I have a question about staying after a lease expires on an apartment
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Re: I have a question about staying after a lease expires on an apartm
Not at all, not at all, the situation is pretty sucky. My landlord has screwed me pretty badly, and they are in the wrong. They have leased my apartment out from under me, apparently back in January no less, without telling me, and I came to them wanting to renew my lease another year. Now I have 30 days to move out, and I am NOT prepared for it, nor can I afford it, I wasn't planning to move, it isn't my choice, it was forced upon me. In a nutshell, it is a pretty bad situation, and they are at fault for not informing me that they were leasing it out, 6 MONTHS before my lease expired.
Not at all, not at all, the situation is pretty sucky. My landlord has screwed me pretty badly, and they are in the wrong. They have leased my apartment out from under me, apparently back in January no less, without telling me, and I came to them wanting to renew my lease another year. Now I have 30 days to move out, and I am NOT prepared for it, nor can I afford it, I wasn't planning to move, it isn't my choice, it was forced upon me. In a nutshell, it is a pretty bad situation, and they are at fault for not informing me that they were leasing it out, 6 MONTHS before my lease expired.
Re: I have a question about staying after a lease expires on an apartm
The landlord can indeed evict you. What might happen is that they will charge you a "month to month" rent, which will be ungodly expensive. Be prepared, however, for them to simply kick you out.
The landlord has all the power here, I'm afraid. They are usually only required to give 30 to 60 days notice, depending on where you live. If they want you out, then you gotta hit the road. Such is life.
The landlord can indeed evict you. What might happen is that they will charge you a "month to month" rent, which will be ungodly expensive. Be prepared, however, for them to simply kick you out.
The landlord has all the power here, I'm afraid. They are usually only required to give 30 to 60 days notice, depending on where you live. If they want you out, then you gotta hit the road. Such is life.
Re: I have a question about staying after a lease expires on an apartm
Oh believe me I have, they are sticking to their guns that they have leased the place already to someone else, and I must move out by July 31st cause they are moving in August 1st. That's nice, I wish they had actually told me that in the first place WHEN THEY DID THIS BACK IN JANUARY WITHOUT MY KNOWLEDGE.
I asked the lady, why didn't you inform me? She says, we don't have to, it is our choice to renew your lease or not. THANKS LADY for telling me now only 30 DAYS before I have to move!
I am trying to fight it, but it honestly isn't worth it for this crappy place. All I need, is more time to prepare a move.
Oh believe me I have, they are sticking to their guns that they have leased the place already to someone else, and I must move out by July 31st cause they are moving in August 1st. That's nice, I wish they had actually told me that in the first place WHEN THEY DID THIS BACK IN JANUARY WITHOUT MY KNOWLEDGE.
I asked the lady, why didn't you inform me? She says, we don't have to, it is our choice to renew your lease or not. THANKS LADY for telling me now only 30 DAYS before I have to move!
I am trying to fight it, but it honestly isn't worth it for this crappy place. All I need, is more time to prepare a move.
Re: I have a question about staying after a lease expires on an apartm
They'll likely allow you a two-or-three day grace period to vacate/clean the apartment. If you don't, and you've made no arangements to stay another month, then they'll wait until you're gone for the day, take all of the stuff out your place, and pile it up in the parking lot. They'll also put a nice blemish on your credit report.
If you've no plans to move into another place I suggest you talk to your landlord/leasing office to get a month-to-month lease or make other arangements to work with you on this situation. Just not saying anything to them and staying? Not good or smart.
They'll likely allow you a two-or-three day grace period to vacate/clean the apartment. If you don't, and you've made no arangements to stay another month, then they'll wait until you're gone for the day, take all of the stuff out your place, and pile it up in the parking lot. They'll also put a nice blemish on your credit report.
If you've no plans to move into another place I suggest you talk to your landlord/leasing office to get a month-to-month lease or make other arangements to work with you on this situation. Just not saying anything to them and staying? Not good or smart.
Re: I have a question about staying after a lease expires on an apartm
Have they given you the legally required notice that they're not renewing your lease?
Are they under a legal obligation in your part of the world to inform you that they're not offering you an option to renew the lease?
If they haven't fulfilled their legal obligations, then I unreservedly withdraw my previous comment.
Have they given you the legally required notice that they're not renewing your lease?
Are they under a legal obligation in your part of the world to inform you that they're not offering you an option to renew the lease?
If they haven't fulfilled their legal obligations, then I unreservedly withdraw my previous comment.
Re: I have a question about staying after a lease expires on an apartm
What I plan to do is to keep sending them rent, at least I will do good by doing that, it isn't that I don't want to pay, what it is is that I need more time to prepare a move.
Also, looking at North Carolina state law, only a law officer can physically remove your stuff out of your apartment, AFTER the landlord has filed a certain thing in court to have that done, and it be approved.
