Re: I have a question about staying after a lease expires on an apartm
This is the best advice in this thread.
This is the best advice in this thread.
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
From my limited knowledge of real estate law, I think the law is on their side, sadly. After a lease expires, you only can rent month to month. As long as they give you notice, you can be evicted. Now, if you send them checks and they cash them, that'll give you another month. But if they don't cash them, then it doesn't.
From my limited knowledge of real estate law, I think the law is on their side, sadly. After a lease expires, you only can rent month to month. As long as they give you notice, you can be evicted. Now, if you send them checks and they cash them, that'll give you another month. But if they don't cash them, then it doesn't.
Re: I have a question about staying after a lease expires on an apartm
I FOUND SOMETHING IN MY LEASE! Check this out:
"In the event such written notice is not given or if the Tenant holds beyond the initial term, the tenancy shall automatically become a Month to Month tenancy upon the same terms and conditions contained herein and may thereafter be terminated by either Landlord or Tenant giving the other 30 days written notice prior to the last day of the then current period of the tenancy."
So does that mean what I think it means?
I FOUND SOMETHING IN MY LEASE! Check this out:
"In the event such written notice is not given or if the Tenant holds beyond the initial term, the tenancy shall automatically become a Month to Month tenancy upon the same terms and conditions contained herein and may thereafter be terminated by either Landlord or Tenant giving the other 30 days written notice prior to the last day of the then current period of the tenancy."
So does that mean what I think it means?
Re: I have a question about staying after a lease expires on an apartm
Yes and no. As mentioned earlier, the "attached to the door" statement is something that clearly tips the scales in the landlord's favor; assuming the landlord can produce a backdated document copy, he / she could stand up in court and say, "We went above and beyond -- we gave several months notice in advance." And, yes, many landlords will have no problem doing so.
Even so, you received notice today, technically. The end of the current period of the tenancy is July 31, and your landlord has informed you that you are to be off the premises by then, as the property has been newly leased for a term beginning August 1. That's clear-cut. You've been told in no uncertain terms that you are not welcome to enter a month-to-month arrangement, and you are not welcome on the property after 11:59 p.m. on July 31.
That said, since no one on this board is, to my knowledge, licensed to practice law in the State of North Carolina, open up a goddamn phone book and call a lawyer. I cannot repeat this clearly enough, speaking as someone who's been embroiled in a landlord / tenant dispute that eventually went to court.
Here. Go nuts.
Yes and no. As mentioned earlier, the "attached to the door" statement is something that clearly tips the scales in the landlord's favor; assuming the landlord can produce a backdated document copy, he / she could stand up in court and say, "We went above and beyond -- we gave several months notice in advance." And, yes, many landlords will have no problem doing so.
Even so, you received notice today, technically. The end of the current period of the tenancy is July 31, and your landlord has informed you that you are to be off the premises by then, as the property has been newly leased for a term beginning August 1. That's clear-cut. You've been told in no uncertain terms that you are not welcome to enter a month-to-month arrangement, and you are not welcome on the property after 11:59 p.m. on July 31.
That said, since no one on this board is, to my knowledge, licensed to practice law in the State of North Carolina, open up a goddamn phone book and call a lawyer. I cannot repeat this clearly enough, speaking as someone who's been embroiled in a landlord / tenant dispute that eventually went to court.
Here. Go nuts.
Re: I have a question about staying after a lease expires on an apartm
It means they can give you thirty days notice and then tell you to leave. Meaning, if they tell you to leave today, you'll have to leave by the end of July.
EDIT: I should clarify that it is distinguishing itself from a regular lease period (6 months, a year, etc) where they can't just kick you out for any reason with 30 days notice. It's much tougher.
It means they can give you thirty days notice and then tell you to leave. Meaning, if they tell you to leave today, you'll have to leave by the end of July.
EDIT: I should clarify that it is distinguishing itself from a regular lease period (6 months, a year, etc) where they can't just kick you out for any reason with 30 days notice. It's much tougher.
Re: I have a question about staying after a lease expires on an apartm
Actually, there's no need to call a lawyer. If they gave him notice in writing today, he's done. He can call a lawyer, and they'll tell him what we've told him.
