 Does my roomate have to give me/landlord 30Days Notice if he's not on the Agreement? |
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Additional Details
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kiwi | Snotty tenant? |
Trying to sell our house. Tenant called last night and said that we have to take the realtor's for sale sign out of the front lawn. That the sign is causing people to peek into his windows and he will not put up with that.
Further, he said we will have to sell it sight unseen because he is never going to find a convenient time for realtors to show it to people. The month to month lease plainly states that house can be shown at a time convenient to the renter.
Rumor is that he may declare bankruptcy. Tenant says that if he does that, we can not evict him for 7 years, even tho the lease is month to month.
The guy knows all the angles. What do we do with him?
Additional Details
Martinis, that's what I feel like doing. Can't think that's legal, tho. |
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Happy Murcia
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Give him the one months notice ,tell the estate agents and consult with a lawyer |
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Schmoke and a pancake?
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He doesn't know any angles. Not one thing he has told you is true.
1. You have the right to put a for sale sign in the yard of your own property and your tenant has no right to remove it.
2. You have the right to allow people onto your leased property for the purpose of renting or selling it to someone else. Especially if it is in the lease. If he is on notice that a realtor may bring prospective buyers around, and is aware they are coming on 24 hours' notice, then he cannot deny them entrance. This would be a breach of the lease, and he is keeping you from disposing of the property, and making money from it once he is gone.
3. His allegation that you can't evict him for 7 years if he files bankruptcy is just ludicrous. That would mean that any person who had filed could live rent-free, causing as many problems as they want for the owner, preventing the owner from disposing the property or earning a profit from it. This could drive the owner into bankruptcy as well! In a month to month lease, either party can terminate it on 30 days' notice. Period. A bankruptcy does not convert it into a 7 year free-for-all.
Give this crackpot his 30 day notice and be done with his nonsense. I understand that this will deprive you of the rent you are earning from him, but given the trouble he likes to give you, it might be worth it, and the home might sell faster without Mr. Crazy's interference. |
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Brian G
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Add a new sign to the "for sale" sign that says "Do not disturb tenant" and talk to a real estate lawyer immediately. This guy has either done a lot of research on this or is pulling a big bluff on you. Either way, you need to protect yourself and your assets with professional help RIGHT AWAY!
Do not go with the suggestion of changing locks while he is out. You will then be in violation of his rights and he can sue you. Giving the 30 days notice before talking to a lawyer only gives him notice that you are going to try to get him to move out. See the lawyer first. |
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beanie
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Not sure about the rules where you are, but in the UK, the landlord has a right to serve notice to the tenant asking them to vacate the house within a certain period. |
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satarnag
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In California, you can enter the property by giving him 24 hours notice. Also, filing bankruptcy now does nothing but stall it 5-7 days. Check with an eviction lawyer in your area.
Regards |
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I AM BACK
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leagal action.................... do not wait...................... |
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sandie
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talk to a good solicitor? see if there is any way that he is breaking the law or not aggreeing to the terms of the lease? |
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goz1111
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If he is on a month to month lease, send notice right now informing him you are ending the lease with month notice must leave be end of Aug or you will evict
if he does actually file for bankruptcy long shot you still can get him out may take two months since you will need a lawyer to go to federal bankrupt judge and request a hearing on the matter only of non-payment of rent, |
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spadezgurl22
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he definitely not allowed to do this. if he is living month to month then serve him with 30 days notice. do not accept any rent from him. after 30 days take written notice to court and have him evicted. you have just cause living month to month. i think its absurd for him to ask you to take the sign down. u are the owner and u clearly have written c onsent allowing Realtors in. let him know u will be evicting him and he must allow the Realtors in since u have legal ownership of the property. u don't need this guy possibly stopping the sale of your house. get him out asap. the nerve of some people! he does not have as much rights as he thinks living there as a month to month tenant. |
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bellslady65
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If he signed a lease agreeing to let people into the house when it is convenient for him, then he is legally bound to find the time. If he does not then you probably have the right to go in and show the house along with the Realtor. If he is talking about bankruptcy to keep people and you from getting to your home, SEE A LAWYER NOW!!! This guy is just trying to intimidate you and by you doing nothing plays right into his hands. |
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undercover elephant
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This is the problem with private renting. When the landlord wants to sell, the house is worth more vacant than with a sitting tenant, which is not only a detriment to the vendor and the buyer, but to the poor tenant who has no security in his life.
If ever there was a case for social housing and secure tenancies, this is it. |
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jcincincinr
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you should hire a lawyer, and let him stick it to the a/hole, good luck man.. |
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capa-de-monty
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he may feel you are invading his home and rail roading him to move ofrfer him £500 to move. |
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Debs
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waite untill he goes bankrupt then change all the locks when he is out as he is bankrupt and this is a civil matter he will be unable to get legal aid or call in the boys first visit ask nice find him somewhere else and get THE BOYS to assist in his move nnnnaaaaaaaa you need to talk it will only get worse you can not put a price on the effects of stress good luck |
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jo
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Citizens advice soon as possible, what a bloody cheek hes got, it dosent soung right 7 yrs on a monthly lease ? sounds like crap hes sprouting to me! Your estate agent should know what to do! |
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borgpicard
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get a couple of guys to take him for a ride and explain to him that he`s not wanted. |
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lee
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Have you done somethin to upset him!!!
I'm a tennant and if my landlord wanted to sell i'd make sure i had somewhere to go before they put a for sale sign up or i'd be seriously upset.
Did you give them enough notice??? |
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vskane2000uk
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This is not legal advice - just an opinion from someone who's been there.
Serve a notice to quit right away. His Bankruptcy means nothing to you. Your contract is to provide the property and in return he must pay the rent - nothing more. You are not bound by his financial circumstances.
If he breaches his tenancy you have rights to serve notice, conduct inspections etc. Trump up some abuse allegations and the like. Does he pay his rent by cheque? If so then forget to cash it and serve notice of breach on him. You can make it very uncomfortable for him to live there.
This is a bit extreme, but if he's about to go bankrupt then wait until he's out. Change the locks and boot him onto the street. He will need a lawyer to sue you - and cash. He will get neither as a Bankrupt. Chances are he will just skulk away.
I reiterate this is not legal advice. You should judge this character on his own merits. If you think he has the capacity to start dragging you to Court then get a good lawyer and let them sort it out. It will be money well spent. |
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Lisa T
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Wait until he goes out, then go in and change the locks. If i had a tenant like that, then i would send the big boys round. |
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