Thursday, December 15, 2011

Suing my Landlord for problems of two years...?

I have had the same landlord for the past two years of college as he is the primary landlord at my college in PA. I have had a few problems with him throughout my time here. 1) last year at the end of the semester, we were told we were to move out 14 days before our lease was up(i renewed a lease with him but to a different building) in order for a cleaning crew to come in. I told them i was unable to do it until a week after they had told me. When i went to pick up my things, all of my electronics were gone(computer, TV,DVDs) yet my bed desk and book case remained. I let them know and they never responded back to this. 2)The rent i signed the lease for is not what im currently paying. Its a modest 10 increase per month but still not what i signed for. 3)He does not give us 24 hour notice of him showing up to our place. Is any of this possible for me to bring him to small claims court? I also fear that I will not get my deposit back as well at the end of this year for "various" upkeeps that he will want to do. thanks for any kind of help|||Your landlord violated several laws. I don't quite understand how they can move you out as you put it for cleaning, and even if they can they cannot remove your belongs without a court order and the presence of a sheriff. A landlord cannot raise your rent if your on a lease. This landlord is the kind that gives us a bad name, take his a** to court.|||I think you have a case against him... get a lawyers opinion......|||You really need to go to an attorney as things are very technical here .





I'd say you have a case probly larger than what Small Claims handles .





Also; MOVE ! There has got to be apartments elsewhere in your town that are NOT owned by this character ...





Go on Roommates.com and Craigslist.com and check out Roommates and / or apartments ....





EDIT: I'm STILL a landlord . I keep all of my leases and tenant's files for five Years .. and even then; I box them up for safe keeping , just in case .... However; i do believe that most landlords keep leases for three years or so ...





Make sure you have a GOOD LEASE ....





Best of Luck !|||When you sign a lease to rent an apt., home etc., then that place becomes your home...you are paying to live there. Of course you must follow any specifics that you agreed to in the signing and on paper, but so must he, and if things where not specifically stated then there are laws that vary by state that he, (Landlord), must follow. In Texas I would have already had him in court. Many lawyers will give you a free consultation...just check the yellow pages. God Bless You and Good Luck|||All your stuff was stolen a year ago and you didn't file a police report and press charges? Are you sure you are a college-educated person?





If you still had a lease in place (whether he told you he wanted you out early or not) the place was YOURS. I ask AGAIN... Did you file police report? Did you file a claim with his insurance company listing all the missing items and their cost?





I take it you didn't keep a copy of the lease and are depending on him to provide the eveidence to use against him? Are you SURE you are a college-educated person?|||It sounds like you have a case, but everything depends on what you have in writing. Do you have a copy of the lease showing its expiration date? Do you have something in writing from him requesting access early to clean? Do you have a written assessment of what was missing and its monetary value? Did you surrender the keys or in any way indicate that he had possession and could enter at will to clean?





If he is charging you above what is in your current lease then that is illegal. However if you have been paying it for a few months then that may imply your consent of the increase so you may not be able to get that back.





With him not providing notice, you need to give him a written request demanding 24 hours notice before he enters. However if you make a repair request, that implies consent and no further notice may be required.





You cannot address the security deposit until you have moved out. He cannot charge for wear and tear. Take photos and document the condition of the unit when you move out, so you can dispute charges if you feel that you need to. He has 30 days to return your deposit after you move out. Make sure you give proper notice as required by your lease, in writing.





If you intend to sue make sure you are very specific in what you are asking for. In actual damages all that I see is the value of whatever items were removed, that is what you would sue for, and possibly the overpayments on the rent.

Is this a legitimate way to get out of our lease?

My husband is military, we started to rent a place in Arizona, we now have to get out of the lease because he is going to go remote, which means he will be all over the state as the task force needs him. So he will not be able to keeo the rental. My husband had them put in the lease a military clause, but we are unable to produce any papers stating that he is going remote. They are verbal orders. I showed the landlord the line on his orders which states he can be moved anywhere in Arizona per task force needs, but he is saying that he needs something different from the original orders. Something that would state that he is unable to stay in the house because of a change. But my husbands base will not make new orders for something already stated. Please see the military clause I am attaching and tell me, is he right, or are we right, or what can we do? Please Help!





Any other provision of this lease to the contrary notwithstanding, at least thirty (30) days prior to the normal expiration of the term of this Lease as noted under the heading TERM OF LEASE above, Tenant shall give written notice to Landlord of Tenant鈥檚 intention to surrender the residence at the expiration of the Lease term. If said written notice is not timely given, the Tenant shall become a month-to-month tenant as defined by applicable Arizona law, and all provisions of this Lease will remain in full force and effect, unless this Lease is extended or renewed for a specific term by written agreement of Landlord and Tenant.





If Tenant becomes a month-to-month tenant in the manner described above, Tenant must give a thirty (30) day written notice to the Landlord of Tenant鈥檚 intention to surrender the residence. At any time during a month-to-month tenancy Landlord may terminate the month-to-month Lease by serving Tenant with a written notice of termination, or by any other means allowed by applicable Arizona law. Upon termination, Tenant shall vacate the premises and deliver same unto Landlord on or before the expiration of the period of notice.





Military Clause: This Lease is executed with the express understanding by Landlord that Tenant is on active duty with United States Armed Forces. Therefore, the lease may be terminated by Tenant (1) 14 days after Tenant notifies Landlord, in writing, that the Tenant has received involuntary permanent change of station orders to a duty station located more than 50 miles from Phoenix, Arizona. (2) 72 hours after Tenant notifies Landlord, in writing, that the Tenant has been activated for Title 10 orders overseas (3) 14 days after Tenant notifies Landlord, in writing, that Operation Jump Start ends before June 30, 2008. Tenant will provide Landlord with a copy of such documents as may be necessary to substantiate the exercise of this military release clause. When this Lease is terminated through this military clause, the deposit will be returned to the Tenant minus $300 non-refundable cleaning fee and other fees for damages to the property, if any.|||I am understanding the military addendum that was added to the lease stated they would put the move in WRITING. It sounds like you are saying the landlord is O.K. with the move IF you present the move in writing as the military addendum states it will.





