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Posted: 6/12/2003 1:54:47 PM EDT
Can A Landlord Force Me To Move For Not Renewing Lease? My lease expired a month ago and I received a letter saying I could go month to month for an extra $50 or renew. I sent the extra money in this month and today I get a letter saying I must renew or he will rent it to someone else. His reason was if I move out after july its harder to rent a house and it may become vacant. This guy will not bend. I told him I need until atleast july 15 before I know if I am staying. He said if you stay thats ok but from this point on if he signs a contract with another person I am outta luck and will HAVE to move to let them in at the end of july.
Link Posted: 6/12/2003 1:57:40 PM EDT
I think it depends on where you live. Pretty much, you're on HIS property, and I think there are some protections afforded both him and you, that are not there without a lease. I DO think he has to give you 30 days to move. He's probably just trying to get you to sign a lease, because that's a definite income to him, instead of having to wonder if you're going to move out at any given time. Again, it might depend on the state you live in. If you let us know that, maybe someone from that state can give you more information.
Link Posted: 6/12/2003 1:57:41 PM EDT
He has to give you 30 days either way. Do a google search for apartment associations in your area and give them a call.
Link Posted: 6/12/2003 2:05:03 PM EDT
In a word---- [b]yes[/b]
Link Posted: 6/12/2003 2:07:56 PM EDT
In most states and counties, it will take him at least 90 days to evict you.
Link Posted: 6/12/2003 2:08:35 PM EDT
Yes he can. I'm a landlord. All he has to do is give you a 30 day notice. If you don't pay on time or break the provisions in your lease, he only has to give you a 3 day notice to vacate his property.
Link Posted: 6/12/2003 2:09:30 PM EDT
Link Posted: 6/12/2003 2:14:45 PM EDT
If you go from "month to month" so does your landlord. You become the equivalent of an "at will" employee - Either side can terminate the relationship with whatever notice is required by state and local law.
Link Posted: 6/12/2003 2:17:01 PM EDT
[Last Edit: 6/12/2003 2:21:19 PM EDT by NoVaGator]
Yes, in most states he can give you 30 days notice to vacate if you don't have a lease....which you don't. Start packing. Edited to add that Cal Kid hit the nail on the head (and juggled my memory) You are what's called a "tenant at will" and you're basically at the landlord's mercy, subject to the landlord/tenant laws in your state. He can probably require you to vacate with 30 day's notice, and he can also jack your rent throught the roof with 30 days notice.
Link Posted: 6/12/2003 2:28:53 PM EDT
The landlord may have to give you the thirty days notice but he doesn't have to wait until the thirty days are up to protect himself, he can file for eviction for three days after the thirty are up now. Thats in NJ , where you are and what laws affect you you should not be asking us,you should be asking a lawyer, thats what they went to school for.
Link Posted: 6/12/2003 2:30:11 PM EDT
his property, his rules
Link Posted: 6/12/2003 2:49:26 PM EDT
well, yeah, that's pretty much what not having a lease means. He probably worried about you moving at the last minute, and prospective tenants gone at that point. He probably still has a mortgage to pay on the house, or the rental income is his sole source of $$. You're in a tough spot, no doubt. Is there no possible way to find out if you're staying before July 15?
Link Posted: 6/12/2003 2:50:11 PM EDT
If it is so stated in the lease you signed it supercedes the state law because it is a contract that you agreed to. At least that has worked for me when I have taken renters to court. The judges have all said that the lease works this way. It is what you both agreed to regardless of the law.
Link Posted: 6/12/2003 3:19:20 PM EDT
[Last Edit: 6/12/2003 3:19:59 PM EDT by TomJefferson]
Link Posted: 6/12/2003 3:21:20 PM EDT
sounds to me like the guy is being pretty nice letting him rent month to month, i wouldn't do that
Link Posted: 6/12/2003 3:29:33 PM EDT
Link Posted: 6/12/2003 3:32:41 PM EDT
Not in the PR Of NJ but it is a pro tenant state. It varies widely by state. See a lawyer.
Link Posted: 6/12/2003 3:41:55 PM EDT
Pretty neat way to find out if the property you are renting out is worth an extra $50 a month...
