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What are the legal implications of a landlord moving in as a roommate?

What are the legal implications of a landlord moving in as a roommate?

Full question:

Landlord moved into our kid's apt, for a few days. Told them to move out, a few days later, none of anything is in writing. She interfered with them moving out, called police. She was told not to interfere, but we were told by police that she IS a roommate, as her clothes and sleeping linens were there(air mattress the kids provided her.)The kids were foolish to let her stay,but what could they do?, they thought it was a few days guest situation. She had already made mail, and utility transfers days prior, she knew she was no "guest",as she let them think. Rotten behavior, any recourse?? Kids do have another apt, and most of their stuff out. Kids don't have any wherewithal to fight, and it's not worth it, but what is the law regarding what constitues a roommate?, I think the police were wrong there.

Category: Landlord Tenant
Date: 04/07/2025
State: New Hampshire

Answer:

The situation you're describing raises important legal issues regarding landlord-tenant relationships and roommate status. In many jurisdictions, a person can be considered a roommate if they have established residency, which can include having personal belongings, mail, or utility accounts in their name at the residence.

In this case, the police may have deemed the landlord a roommate because she had clothes and linens there, which indicates a level of permanence beyond that of a guest. The fact that she transferred mail and utilities suggests she intended to stay longer than just a few days.

If your kids feel that the landlord's behavior was inappropriate, they may have legal recourse, depending on local laws. It's important to document everything that happened, including any communications with the landlord and police. For further guidance, users can search for state-specific legal templates at .

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What is a tenant responsible for when moving out?

When moving out, a tenant is responsible for cleaning the rental unit, removing all personal belongings, and returning keys to the landlord. They should also ensure that any damages beyond normal wear and tear are repaired. Additionally, tenants should provide notice to the landlord as required by their lease agreement. Failure to fulfill these responsibilities may result in deductions from the security deposit or other legal consequences.

Can a tenant call the police on the landlord?

Yes, a tenant can call the police on a landlord if they believe the landlord is violating the law, such as entering the rental unit without permission or harassing them. However, the police may not intervene in disputes related to lease agreements unless there is a clear violation of the law. It's advisable for tenants to document any incidents and seek legal advice if necessary.

Can you sue a tenant after they move out?

Yes, a landlord can sue a tenant after they move out if there are outstanding debts, such as unpaid rent or damages beyond normal wear and tear. The landlord must provide evidence of the claims, such as a lease agreement and documentation of damages. Legal action should be considered as a last resort after attempting to resolve the issue amicably.

Can my landlord sue me after I move out?

Yes, a landlord can sue a former tenant after they move out for reasons such as unpaid rent, damages to the property, or breach of lease terms. The landlord must demonstrate the basis for the lawsuit and provide evidence to support their claims. It's essential for tenants to understand their rights and obligations under the lease agreement.

Do landlords get notified when cops are called?

Typically, landlords are not automatically notified when the police are called to a rental property. However, if the police respond to a situation involving the landlord or tenant, they may inform the landlord if necessary. Tenants should be aware that calling the police may escalate tensions and should consider documenting incidents before making such calls.

Is it worth suing a tenant?

Whether it's worth suing a tenant depends on the circumstances, including the amount of money owed and the likelihood of collecting a judgment. Legal action can be costly and time-consuming, so landlords should weigh the potential benefits against the expenses involved. Seeking mediation or negotiation may be a more effective first step.

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