IF I am understanding correctly, you have it in writing that the military owes your landlord a letter to get you out of the lease.





Your husband needs to take the lease %26amp; the military portion to whoever he has to in order to get a letter stating his departure. You have it all right there in front of you to prove it.





Just a note, I have been accused of being of being nasty %26amp; rude in my answers to people. Just want to say if I come across rude, I am sorry.|||It does not appear as though your husband's change of duty terms qualifies you to break your lease. This is the clause which is giving you trouble. "the Tenant has received involuntary permanent change of station orders to a duty station located more than 50 miles from Phoenix".





Your husband has not received orders which meet those terms.|||The key here is the statement in the military clause of involuntary permanent change of station, as it reads he will be randomly moved around the state for various temporary duties, thus does not meet within the guidelines. Question is are you going to keep moving with him every week, or month? I believe his home base is still where you are.Yes they will not recut orders, but if by chance I am incorrect in my assumption then a letter from the CO to the landlord should suffice|||Sounds like you need to see logistics at the base. Have them transcript something for landlord, to the effect that your husband has been relocated per military orders and that the Military clause in the lease is now in effect. Something like that. You may need to have him get his CO to do it, or have him call the landlord. But, by reading it, it says that the change of orders, which should be in writing, should be provided to the landlord. Otherwise, there is nothing you can do.

I would like to replace my tenant on a month to month rental lease.?

In N.C. how much notice must be given a tenant when not renewing a month to month lease. I would like to do this fairly, but the tenant never has the rent on time. Can I just inform him in person, or do I need to go through the court system,send a cert. letter, and pay fees that I won't get back as well as the rent that he will probably won't pay. I have tried my best to work with this tenant, but he still hasn't payed all of the security deposit and always has a new excuse for not having the rent.|||30 days notice. Use certified mail just to be safe; NO reason is needed.


"your tenancy will expire as of Sept 30, 2011.





signed.......





if he does not move, you must go to small claims court and get a WRIT OF RESTITUTION


and take that to the sheriff.|||Send them a certified letter giving 30 days notice from the next rent due date. If they refuse to move then you will have to follow the eviction process per you local laws. After he is evicted you can take him to small claims court for any back rent or damages to the property. Good luck|||30 days notice that you're not renewing and it should be in writing and via a certified letter (with return receipt).|||You need to check your local laws...each state is different but basically you need to give him 30 days notice. Sending a return receipt letter is a good idea and be sure it is received in plenty of time. That gives you proof of sending the letter and it's receipt. Keep copies of everything. The 30 days is usually given when the rent is due and then they have that month to move. Let me assure you that small claims court is a real waste of time. Collecting, especially in Texas, is impossible. All you can do is place a lien and renew it every 10 years and ruin their credit. Hardly worth the time and $.|||Yes this site is NC Landlord tenant law.





Most states require a tenant in good standing (paid up) to receive 30 to 90 day written notice to vacate.





BUT when a tenant owes rent or other deposits he has not kept the contract so you do not have to give him notice, and If you have his record of payments what you do have as evidence I'd copy it and personal give him a copy and a 24 hour notice to pay all that's dur or vacate and mention the sheriff going to help him.





This is my opinion and I'd try this to avoid courts and I think it applies:





He might even be in the process of causing fraud as he promised one thing to con you out of rent and has not tried to do as you agreed.





If he does not leave call the sheriff department and explain the situation you have a squatter you want out since he has still not done ANY part of the original agreement. The sheriff departments are very sympathetic to land lords and since you tried to give them a break and was only taken advantage of you probably will not have any problem. Still the 24 hour notice might be enough with him knowing the sheriff gives them one hour to get what they can and leave in most states|||If he isn't paying his rent or hasn't paid the security deposit according to whatever agreement you had, you can give him a 3 day notice to pay or quit. The thing with doing that one is, you need to follow up with filed court papers for eviction which is going to cost you money.





The other route is you would need to give a 30 day notice to vacate, but since this guy hasn't paid, you would do better to follow the legal route, since my guess is, you are eventually going to be stuck doing it that way since he probably won't take you seriously or move. See, he would know he has more time past the 30 day notice because you would have to go to court etc. He basically could buy himself another 72 to 90 days at your place not paying rent.

Can I get a mortgage on a property working as an IT contractor?

Hi,





I a few months back was forced to move out of my house, not something that I planned on doing but I'm now renting. I really don't want to rent for long would rather put money into a mortgage than waste it on rent.





I'm 22 am currently I'n a full time role working as an IT contractor. I have been so for around 7months now my first proper job after uni. I have rolling contract which is renewed every year at work.





I'm really looking to get onto the property ladder asap, I under stand that my age and not being a perm employee, will be an issue.





I'm hoping to find a place I'n the range of 100-150k, it would be any great if someone could give me any advice regarding this. Im really looking to find out would it be possible under my current employment status to get a mortgage.





I have no experience I'n this and have no family to turn to for guidance on this matter, what kinda mortgages should I look for, what kind of deposit would I be looking at saving?





Thanks|||well first make sure you can afford a $150K house. what's 35% of your net pay? that's the amount you can afford monthly for taxes, mortgage and insurance. I know you said you had a house before but since you had to leave it, I want to make sure you have your finances in order. especially since it seems your employer could opt not to renew you each year at will. with the job market in the shape it's in, they may opt not to renew next year if they can't afford you.





you'll have to find a realtor with some good mortgage contacts who can pre approve you so you know exactly what your price range is, and then find a lender who will lend to you as a contractor. an underwriting requirement may be some kind of backup from your boss as to how your job works.|||Mortgage lenders want you to have 2 yrs full employment, great credit score, Cash in the Bank. Till you have those you will not be approved|||YOu need 2 years of income tax returns showing the income, once you have that you can buy.|||Rule of Thumb: You can afford to buy a place 2 times annual income, up to 2.5 times, but NOT more than 3 times annual income.