Re: I have a question about staying after a lease expires on an apartm
He wasn't clear, though, whether the notice was in writing or verbal. And I think it's important that he at least spend five minutes on the phone with someone who's licensed to practice and is familiar with landlord-tenant law in the State, spell out the situation and be apprised of his rights. Although my suspicion is that, yes, he's out of options and he needs to
He wasn't clear, though, whether the notice was in writing or verbal. And I think it's important that he at least spend five minutes on the phone with someone who's licensed to practice and is familiar with landlord-tenant law in the State, spell out the situation and be apprised of his rights. Although my suspicion is that, yes, he's out of options and he needs to
Re: I have a question about staying after a lease expires on an apartm
I got into it with my last landlord over an illegal raise to our rent. We simply got tired of being pushed around. She told us in September that she was raising our rent the first of January. We had been on a month-to-month lease for two years, so when November 30th came and went with nothing in writing, we paid the same amount on the first of January. She went nuts. I called a lawyer, he said that I was technically correct, but she could close on our lease with thirty-days notice in legal retaliation. A buddy of mine happened to be playing golf with her lawyer when she called to start eviction proceedings. The lawyer had already heard my side from my buddy (I had no idea of this ... nuther long story), so he told her that she screwed up and didn't give us legal notice and that he couldn't begin the proceedings.
Long story short, our rent was raised on the 1st of March, legally. We moved out at the end of July (thankfully), and she lived in fear of us during the remainder of our term.
Moral of the story? Look into this with a LAWYER, not us schlubs on TrekBBS.
I got into it with my last landlord over an illegal raise to our rent. We simply got tired of being pushed around. She told us in September that she was raising our rent the first of January. We had been on a month-to-month lease for two years, so when November 30th came and went with nothing in writing, we paid the same amount on the first of January. She went nuts. I called a lawyer, he said that I was technically correct, but she could close on our lease with thirty-days notice in legal retaliation. A buddy of mine happened to be playing golf with her lawyer when she called to start eviction proceedings. The lawyer had already heard my side from my buddy (I had no idea of this ... nuther long story), so he told her that she screwed up and didn't give us legal notice and that he couldn't begin the proceedings.
Long story short, our rent was raised on the 1st of March, legally. We moved out at the end of July (thankfully), and she lived in fear of us during the remainder of our term.
Moral of the story? Look into this with a LAWYER, not us schlubs on TrekBBS.
Re: I have a question about staying after a lease expires on an apartm
I know that, at least in California, the "posting on the door" argument is a load of crap. A notice of eviction must be sent by certified mail. They cannot post it on someone's door or even just drop it in their mailbox themselves. They must send it by certified mail so that there is a signed receipt saying you got it. Telling you verbally or handing you a note in person also doesn't cut it. They need your signature stating that you have officially received notice.
Renters/Leasers have more power than you realize. Do go see a lawyer immediately.
ETA: If you don't receive a notice in writing in the manner legally required by your state, make sure you give your 30 day notice on the 16th stating you will be out by the 15th of August. They may then realize their mistake of not informing you legally, and just let the matter drop given that you will be leaving on your own accord. Rather than going to the extra expense of having you evicted through the courts.
I know that, at least in California, the "posting on the door" argument is a load of crap. A notice of eviction must be sent by certified mail. They cannot post it on someone's door or even just drop it in their mailbox themselves. They must send it by certified mail so that there is a signed receipt saying you got it. Telling you verbally or handing you a note in person also doesn't cut it. They need your signature stating that you have officially received notice.
Renters/Leasers have more power than you realize. Do go see a lawyer immediately.
ETA: If you don't receive a notice in writing in the manner legally required by your state, make sure you give your 30 day notice on the 16th stating you will be out by the 15th of August. They may then realize their mistake of not informing you legally, and just let the matter drop given that you will be leaving on your own accord. Rather than going to the extra expense of having you evicted through the courts.
Re: I have a question about staying after a lease expires on an apartm
A visual aid. This is a lawyer. Call one as JKTim has strongly suggested.
Good luck.
A visual aid. This is a lawyer. Call one as JKTim has strongly suggested.
Good luck.
Re: I have a question about staying after a lease expires on an apartm
Thank you Guys for ALL your help and your suggestions, I very much appreciate it!
I think it just isn't worth the fight, after talking to my family, it just isn't worth it for this cheap place. I'm at their mercy. I am going to, in a rush, find a place to move into and I've got my dad who is willing to come up when I need him and he'll help me, and I'm just going to move out this month. It just isn't worth it. I am so not prepared to move, but I just have to do it.
Thank you Guys for ALL your help and your suggestions, I very much appreciate it!
I think it just isn't worth the fight, after talking to my family, it just isn't worth it for this cheap place. I'm at their mercy. I am going to, in a rush, find a place to move into and I've got my dad who is willing to come up when I need him and he'll help me, and I'm just going to move out this month. It just isn't worth it. I am so not prepared to move, but I just have to do it.