Link Posted: 6/12/2003 4:17:05 PM EDT
In CA he can give you thirty days notice like you can give him. Also without the lease he can jack the rent up. Generally speaking, it can be different in areas with some kind of rent control. Yes you can force him to evict you and drag it way out. Whaddaya wanna bet when the places you want to rent ask for a reference from your last landlord that he might not be too friendly if he is still getting hassled in court by you? You do really need to check with local legal authorities, there are enough differences between the states that the legal advice you get here is worth what you paid for it. Try and work it out with him, you should be able to get your security etc back if you leave it in good shape. I only "broke" one lease. Owner had taken over from the Manager and when she found out "we" were pregnant she told us in front of our families that children weren't allowed and we would have to move. Bad mistake. Discriminating against families with children is a big NO-NO. We gave 30 days notice and moved out. She tried to keep everything. Took a nasty gram from my in -law landshark to get her to cough up including interest. She pulled a crying jag writing the check, nobody ever threatened to sue her before. She was entitled etc etc. And then she tried to short the check. I gave her another letter which was a copy of formal letter of complaint to Federal and State Fair Housing Agencies reporting her violation of State and federal laws. My wife had an interesting delivery just before that and it looked like she would have permanent knee damage (yeah -nuther hospital horror story). I told her that she had made incriminating statements in front of a Criminal Atty, a Deputy DA and a Police Lt. and we would see her in court if I didn't have the full check in five minutes. She cryed more and paid up
Link Posted: 6/12/2003 4:41:30 PM EDT
Before I moved to where I am now, my own house HOOOORAAAAA... I payed rent at the same house for 7 years, the first 6 months was a lease, after that it was month to month, and when I moved they begged me to stay, and yes I got my deposit back after 7 years....
Link Posted: 6/12/2003 10:23:14 PM EDT
You should see if you can rent a room in that safe house the feds here are using to play cards and eat at.
Link Posted: 6/12/2003 10:27:29 PM EDT
In Colorado he can have you out on your ass for tresspassing the next day. If you aren't under a lease which really protects you as much as the other guy you are screwed.
Link Posted: 6/12/2003 10:47:13 PM EDT
If you dont want to sign the owners papers why not just go buy your own home. The guy who put up the $$ for the house has all the worries and messing with him will only drive him away from renting again. I mean you moved there in the first place..did you like the area?, the price? the house?. what ever the reason Im sure he could get sombody else to fill the spot.
Link Posted: 6/13/2003 3:38:05 AM EDT
Originally Posted By 6172crew: If you don't want to sign the owners papers why not just go buy your own home. The guy who put up the $$ for the house has all the worries and messing with him will only drive him away from renting again. I mean you moved there in the first place..did you like the area?, the price? the house?. what ever the reason Im sure he could get sombody else to fill the spot.
View Quote
That is EXACTLY the reason I cant sign a lease. I am in the process of buying a house down the street. I close on the 15 of july if the loan goes thru. However if for whatever reason I don't get the loan I don't want to have to move. All I asked for is not to rent it out until the July 15th. He seems to think this is not reasonable.
Link Posted: 6/13/2003 5:47:42 AM EDT
[Last Edit: 6/13/2003 5:51:16 AM EDT by reconBYfire]
you leasie end...you go bye bye EDIT: MOst leases have a clause that states if you purchase a home during the lease that you are free and clear of further obligations towards that lease.
Link Posted: 6/13/2003 6:57:38 AM EDT
You need to check with a renter's association but I believe it will be hard for this guy to boot you before your deadline of July 15. It's difficult to say what his $50 raise in rent on a month to month was meant to do. Seems he thought you would move and was wrong. The worst case scenario seems to be that you might not get the house and might have to find a new place to rent. Here in CA IIRC deadbeats would get 90 days of free rent before the law allowed their eviction, then the landlord would have to sue to get back rent.
Link Posted: 6/15/2003 9:56:11 PM EDT
I say no also ,you just have too pay more per month with no signed lease! And if a house you are building takes three months you can sign a three month lease(if this manager is worth her shit)! She gets paid a bonus for leased apts ,not month to month! Bob [:D]
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