Most lenders want a 2 year job history, and particularly being contractor, this will be necessary.

SAVE for down payment--more you put down, the more likely you are to get approval, and the LESS you pay in interest over the life of the loan. 5-20% down are standard amounts, the more the better.

BUILD your credit rating.

Position yourself for your future, and you can make it happen.|||I would suggest you talk to a lender and go over your situation. It's possible that if you're working in the same field you went to school for, your schooling could count as work history. Are you a self employed contractor or a W-2 employee of the company for which your contract is year-to-year. We have government employees on yearly contracts and with a history of employment with the same company,or field, and a letter of continued employment (probability of contract renewal) you might be able to get a loan. An FHA product would most likely be your best option. FHA requires as little as 3.5% down. FHA Underwriting would probably be more conducive to your situation than a conventional loan. Ask family and friends that have bought homes who they used to get a loan and start there.

What to do about creepy\suspicious tenant?

Backstory: I'm a new building manager who took over my current property 2 months ago. The building itself was in poor shape due to neglect and several tenant issues have already come up because the previous manager didn't require the application if people paid their deposits in cash (which he then pocketed).


So my current problem:


There is a tenant who has been behaving in a suspicious manner and I'm not sure what the best thing to do is. When he paid his rent the first month, not only did he fill out the wrong apartment number and name but he hovered in my doorway long enough to ask me if I lived alone and if I had a dog. Then walked away. I try to be plesant to my tenants and have said hello to him in the past and he's never said 2 words to be before this.


Then today when he paid rent the money order was filled out incorrectly again and he looked me over in a very uncomfortable way. Gave me a full head-to toe once over while licking his lips like I was some piece of meat.


He has women over constantly and its obvious and well known in the building that these women are hookers. I've heard him refer to himself under different names which is also suspect, as I don't think this man is who he said he was when he signed his lease. I've caught him hovering outside my apartment door on several occasions and at this point I feel threatened. Luckily, most of my friends are giant, tattooed, sasquatch-looking guys, and they're over fairly often but not all the time.


I'm wondering what the best course of action here is. He's on a month to month lease at the moment and I can just post a 'choosing not to renew your lease' notice, but i'm concerned about retaliation.|||It would depend on your state and their laws. You will have to research ways that you can get rid of this guy. I think after a lease ends, and a month to month commences..you can evict for any reason, as long as you are not evicting on the basis of race, religion, marital status, disability, etc...these are protected statuses under federal law. Kind of like, non contractual, at will employment...a person can be fired for any reason as long as it isn't because of the affore mentioned.





Once again..you may have to contact a lawyer that specializes in tenant rights or housing laws..or do the homework your self. As a property owner, you have every right to decide who rents from you, and to weed out undesirables and potentially dangerous people. If this tenant is entertaining hookers on your property...this is illegal, and you can evict him for that. But you have to prove that they are hookers.|||Put up a 'no loitering sign' or 'no admittance' sign. Good luck.

In desperate need of financial literacy homework help?

Ok so I have been trying to do these problems for a couple hours now, and I still can't figure them out. Please help and give as much detail in your answers as possible so I can understand it. Thank you!





Herman and Grace Rohrbach are in their mid-thirties. They are reasonably well off financially insofar as Grace's mother has established a trust fund to educate their two children. The Rohrbachs lead rather simple lives and have no desires for lavish spending. However, they do face one major financial challenge: how to have sufficient resources in their retirement years. Herman owns his own camera shop and Grace has no employment income, although she often works in Herman's store. The Rohrbachs have accumulated around $50,000 in savings, which is invested in a bond mutual fund, currently earning 5 percent after taxes. They have no other savings programs, either personal or through the business. If Herman retired today, his only income would be Social Security, which he estimates to be $18,000 annually. He would sell the business immediately prior to retirement. He has no idea what it will be worth then, but he believes he could get $100,000 for it today. To live a comfortable retirement, the Rohrbachs think they need an annual income comparable to their current one, which is $60,000 after income taxes. The Rohrbachs clearly need help to determine if they need to increase their annual savings to meet their retirement goal. Finally, the Rohrbachs will live off Social Security and interest from accumulated savings available at retirement. They will not touch any principal in their savings accounts, preferring instead to leave that money to their children. Retirement is planned in 30 years.





1. Social Security is indexed to inflation. IF the inflation rate is 3 percent over the next 30 years, how much Social Security income will the Rohrbachs receive? How much will their income (currently 60,000) be at that time, assuming it grows at the 3 percent rate? How much, then, will be the shortfall -- the difference between the two?





2. How much will be in the bond fund at retirement, assuming that it continues to earn 5 percent?





3. Herman has a very good location for his camera shop and can renew the lease indefinitely into the future. Suppose that its value increases by 10 percent annually over the next 30 years. How much will it then be worth?