Re: I have a question about staying after a lease expires on an apartm
UPDATE!
I have found a place to live!
A townhome, two story, kinda small, but has a living room, kitchen and dining room on the bottom floor, and two bedrooms and a bath on the top. The two bedrooms have vaulted ceilings and skylights. There is a covered front porch with a porch swing, and a deck in the back. The best part is that they are going to put in all new carpet, floors in the kitchen and bathroom and paint the entire inside before I move in. I'll still be paying less per month than I paid in Dallas for a 1 bedroom small apartment, heh. Move in date is July 16th.
UPDATE!
I have found a place to live!
A townhome, two story, kinda small, but has a living room, kitchen and dining room on the bottom floor, and two bedrooms and a bath on the top. The two bedrooms have vaulted ceilings and skylights. There is a covered front porch with a porch swing, and a deck in the back. The best part is that they are going to put in all new carpet, floors in the kitchen and bathroom and paint the entire inside before I move in. I'll still be paying less per month than I paid in Dallas for a 1 bedroom small apartment, heh. Move in date is July 16th.
Re: I have a question about staying after a lease expires on an apartm
Tough shit. He can throw you out. Why did he lease it from under you? Bad tenant?
Tough shit. He can throw you out. Why did he lease it from under you? Bad tenant?
Re: I have a question about staying after a lease expires on an apartm
Don't forget to give your old landlord notice, just so they can't screw you anymore than they have. They seem like the type to take every advantage they can.
Re: I have a question about staying after a lease expires on an apartm
Indeed, I have talked to them already and told them, I'm already paid through the end of July anyway. I hope I get my deposit back. I am actually leaving them on good terms, I thanked them kindly for trying to work this out, I don't want to burn any bridges, I need them so I can show good rental history, which I have, I've never missed a payment, always paid before rent is due.
Don't forget to give your old landlord notice, just so they can't screw you anymore than they have. They seem like the type to take every advantage they can.
Indeed, I have talked to them already and told them, I'm already paid through the end of July anyway. I hope I get my deposit back. I am actually leaving them on good terms, I thanked them kindly for trying to work this out, I don't want to burn any bridges, I need them so I can show good rental history, which I have, I've never missed a payment, always paid before rent is due.
Re: I have a question about staying after a lease expires on an apartm
Don't count on it.
Don't count on it.
Re: I have a question about staying after a lease expires on an apartm
So happy this turned out well, but I did want to add just one thing, just because it's kind of interesting, at least to me.
From what I understand from people I've known who own rental property, it's really not very easy to evict someone, even if that person hasn't paid rent regularly (which I realize you have). At least it isn't around here, and Indiana isn't usually the most liberal state when it comes to consumer law. So you probably could have fought it, but heck, since you don't like the apartment anyway and managed to find something, yay that you don't have to bother!
So happy this turned out well, but I did want to add just one thing, just because it's kind of interesting, at least to me.
From what I understand from people I've known who own rental property, it's really not very easy to evict someone, even if that person hasn't paid rent regularly (which I realize you have). At least it isn't around here, and Indiana isn't usually the most liberal state when it comes to consumer law. So you probably could have fought it, but heck, since you don't like the apartment anyway and managed to find something, yay that you don't have to bother!
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Re: I have a question about staying after a lease expires on an apartm
The manager/landlord should pro-rate the rent at the lease rate for the point up to the lease's end. To this figure, the landlord/manager should add a pro-rated rent for the non-lease days. For example, if your rent were $500 a month on the lease, and the rent were $600 on a month-by-month basis, then you would divide $500 by the number of days in the month. This gives you a rent per day. Multiply this figure by the number of days on-lease. This is your pro-rated rent for the on-lease days.
Take the number of days in the month and divide $600 by that number. Take the result and multiply it by the number of days remaining in the month, off-lease. Take the result and add it to the pro-rated figure for on-lease days. This is what you should pay.
The manager/landlord should pro-rate the rent at the lease rate for the point up to the lease's end. To this figure, the landlord/manager should add a pro-rated rent for the non-lease days. For example, if your rent were $500 a month on the lease, and the rent were $600 on a month-by-month basis, then you would divide $500 by the number of days in the month. This gives you a rent per day. Multiply this figure by the number of days on-lease. This is your pro-rated rent for the on-lease days.
Take the number of days in the month and divide $600 by that number. Take the result and multiply it by the number of days remaining in the month, off-lease. Take the result and add it to the pro-rated figure for on-lease days. This is what you should pay.
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