $900/mo, and that the current tenant does not have permission to sub lease the rooms because the area we are in is a college community and he doesn't want kids trashing the place. Brandon and myself have been paying this guys rent for nearly a year. Is there any legal action to recoup this rent he has not paid or do I just squat and make him pay rent for a while?

Sure, you could sue the guy for the "rent" you paid.
But, you wouldn't win.
You agreed to the deal and signed a lease to boot!
Besides, a court would reason, you would have paid to rent somewhere anyway.

The best thing for you to do, is get out.
If this amateur con-man tries to enforce the lease against you guys for back rent, you can get the owner to say that he had no authority to rent to you.
There goes his case!
Courts don't enforce illegal transactions.
You might just end up with him having to pay you!

I doubt that he'll sue you, however.
Therefore, you should leave ASAP.
Get out now, this is going to go all so wrong soon.

I can't see the landlord allowing his little charade to go on without the landlord doing something.
That probably means the landlord will try to evict him for illegally subletting to you and your pal.
Pack your stuff, don't leave a forwarding address, and move while he's away.

If you could do this a few days BEFORE the next rent payment is due, it'll leave this bum in a real hard place.
It would also serve him right.

If you don't pay him, you'll have $900 between you to get other, legal accommodations!

 

[kipstermania]

Well my only issue is that we don't want to get out! As far as I can see it we have proof that we have been providing the rent. Why should we have to move if we have been the sole source of the rent? He should be the one leaving! A friend of mine said we should squat and not pay rent and make him try to evict us then pursue legal action if he indeed does try to levy some sort of landlord entitled power. I am an unemployed service member I am sure a judge wouldn't be too keen of his treatment to someone in my position.

 

[Gail_in_Georgia]

If you didn't want to upset the apple cart on this deal, why did you contact the actual owner?

The actual owner now knows you live there and unless the two can talk him into letting you stay (and becoming tenants), he's likely to focus on getting all three of you out legally.

Gail

 

[kipstermania]

I never stated I told the landlord the situation. We still receive mail from the previous tenant and I called acting like a friend of theirs asking if it was occupied and how much rent was there. I know not to play my hand before it is delt