4. Combine your answers to questions 2 and 3. The total represents an amount available to the Rohrbachs at the beginning of retirement. Now assume that they sell the camera shop and put the proceeds into the bond fund, and the fund continues to earn 5 percent during their retirement years. Are these annual earnings sufficiently high to meet the income shortfall determined in question 1? Your answer should be "no." Determine how much they must invest each year to accumulate a sufficient amount, which can also be deposited into a bond fund. Assume they earn 12 percent on these annual (end-of-year) investments.|||most of the questions are based on the FV of a single amount formula FV = PV * (1+i/n)^n, where PV is the present value, i is the interest rate per period, and n is number of periods





1) 18,000 * (1.03)^30 = 43,690.72 60,000 * (1.03)^30 = 145,635.70 shortfall of 101,945


2) 50,000 * (1.05)^30 = 216,097.10


3) 100,000 * (1.10)^30 = 1,744,940


4) 216,097.10 + 1,744,940 = 1,961,037 1,961,037 * .05 = 98,051.85 earnings





the last part of question 4 is a little tricky. the way i'd approach it is to determine what total amount they'd need at retirement to earn 101,945 per year (assuming it was a 5% return). once you know that amount, then subtract 216,097.10 from it. then use the FV formula to determine what annual payment invested at 12% will get you to that amount in 30 years|||No wonder you have such a problem the question is boring and it would take a lunatic to answer it.

I'm a tenant they want to short sale and want me to leave in a month but my lease is not over until june?

I been renting this property for more than a year. I renewed the lease for another year and is not over until June. My landlord wants me to move out in a month.He told me that the loan was being modified now he tells me that the modification dint happen and that they want to short sale the property. What can I do? Whats going to happen to my security deposit? We are responsible tenants that have had no complaints and have paid rent on time. How can we continue to live in the property?|||They cannot force you out before your lease is up just because they want to sell the house. They still have to honor your lease. If they attempt to force you out (ie change the locks and put your stuff out), you need to sue them for constructive eviction. You are 100% entitled to continue living there until your lease is up as long as you are not violating that lease, which it appears you aren't. Of course, they can give you notice that you will have to vacate when your lease is over. This should not affect how/if you get your security deposit back.





However, they can certainly make it worth your while to leave. Ask them about coming to a compromise: you'll leave by the end of April if they cover all your moving expenses, refund 100% of your deposit, and waive April rent so you can put that down somewhere else. If you do come to some sort of arrangement, make sure you get it in writing!|||First off, short sales take quite a bit of time, so the landlord is being a bit shortsighted in asking you to leave early. He would do better to have you in there for the rest of the lease.





Read your lease. A lot of leases are written to protect the landlord if they need to or decide to sell. It usually will be written that they can break the lease and give you a 30 day notice if they decide to sell the property.|||He can't make you move if you have a lease, so just continue to live there if you like. That said, when they sell, you'll get kicked out anyway, so just find a new place and have him pay your moving expenses. It's not worth the hassle to stay.





Get a deal in writing whereby he refunds your entire deposit and he pays your moving expenses.|||If you live in the City of Los Angeles you can call the Housing Department Information Hotline: (213) 808-8888 or toll-free at (866) 557-RENT [7368] or if you live somewhere else you might get a referral.





You can also call your City Hall and ask for the department that deals with rental housing issues.|||If you are still within the lease, then 60 days notice applies. Plus they have to prove that they are really selling, or have no where else to live and need to move in, or that their family member needs to move in.|||legally you can live there till june.|||Hi Friends

Florida Tenant rights when wrong landlord info listed on 3 day notice?

My landlord has hired a management company to manage the property in Orlando just this past month. My original lease is up in Aug and they stated it is not going to be renewed. I recently got married and my husband was helping out with the bills since I had lost my job and only have unemployment coming in. Well, long story short, the marriage is not working and my husband has since moved out of the house. Since I am unable to pay the rent myself I was served a 3 day notice from the management company for non payment of rent and my daughter was served at the door by a sheriff deputy with a 5 day notice this past week in my absence. Not that I want to stay at the house for free, I just need until the end of the month to collect enough money to move.





My questions are:





Is it possible that the court will allow the landlord just keep my deposit in lieu of me paying the rent for this past month if I leave the property virtually spotless?





Can I file a response to the 5 day notice because:the 3 day notice was taped to my door on Saturday, July 3rd. and the date states it was posted on July 4th (which was a holiday and a Sunday this year) Also, the landlord name that says I owe the rent to is totally incorrect. The PM company is the one who issued the 3 day notice and I'm guessing that they have a fill in the blank form and just overlooked changing the landlord name from a previous notice to a different tenant all together. But, somewhere along the line, they must have realized the error because the 3 day notice attached to the 5 day notice from the court had been corrected as to the landlord names, but not the correct date actually delivered. I was never given a corrected 3 day notice. The only one I have is the one with the incorrect landlord name and of course the date delivered.





Shouldn't I have received a certified copy in the mail of the 5 day notice since the deputy gave it originally to my daughter who did not sign the lease? I did receive a copy addressed to me though regular mail.





All I am concerned with is having until the end of the month to be able to move. If I file some sort of answer with the above discrepancies listed this next week (the 5 days are up on Thurs) is it enough to get the eviction process thrown out of court for now to buy me a little extra time? I know that they will have to refile the paperwork again, but by the time they start the process over again, I will be out of the house.





Thanks!|||No, times up.





It does not matter when they taped the notice, you did not pay teh rent in the 3 days. It does not matter what day of the week it is, it is 3 calender days, at some point in the 3 days banks are open, so you have no excuses. The notice can come from either the landlord or their rep, this is not a problem. You received an extra day, that is the only thing that was effected.





The courts mailed you the 5 day notice, as they have the sheriff also hand deliever notice to you there is no need to have it certified.





You do not have until the end of the month. You have already been evicted, the sherrif will return (it will be the same one) after the 5 day to make sure you are out and lock the place up.





Having an extra day on the 3 day is not sufficent reason to alter an eviction. This is over. It will take about a month to appear on your credit report.|||You are not going to get the eviction notice thrown out of court on these small loopholes.





The thing is, most likely, you would have until mid Aug to be completely out. The landlord has to go to court first. When is the court date?





There are 15 days until the end of the month, I think you will be able to get out before the Sheriff shows up with an unlawful detainer and puts you out.





Have you talked to the landlord? The management company?





