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TheOnly | LANDLORD PROBLEM- legal issues? |
I think I am in the legal right per se, but just wanted to make sure what others thought who might have had experience with a slum lord.
We signed a 5-month lease from April 07-August 07. Our lease was up in Aug. and we did not resign. There was no mention of resigning, so we stayed on until Nov. paying month by month. We gave him a notice on Nov. 8th that we would be out by the end of that month.
Now, he keeps harassing us STILL for those 8 days of rent because he says we must give him a 30-day notice. My opinion and what I think is legally right: our contract is void! Our contract with him ended in August, so we didn't legally have to give him any notice.
Just want to make sure, because I am going to write him a letter to stop harassing us, but I want to be right if he is going to take this to small claims court.
Note: there were so many things wrong with the apartment that were documented, complaiend about, but never fixed: hole in the floor dropping 15 ft to basement
Additional Details
Okay- our lease was OVER the contract was ENDED. I paid him for the month of November!! He wants 8 extra days for Dec 1-9 where we did not stay there just because we did not give him exactly 30 days notice. But our contract was done, he never approached us to sign a new one, and we had no verbal agreement. |
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pcilliterate
|
Unfortunately, he has every right to chase you for the money...
Your (ex)landlord was still getting money from you months after the lease finished, so he assumed (naturally) you wanted to stay on. In his mind, he had paying tenants in his building, and could expect rent every month.
You then gave him notice you were leaving (no problem there), but moved out eight days earlier than he expected (going by the terms of the contract), which meant you broke those terms and left him out of pocket.
You may not have re-signed or agreed verbally to a new lease, but by still giving the landlord money each month, meant you were happy to continue living in his property, and he was happy to let you stay.
This would be seen as a contract (money for a service) in any court, or more importantly, a continuation of the original contract (as both parties were content to let things continue), meaning the original terms and conditions of your lease would still apply.
A contract can't possibly be void if both parties still abide by its conditions (in this case - one paying money, the other providing the property).
As for the problems in the apartment, unfortunately finding faults is no excuse to not pay rent. That is a separate matter entirely and any Judge will view it that way. Do you really want two (or more) trips to court, and a lot of hassle for something you'll most probably lose anyway (and have to pay out for - court costs etc)?
Better to pay him for the eight days, and brush this episode under the "lesson learnt" carpet... |
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Landlord
 |
It does not matter that your lease ended. You then when month to month and all housing laws still applied to both renter and landlord.
Legally you need to give him a 30 day notice. In most states you owe until Dec 8th. A few states do not require pro-rating, in those you owe until Dec 31.
He does not have to stop "harassing you" as you owe him money. If you force him into court he will win, without question. The judge will award him interest and damages (legal costs) in this case, so you are just running your bill up. |
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Jason K
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Doesnt matter, as long as you stay on his land you have to give hime 30 day notice if whether your on month to month or not if the contract signed with him insisted 30 days. |
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betas
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Even if you lease expired, you have to give your landlord 30 day notice. If you don't he may charge you with the days it takes to rent the place again. |
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STEPHANIE
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He is entitled to the 8 days of rent, as even a month to month contract requires a 30 day notice. He can't charge you for the months the apartment was vacant or anything else, though, because after you paid that 8 days, your rental obligation was completed.
My advise is to just pay him for the 8 days. He is only harassing you because he wants the money. If the 8 days is the only issue, he should leave you alone once he receives it.
If you paid a deposit, he can take that rent out before giving it back to you. |
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Jarod C
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I'm a landlord, and you have to give a 30 day notice, if you pay a month rent......its only fair, we need to be prepared for your departure. People never do it though, just makes a hassle. Just like we have to give a 30 day notice of eviction, but not until 30 days AFTER you're late....it sucks.......you can't just up and leave,,,judge won't like it......Why couldn't you of just told him? |
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Nun Y
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it is not 30 days ...it is one complete rental period. in your case that means WRITTEN notice by the end of December received by the landlord before midnight November 30th.. re-reading your question you state: PAYING month to month...he let you live there in exchange for money...that's a contract....it is not unreasonable to not be able to rent the apt for 2 months so you could be liable for 2 months or more if it hasn't been rented, so the simplest is just pay the eight days...HOWEVER, if you documented the problems, IN WRITING and they weren't fixed in 14 days you might be entitled to a rent abatement. just google landlord/tenants rights and responsibilities for your state.. however, keep in mind you have yet to give him proper legal notice to vacate |
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trblmkr30
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Yes, you owe the money. Standard notice time is 30 days, but he is being rather nitpicky about it. He probably will not take you to court - small-claims or otherwise - over such a small amount. If he does, bringing up the problems you had with the unit will not help you. The judge will say that you should have done something about that at the time you lived there.
If you want to push it, just tell him in writing to stop calling you. A debt collector must stop calling if you tell them to. They can still write letters, though. Then you just ignore him and don't pay.