What I plan to do is to keep sending them rent, at least I will do good by doing that, it isn't that I don't want to pay, what it is is that I need more time to prepare a move.
Also, looking at North Carolina state law, only a law officer can physically remove your stuff out of your apartment, AFTER the landlord has filed a certain thing in court to have that done, and it be approved.
Re: I have a question about staying after a lease expires on an apartm
They claim that they attached two notices to my door in January. However, I have NOT seen these notices. It is possible wind blew them away or something, but I have seen absolutely NO notices of what they were doing. This was NEWS TO ME.
Nothing in my lease states what kind of notice they have to give, unfortunately. But it is really shady how they do it, just attach it to your door and hope you get it? They should have called to confirm what I want to do.
I certainly did not think I needed to renew 6 MONTHS in advance of my lease expiration. NO WHERE in my lease does it say that, at NO TIME did they tell me that when I signed the lease.
They claim that they attached two notices to my door in January. However, I have NOT seen these notices. It is possible wind blew them away or something, but I have seen absolutely NO notices of what they were doing. This was NEWS TO ME.
Nothing in my lease states what kind of notice they have to give, unfortunately. But it is really shady how they do it, just attach it to your door and hope you get it? They should have called to confirm what I want to do.
I certainly did not think I needed to renew 6 MONTHS in advance of my lease expiration. NO WHERE in my lease does it say that, at NO TIME did they tell me that when I signed the lease.
Re: I have a question about staying after a lease expires on an apartm
Tenant law varies wildly from state to state, so your best bet is to consult a local lawyer regarding it.
This page states that a landlord in North Carolina cannot evict a tenant except through a court order, which is then served by the sheriff of your county. Short answer is that your landlord can't just change the locks on you -- if an active lease is in effect. Does your lease have any provisions for a month-to-month tenancy after the original terms expire?
If not, you're technically living in an "at will" or "at sufferance" tenancy the day your lease expires and your tenancy can be ended at any time by the landlord -- and it's clear that the landlord intends you to leave the premises at the expiration of the lease. A cursory examination of state law looks like the landlord is probably in the right here, despite some ostensibly shady practices. You should speak to your landlord immediately and inform him / her of your plans, and get any agreement in fucking writing.
Tenant law varies wildly from state to state, so your best bet is to consult a local lawyer regarding it.
This page states that a landlord in North Carolina cannot evict a tenant except through a court order, which is then served by the sheriff of your county. Short answer is that your landlord can't just change the locks on you -- if an active lease is in effect. Does your lease have any provisions for a month-to-month tenancy after the original terms expire?
If not, you're technically living in an "at will" or "at sufferance" tenancy the day your lease expires and your tenancy can be ended at any time by the landlord -- and it's clear that the landlord intends you to leave the premises at the expiration of the lease. A cursory examination of state law looks like the landlord is probably in the right here, despite some ostensibly shady practices. You should speak to your landlord immediately and inform him / her of your plans, and get any agreement in fucking writing.
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Re: I have a question about staying after a lease expires on an apartm
Brent, how long have you lived at your current apartment? What does your lease say about renewal? What does your lease say about going month-to-month? What does your lease say about notice to quit after the lease expires?
Brent, how long have you lived at your current apartment? What does your lease say about renewal? What does your lease say about going month-to-month? What does your lease say about notice to quit after the lease expires?
Re: I have a question about staying after a lease expires on an apartm
I've been here exactly 1 year, moved in last August 1st. The lease really doesn't specify much, it is a standard North Carolina lease form. I have to sit down tonight and really go over it, so I'll get back to you on specifics, but glancing through it today it doesn't list anything in terms of renewal dates, month-to-month etc... I'll go over it more today, this all just came down on me today, as you can tell I'm a little angry.
I've been here exactly 1 year, moved in last August 1st. The lease really doesn't specify much, it is a standard North Carolina lease form. I have to sit down tonight and really go over it, so I'll get back to you on specifics, but glancing through it today it doesn't list anything in terms of renewal dates, month-to-month etc... I'll go over it more today, this all just came down on me today, as you can tell I'm a little angry.
Re: I have a question about staying after a lease expires on an apartm
Quit fucking around on an Internet BBS, open up a phone book, and call a lawyer right now so you can actually understand your rights and responsibilities.
Quit fucking around on an Internet BBS, open up a phone book, and call a lawyer right now so you can actually understand your rights and responsibilities.
Re: I have a question about staying after a lease expires on an apartm
In a general sense, they should have given you a notice to renew. Unless the law or the lease gives you precedence to renew, they don't have to let you renew the lease, and thus, they can lease it out to someone else and boot you after your lease is up.