It is going to be a huge blow on your credit/rental history to have an eviction on your record.|||I'm not going to advise you on how to cheat your landlord out of what is legally due him. I will, however, tell you that Florida is THE MOST landlord friendly state in the US. Judges do NOT take kindly to tenants who fail to pay rent. I've seen evictions take less than 1 week in that state...with the sheriff escorting the deadbeat tenant to the street with only a 24 hour notice.





BTW...having an eviction on your record will make it nearly impossible to rent elsewhere for the next 10-20 years.

My now ex-roommate won't stop harassing me for money since a tragic house fire. What to do? Please help!?

I live in a rowhome and my neighbor beside me had a house fire on Sunday, 8/7. Unfortunately her entire house was destroyed and she had not renewed her homeowners policy. I do have homeowners insurance (Allstate) and they have been extremely slow helping me offering no cash assistance up front and said an adjuster won't be out until 8/22 to look at damages. According to the restoration company (and my own gut feeling), the house is unliveable due to smoke damage. The restoration company told the insurance company walls will have to be ripped out and all contents will have to be repaired or replaced due to heavy smoke damage.





My rommate (now ex-roommate as of 8/7) rents the bedroom in the basement. There was a bedroom, full bathroom, family room and kitchenette down there. Some of the heaviest smoke damage occurred in the basement. I immediately notified him of the fire, offered to assist him with cleaning services for his clothes, and gave him $100 on the spot for the inconvenience. At that time, on 8/7, I had no idea what kind of work needed done on my home. After the restoration company came back on the night of 8/9, and notified me of the extensive work to perform, I notified my roommate he would be getting a refund for the remainder of his August rent and his security deposit. I asked for him to give me until the morning of 8/11 to get him the exact number and to meet on Friday 8/12 with the money.





Well my roommate has been harassing me nonstop. I mean, 10 phone calls in 15 minutes during a business meeting I had along with some text messages. I have gone over with him the situation...my family (fiancee, 3 dogs, and my 3 year old) lost everything and currently have nothing and no family to stay with. I told him that is why I asked him to wait until the end of the week to work with me because this week has been very chaotic with the insurance company, deciding to use a public adjuster or not, and the restoration company. He says okay, but then he keeps calling and texting and won't leave me alone. I finally explained it is harassment, stop calling and texting me. I finally lost it on the phone this morning. I basically said if he wants to be ignorant and not understand where I'm coming from, then I will be ignorant and not understand where he is coming from. After explaining numerous times the game plan for the week, he just won't stop calling at this point. I told him if he keeps pursuing me I will call the cops, if he comes to the house the cops will be called (even though I offered to help w/ the cleaning of his items, he declined and moved them out last night).





What do I do? I mean, isn't my timeframe of less than a week since the fire reasonable? Afterall, he has family throughout the city to stay with and I gave him $100 up front. That's all I had on me. My family is struggling because we had to buy everything over (from food to clothes to toothbrushes to dog food to everything). He says he doesn't care about my situation, he only cares about his money. What to do??? He had a month to month room rental agreement.|||Tell him to f**k off, that's what you do. Ignore phone calls and texts.





You don't owe him anythign for his stuff, that's what renter's insurance is for (and it was stated in the lease). So all you owe him is the prorated rent an deposit.|||Turn off your phone and let him wait until Friday.You are not being unreasonable and he cannot be that desperate for money if he wasn't expecting to be moving.As you have said,he can stay with family so he does not need money for a hotel or such.


Call the police if he keeps harassing you.|||shoot her !!!!!!!!|||WELL, today is the day you gave, so what are you asking us? Pay him and get him out of your life.



Most states give LLs 30 days after a tenant vacates to return security deposit, and this situation should be no different. Did you have a written lease with tenant? If so, that controls.



Yes, your life and that of your tenant have been totally disrupted, through no fault of yours or his. But while he is not handling it well, you extending this is not helping you deal with your own problems and work. And why didn't you just block his calls, turn off the cell, etc.?

Here is the lease. what should be added? Anyone from Texas know where i can find renters rights info online?

----------------------------------------鈥?br>

Rental Agreement and Lease


This rental agreement is made between:


[[[Names removed]]] (Landlords) and


[[[Names removed]]] (Tenants)


For the property on:


[[[[Address removed]]]]


The lease is starting on _________ _______ , 2009 and is automatically renewed for the amount of $300.00 per month, payable on the 10th of each month.


_________________________(Tenant) The bills are approximately $180.00 may vary per month depending on water and/or electricity usage as proven by usage of said tenants.





_________________________(Landlord) Tenant has the right to a copy/scanned copy of bills to ensure proper payment.


_________________________ (Tenant) is responsible for insuring their personal property.


_________________________ (Tenant) agrees to use the premises for residential purposes only and not for illegal activities as stated by city, county, state and federal laws.





_________________________ (Tenant) has the right to a 24 hour eviction notice for failure to pay rent.


_________________________ (Tenant) agrees to clean up after their pet.


_________________________(Tenant) acknowledges that there is no deposit or pet deposit.


_________________________(Tenant %26amp; Landlord) Tenant or landlord agrees to give a 30 day move out notice. The landlord must give specific reasoning for the issues for said notice, signed and dated.


______________________________________鈥? ______________________________


(Tenant) (Date) (Phone)





______________________________________鈥? ______________________________


(Tenant) (Date) (Phone)





______________________________________鈥? ______________________________


(Landlord) (Date) (Phone)





______________________________________鈥? ______________________________


(Landlord) (Date)


--------------------------------------鈥?br>

We are the tenants moving in.


What should be added? I also need to know where i can get some info about renters rights, i think 24 hours is not enough time. not fair at all.





Thanks everyone for your kind input.|||http://www.texastenant.org/

What are my tenant rights?

I have been living in my condo since June 2010. I was not told of upcoming construction and renovations to the buildings when I moved in. I overlooked some things when I moved in and didn't make a fuss about them....some of the walls were not painted, the carpet had not been replaced and have a few stains on it, and there was a dusty/dirty mess around the laundry area.