As for suing him for harassment, as one brain surgeon suggested here, not going to happen. He's trying to collect a debt, as is his right. So long as he stops calling when you ask him to stop calling, he's within his legal rights. |
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Craig T
|
You are fortunate that he is only asking for 8 days.
In most states, when the written lease period expires and the tenant stays without signing a new lease that is a holdover tenancy and it automatically becomes a month to month lease. And you, the tenant are required to give 30 days WRITTEN notice on or before the beginning of the next rental period to properly and legally terminate your month to month lease. Since you refer to 8 days, I assume your lease was April 1 - Aug 31 thus your month to month lease renewed on the 1st of each month. So LEGALLY, giving notice on Nov 8 is 30 days notice effective Dec 1 with a tenancy end date of Dec 31. I can assure you should the landlord take it to court, he will win and legally he is entitled to rent from you for the entire month of December and not just 8 days.
As far as all the things you say are/were wrong with the apt, if you bring those up in court I can pretty much predict what the judge is going to say. " If the place was so bad, why did you stay there? And why did you stay 3 MORE months past when your lease expired?" |
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reenzz
|
Most, if not all states would hold you liable for a full 30 days notice. Many states would require you to give this notice prior to the beginning of your monthly rental period...meaning if you go to court, your landlord may be entitled to rent for the full month of December as well. Pay the eight days...you legally owe it, or don't pay and take your chances in court and end up paying a helluva lot more and a big red flag on your credit report. As far as all of the things wrong with the apartment...it's now irrelevant since you no longer live there. |
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robert w
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u were on a 30 day lease/rental implied contract . legal and enforceable.
u gave him 22 day notice.
u owe him 8 days rent and fees .
pay the money and accept ur 'dumb taxes' .
he can take u to court , u will lose, u will pay rent/fees/court fess.
pay the money.
as for the hole , this has nothing to do with ur contract and will waste ur money. |
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ronidl76
|
It sounded as if you hadn't paid for November, but since you did, and were out by the end of the month, I don't know what they're crying about. You DID have to give him notice though, since you were still occupying the apartment, eventhough your contract was up. It's sad, but if his policy is to give a 30-days notice, then you may be responsible for those 8 days. (I LOATHE THE FINE PRINT, TOO) |
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CareFind
 |
Check the agreement terms, what you signed should adice you. The one point you need to know is that you still occupied the land till the said time.
So you may pay him |
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Grandma of 2
|
Was there anything in the lease that stated, that if the lease wasn't resigned....then it became a month-to-month tenancy. If it did, you would then be legally bound to give the 30 day notice required. However, as a landlord myself...I can't believe he is being unreasonable about 8 days. He still had plenty of time to find a new tenant. |
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w00tages
|
I think you'll find that once the contract has ended that you do not have to hold to the contract obligations. However, it may depend on State or even County law.
Also, with an existing contract, if the landlord claims a verbal agreement then that may lean in his/her favor.
However. With documented safety issues this may pull for you as well. Especially if they are well documented and part of the reason you chose to move.
It could be sticky but at a glance I would say you might not have the stronger case. |
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Amanda P
|
I dealt with the same thing. A slum lord that would not fix a thing and luckily a work for a law firm so i got all the legal answers I needed. You do not owe him anything, you may stay there until he asks you to leave or sign another lease. As of right now you have no lease and he never asked you to sign another one so you are on a month to month now. If you leave on the 8th, you dont owe him for half the month, he should have asked you to sign another lease if he expected the money. |
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reggie
|
He wants 8 days rent? Forget it. However although your original tenancy was for 5 months, because you stayed and continued to pay the rent, your tenancy agreement ran on. I think you would be better including in the letter stuff about the problems you had with the apartment. Say you had to get things fixed at your own expence and tell him that as far as you are concerned you are quits but that if he persues the matter you will counterclaim for compensation - which will obviously be far greater than the sum of 8 days' rent. Good luck!! |
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pink_elephants_on_parade
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In Kentucky, if you pay your rent weekly then you are obligated to give a week's notice of vacancy. You would be in the wrong here, however, it's probably not really worth his time to take you to court.
I would advise documenting the minute details every time he calls...if he takes you to court, you can sue for harassment. |
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SHUGA
 |
You are correct your contract is up and you do not have to give notice also just in case he tries to take it to small claims court make sure you have pictures and documentation of all the problems and things that he has not fixed in the apartment |
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Pie Goddess
 |
Screw thy landlord! He sounds like a...a baaaaaad man! |
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frustrated tenant
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i need help.. i rented an apartment from GREEN WIN apartment , ok .. my rent is $555 i paid my august 2010 rent .. apparently they lost the money order i gave them.. now they are writing me letters every month since august 2010 that i owe then money... is there anyway that i can sue the for harassment?... because i have all my receipt ... my august money order they stamped the back stating "received" what can i do? am getting frustrated with them.. also i just received a letter from them to move out February 26 2010 .. plzz help!! |
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