What you're going to do is attempt to squat. If they cash your check to rent past the terms of the lease, that would constitute a legal contract, giving you certain rights to stay there. Of course, if they don't cash the check, then you're simply squatting, and I suspect that a court order gets your stuff tossed into the parking lot by the Sheriff within a few days of your attempt to squat. It will really depend on whether the law allows you to squat or whether or not your just trespassing. It may take a court order, or the police may just be able to toss everything because you're trespassing.
In a general sense, they should have given you a notice to renew. Unless the law or the lease gives you precedence to renew, they don't have to let you renew the lease, and thus, they can lease it out to someone else and boot you after your lease is up.
What you're going to do is attempt to squat. If they cash your check to rent past the terms of the lease, that would constitute a legal contract, giving you certain rights to stay there. Of course, if they don't cash the check, then you're simply squatting, and I suspect that a court order gets your stuff tossed into the parking lot by the Sheriff within a few days of your attempt to squat. It will really depend on whether the law allows you to squat or whether or not your just trespassing. It may take a court order, or the police may just be able to toss everything because you're trespassing.
Re: I have a question about staying after a lease expires on an apartm
I just checked further in. Article 3 of Chapter 42 of the State of North Carolina General Statutes states:
It then goes into the court process discussed above, with first the landlord seeking a court order, the order being issued and notice of court proceedings served to the tenant.
I just checked further in. Article 3 of Chapter 42 of the State of North Carolina General Statutes states:
It then goes into the court process discussed above, with first the landlord seeking a court order, the order being issued and notice of court proceedings served to the tenant.
Re: I have a question about staying after a lease expires on an apartm
Which means that the jackaround time in the legal system would enable you to stay just long enough into August to find another place.
I'd suggest you do two things:
1.) Ascertain whether or not it was legal for them to offer a lease to someone else back in January without giving you option to renew.
2.) See if your landlord will extend your time until Aug. 15.
I don't think that even if you could win this, you'll want to keep living there... find another place ASAP.
Which means that the jackaround time in the legal system would enable you to stay just long enough into August to find another place.
I'd suggest you do two things:
1.) Ascertain whether or not it was legal for them to offer a lease to someone else back in January without giving you option to renew.
2.) See if your landlord will extend your time until Aug. 15.
I don't think that even if you could win this, you'll want to keep living there... find another place ASAP.
Re: I have a question about staying after a lease expires on an apartm
Still, staying there -even if the legal "jack around time" will allow him to do it to his advanatge- isn't going to do his credit report or his rental history any favors.
Still, staying there -even if the legal "jack around time" will allow him to do it to his advanatge- isn't going to do his credit report or his rental history any favors.
Re: I have a question about staying after a lease expires on an apartm
If you don't mind my asking, what is stopping you from moving on or before July 31st? It sounds like it would be easier to find a temporary place than staying where you are in possible violation of your lease agreement. I'm in a different state, but I was able to find a new apartment over the weekend and move in the next week when I moved from Tucson to Phoenix.
Something like that my not be possible in your situation, but how does it compare to legal hassles and dealing with your current landlord?
If you don't mind my asking, what is stopping you from moving on or before July 31st? It sounds like it would be easier to find a temporary place than staying where you are in possible violation of your lease agreement. I'm in a different state, but I was able to find a new apartment over the weekend and move in the next week when I moved from Tucson to Phoenix.
Something like that my not be possible in your situation, but how does it compare to legal hassles and dealing with your current landlord?
Re: I have a question about staying after a lease expires on an apartm
There are times that "sticking it to the landlord" is called for. There are other times where it's easier to move.
This is one of those times where it's easier to move, albeit if a 15 day extension could be worked out, it seems like it would make life easier for Brent.
However, if the notice to quit was not duly delivered in accordance with NC law, the lease may revert to a month-to-month or autorenewal. In which case, Brent may hold the aces.
Which is why JKTim, who is no slouch when it comes to landlord-tenant law, is so adamant that Brent talk to his (a) lawyer ASAP.
There are times that "sticking it to the landlord" is called for. There are other times where it's easier to move.
This is one of those times where it's easier to move, albeit if a 15 day extension could be worked out, it seems like it would make life easier for Brent.
However, if the notice to quit was not duly delivered in accordance with NC law, the lease may revert to a month-to-month or autorenewal. In which case, Brent may hold the aces.
Which is why JKTim, who is no slouch when it comes to landlord-tenant law, is so adamant that Brent talk to his (a) lawyer ASAP.
Re: I have a question about staying after a lease expires on an apartm
Although the "it was attached to the door" excuse could allow the landlord to produce a backdated document at any time and claim the tenant "lost" it.
YES. And he should make provisions for a temporary place to stay (with a friend, etc.) as well in the event that the landlord does have the legal right.
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