In February 2011, the area around my building was torn up and has been a mud and dust pit since. Finally this last month (June), they started on the actual building (replacing windows, sliding glass door, siding, etc)





During these renovations, there have been multiple inconveniences....workers constantly park in our parking spots, or leave material and large pile of dirt in parking spaces. Last week we were notified that we would not be able to enter our units between 8am and 4pm....I got home after 4pm and still was not allowed to enter my unit due to fresh sticky paint/clear coat stuff that was on the stairs up to my unit. The workers have entered my unit without prior notice on some days. There is large pieces of plastic over the building, windows and the sliding glass door has been nailed shut so there is no air flow thru the unit and is a constant 90ish degrees. I let my landlord know of most these issues before I renewed my lease, and as a result he gave me a discount on my rent for the duration of the construction.





Unfortunately, 2 months into my new lease, I have some personal and work issues that have come up and must break my lease, and I am also fed up with the construction. I would expect to forfeit my deposit and pay rent until my landlord is able to find a new renter...within a reasonable amount of time.





He wants this, as well as, the difference back in the discounted rent for the last two months and any money it costs him to paint/clean/etc. The thing is, I will be leaving the unit cleaner then when I moved in.....no 'move in checklist' was filled out, even though I paid a deposit. (dumb, I know) There is no mention in my lease of what is owed if I were to "break the lease"....





Soooo....Am I screwed and have to pay anything the landlord wants at this point?|||You have the right to pay the rent. And as long as you pay until he re-rents there should be no problem.|||You are stuck and have NO grounds to void your lease. You would have to sue the landlord.


No mention of a specific amount means you pay rent till a new tenant is found|||You are screwed, sorry.|||As a property manager for a large complex, I can tell you that nailing shut any type of emergency exit (IE: window, patio door, etc...) is against any and ALL safety codes. Contact your local fire marshall and/ or code inspector immediately. Use that as the reason as to why you are wanting to terminate your lease. Best of Luck!!

The letting agent I began renting from in October.....?

They have sent me a letter about renewing my tenancy in April (for another six months)


I want to stay, in the letter though it says;


'Our fee for renewing your lease is 30.00' (pounds, sorry my pound key doesn't work) 'and your remittencs should be sent at the same time as your tenancy extension document'


blah blah blah


Is this charge legal? There was no mention of further charges in the tenancy agreement.


I've rented before and never had continued charges from a letting agent once the deposit is paid.


(UK by the way)|||Yes, the charge is perfectly legal - although it ought not to be! The agent is possibly also charging the landlord for renewing the contract as well!



There maybe is no mention of this charge in the tenancy agreement as it is this document that is being renewed. So in effect the agreement is concluded once the charge becomes applicable.



This is another example of how those without much money who are forced to survive on the limit, are being ripped off by those greedy c***s with more money and houses than it should be legal for them to have. They'll be first up against the wall when the revolution comes and I'll be happy to pull the trigger.



Perhaps after a while you'll be able to cut out the agent and deal with the landord directly, you'd both be better off.



BTW - You're gorgeous, let me know if ever need a hit-man. :p

After 1 year lease is over, is it legal for California apartment to charge you extra money?

My 1-year lease on a 1 bedroom apartment in Santa Ana, California is over in 1 WEEK, but the apartment is charging me extra because they told me I didn't leave a 30 days notice.





The start of the lease was Feb 1st 2010. It will be Feb in 1 week.





We received a paper in the mail that asked if we wanted to renew our 1-year lease.


And that if we ignore this message they will assume that the chance to renew was forfeited.





The problem is, from the day I saw them (which was Jan. 19th) to report a leaking faucet (because I want them to fix it so when I leave the apartments they will see that I tried to take care of the place and hopefully give me back my security deposit) the woman in the office asked why I did not tell them that we are going to leave at the end of this month.





So.. from the 19th... is supposedly the start of the 30 day notice.


Until Feb 19th.


I will have to pay them for the 19 days I stayed extra.





What the...?





This is a 1-year lease about to be expired in 1 week.





Is this legal that they are complaining that I did not give a 30 days notice and now they are demanding I pay for the 19 extra days they want me to stay???





I never heard of that. I know a lot of people that lease 1 year and this never happened.





The only times I have heard of the 30 day notice is if the lease is broken earlier than the termination date ... OR if you are renting a month-to-month not a lease.





So someone please help me. This is bs.|||I would not pay or take them to small claims court by not signing a new lease is the 30 day notice|||I was thinking the same thing, but the problem is when I asked to take a view at the leasing agreement, somewhere deep in the pages it says "IF TENANT IS UNWILLING TO RESIGN FOR ANOTHER 1-YR LEASE, THEY MUST PROVIDE 30-DAYS NOTICE " Augh.


They were in caps and bolded, BUT small fonts. :(

Report Abuse


|||Totally legal. You didn't give them 30 days, lease or no lease





The only place you don't have to is in NYC, proper.|||Yes, my apartment did this to me twice. Big pain in the rear!!


It is common and legal.|||Read your lease agreement. I suspect it is in there and you signed it. If you are absolutely sure it is NOT in there, then either cough up the money or with a landlord tenant attorney, explain why you are not renewing your lease, you see no mention of the 30 day clause, etc. It may end up in arbitration.|||It depends on the terms of your lease agreement. It is typical to pay for the coming 30 days, not the previous 30 days. In cases where you pay for the previous 30 days, the clause you described is typical. Again, you'll need to read your agreement. Usually, a contract automatically renews after the first year and if either party wants to cancel, 30 days prior written notice is required. Most likely, they are within their legal rights to require 30 days notice and expect you to pay for those 30 days. When leaving an apartment, expect to pay for 30 days from the time you informed them of your intent to vacate. Again, 30 days written notice for either party is standard practice.

What can happen if I don't pay my rent?

A couple weeks ago, after I renewed my apartment lease, I realize that I couldn't afford the rent by myself (my roommate moved out) I communicate my situation to my landlord during the first week of the first month. I told her that I was moving somewhere else by the end of the month, and I will use my deposit to pay the last month of rent. She stated that I must pay the rent of the last month anyway.


I have keep my apartment in impecable condition all the time.





So far, I have refused to pay the rent of this month. I think it is unfair for me no to get the refund of the deposit.





But I wonder what kind of legal implication this situation can cause me? I live in NC.|||You are required to pay the last month of rent on time. After you move out and the apartment is inspected to verify the "impecable [sic] condition", the deposit is refunded, unless, as another answer suggests, you forfeited it due to leaving before the end of the renewed lease term. You never have the right to apply the deposit towards the last month's rent.|||You RENEWED your lease, therefore you are SUPPOSED to pay your rent. Normally, most leases require a 30 day notice of moving. If you did not give her 30 day notice, that normally voids you of getting your deposit back. Also, I'm not sure about her lease, but I know with our lease agreements we do NOT allow you to use your deposit as a way to pay rent. Again, depending on your lease agreement it could be different. She could sue you for the amount of rent you owe.|||There are two terms here you need to understand..





Rent- what you pay to live somewhere





Deposit- what you paid at the beginning of a lease term to ONLY go toward damages to the place while you lived there, and will get back only after you moved out, after the landlord has inspected the apartment.





In many areas, it is ILLEGAL to use your deposit as rent. So what can your landlord do to you? Since you didn't pay rent, they can evict you, and you will be out on the street even before that last month is up. You will be forced then to go to court and explain to the judge why you didn't pay rent, (no judge will accept deposits in lieu of rent) and at this point you will have an eviction on your credit report, thereby making it even more difficult for people to rent to you in the future, simply by checking that report.





So now you see why its a really bad idea to do what you are doing?|||...you can live on the streets with the other losers who don't pay their rent....|||"I have keep my apartment in impecable condition all the time."





That is irrelevant. Your pay the rent for this month. When you move out, the landlord has to assess any damage you caused and deduct that out your security deposit. Let's assume you are entitled to a full refund of your security deposit. Now it is a timing difference only.





If you paid a $1,000 security deposit and the rent is $800 per month, then you pay rent of $800 for this month and you get $1,000 back in November. If you don't pay rent then you get $200 back. Either way you are $200 ahead. So why not hold back the last month's rent? That's easy.





By holding back the last month's rent your landlord has little to leverage against you. Also if the damage to the unit exceeds the security deposit minus the rent you did not pay, then the landlord will sue you for the balance. The landlord would rather not be in that position.





Next issue:





You said you renewed a lease. What is the term of this lease? You and your roommate are responsible for any unpaid rent. The landlord will sue you both for the unpaid rent.





I hate to be the bearer of bad news but your roommate moving out is not grounds to break a lease and you never ever are allowed to not pay rent unless a judge tells you so.





Pay the rent for this month and try to settle up if you are breaking a lease. The landlord doesn't want to go to court and neither shoud you.

Does our situation warrant an abandonment remedy?

I am in Oakland, CA.





My wife and I moved into a cottage rental last June. Since then, the quaint rental has begun to show its share of ailments. We are to a point where we just can't use all the space all the time to it's full potential for one reason or another. The landlord is making an earnest effort to keep up with repairs, but we just really want to get out and let them sort it out for the next tenant so we can get on with our lives.





To begin, some of the power fixtures and lighting does not work. There is one useless outlet that is mounted flush with the floor in the bathroom-- perfect placement to interact with a bathtub or toilet overflow.





As the winter months came, we discovered that the heating system wasn't just shut down for the summer, it was broken. After alerting our landlord, we all agreed to do a repair and deduct remedy. Heater was repaired, but the thermostat has a mind of its own. Also, the ducting cannot transmit warm air to the bedroom, so we have to run space heaters in there while other rooms turn into ovens. We will be writing up a new repair request for that soon.





The house is old, and has some original windows predating the 1920's. They are wood, decaying, require a crowbar to open and close, and don't have screens (screens have to be custom built.) In the bathroom, one of these such windows lacks a screen... so we have to keep the window closed, even though it is needed for proper ventilation. Our bathroom shows no visible signs of mold, but it is definitely growing on the underside of our mats.





A couple weeks back, our garage door came completely off its mountings- this was repaired same day, though they remounted it back into the same rotting wood work.





The big problem is a hole in the ceiling about the size of a dinner platter from water damage. This hole is right above where my head should be if we hadn't moved the bed to the middle of the room. The roof has been "repaired" about four times, yet still leaks, so the ceiling hasn't been patched yet. The initial ceiling collapse happened at night five minutes after I had moved the bed due to the leak streaming onto my face.





Ultimately, we don't feel like we are actually "living" in this house. It's more like were on a long term inspection.





Does anyone have a good opinion about whether or not we should opt to move out? We don't want to lose our deposit since it is the equivalent of 3 months rent. Regardless, we won't be renewing the lease.|||Run!

Is there a waiting period before your sent to collections and it reflects on your credit?

I lived in an apartment for 4 years. when the time came for me to move out i gave the proper notice that i wouldnt be renewing my lease and i left my new forwarding adress and contact information. i had a cat and a dog who acting like a cat and dog did a little bit of damage around the apartment. (cat liked to chew on the blinds) (dog liked to scratch the moulding) i figured they would take it out of my security deposit and if it wastn enough would contact me. well they did contact me they sent me a certified letter and said they took my security deposit and said there was a remaining balance of $180 which was fine. i received the letter amybe a week or so after i had moved out. so the day i recieved the letter i called them to make arrangments to pay them. They told me they had already sent it to collections???? so i went down there and payed it that day i told them that it was rediclous that they didnt wait to inform me that i owed the money before they sent it to collections? i didnt even have a chance to pay it first? it really got my blood boiling. but i payed it and thought it would be the end of it. but now i checked my credit and i have this on my credit report collections. is this even legal? is there a waiting period before they can send it to collections? dont they have to inform me first that i owe them money? id really like to know if i have some kind of legal stand point please dont just give opinions im looking for legal facts. thank you|||There is no waiting period or requirement of notification before being turned to collections.





However, I am sure there are rules in your state's tenant/landlord laws that would require the landlord to provide notice. You might want to check into that.





Since they had already turned you to collections by the time you received notice, I suggest you check your credit report (AnnualCreditReport.com). If this shows, dispute it with the credit bureau. If that doesn't clear it up, you might want to check with an attorney. A bill for damages a week after you move out is certainly not defaulted debt.

Assistance with legal issues on a Stop Pay check for an Apartment.?

My fiance and I went and got an apartment together. It's our first place and we were really hesitant about a lot of places and didn't want to put down any application fees or deposits until we found the right ones. We both have good credit and after searching for almost a month we found this really nice place. To keep a long story short, the rental management place told us that we could have this nice 1 bedroom place for XYZ amount of dollars a month, etc and that we would just need to pay a fee to run a credit check and 100 dollars to hold it for a month as that is when we needed to move out.





We came back about 3 times or so to look at the apartment, show friends, etc. Each time it was fine and the applications were approved. A week later we get a call saying that the person living in our promised apartment backed out and decided to renew the lease instead, and there were no more available apartments. No big deal, so we just found another place and asked for our money back or for them to destroy the checks. The woman we dealt with said she would have to speak with her manager about getting the checks back, or destroyed, and the lady said we could have our 100.00 check back, but the 60 dollar fee for the credit check would not be. We wouldn't of even applied if we didn't think we were going to get the apartment in the first place. Therefore, I contacted the property management company after doing research, as the manager refused to give me the information, and left a message. In the mean time, my fiance' put stop payments on the checks. We know that the managers have not cashed the checks yet, they have yet to show up on the bank statements at all but we both feel we should not have to pay them anything as they are the ones who backed out of the deal. They couldn't honor their part, we shouldn't be penalized. Am I wrong in this? Was putting stop pays a bad idea? We talked to our banks and they said it sounded shady and illegal but I'm wondering of the legal ramifications if they try and get the money from us, or is it a civil matter and is it ok? Any advice would be greatly appreciated.|||Placing a stop on the $100 hold deposit is no problem.





The $60 check for the credit check is possibly a problem depending upon the contract you signed. If the contract said the $60 credit check fee was non-refundable, you owe the fee regardless whether you took the apartment or not. If there was no contract signed, or it was silent on 'non-refundable' and was to be applied to the first month's rent or the security deposit then you should have no issue.|||The $100 fee should definitely be refunded, and it's okay to stop payment on that, because that money didn't actually buy anything. You were paying them to hold the apartment for you, and they didn't.





But, the $60 went to the credit check agency, and the credit check agency performed their job as promised. It might be illegal to stop payment on that, because the apartment complex would be out that amount of money. But, for $60, the management company might just pay it and be done with it.





If you've already contacted the management and they haven't returned your call or given you the info you wanted, I would probably wait and see what happens.|||Yes, putting a stop on the checks was probably a bad idea.





Since THEY backed out of the deal, you should have taken them to small claims and sued for your application fee back if they didn't return it to you in a reasonable amount of time.





It costs what? $30 per check to stop a check nowadays?

Can they put this on my credit report? is there a waiting period?

I lived in an apartment for 4 years. when the time came for me to move out i gave the proper notice that i wouldnt be renewing my lease and i left my new forwarding adress and contact information. i had a cat and a dog who acting like a cat and dog did a little bit of damage around the apartment. (cat liked to chew on the blinds) (dog liked to scratch the moulding) i figured they would take it out of my security deposit and if it wastn enough would contact me. well they did contact me they sent me a certified letter and said they took my security deposit and said there was a remaining balance of $180 which was fine. i received the letter amybe a week or so after i had moved out. so the day i recieved the letter i called them to make arrangments to pay them. They told me they had already sent it to collections???? so i went down there and payed it that day i told them that it was rediclous that they didnt wait to inform me that i owed the money before they sent it to collections? i didnt even have a chance to pay it first? it really got my blood boiling. but i payed it and thought it would be the end of it. but now i checked my credit and i have this on my credit report collections. is this even legal? is there a waiting period before they can send it to collections? dont they have to inform me first that i owe them money? id really like to know if i have some kind of legal stand point please dont just give opinions im looking for legal facts. thank you|||Doctors do this all the time. You get a statement from the insurance company stating it is not a bill but you can be billed by the doctor for $X. The doctor never sends a bill, they just send it to collection. Makes no sense to me but it must be legal.





It will show as a paid collection and is only $180 so it may not have a huge impact on your credit if the rest of your credit is good. You can still dispute it with the three bureaus but it may do no good.|||you'll have to file a complaint with the credit agencies to get it removed





you could possibly try to sue for liable or something probably not worth the trouble

My landlord don't want to let me out and my home iss being terrorize?

I live in a block of flats in the 13thth floor, someone has being setting fire in our floor 3 times in the last 6 months on the halls, there was an explosion downstairs about 6 months ago.


3 day鈥檚 ago there was another fire this time it was very big it was truly life threatening me and my family we were all trapped in our own flat with 2 baby鈥檚, I thought we were going to die they were all screaming, the centre of the fire was right by our door so we couldn鈥檛 get out,


I open the door all I saw was flames of fire, then I closed the door and took everyone as far away as possible from the fire, fortunately our door was fire-proof, but thick black smoke was getting in to the flat and we were surviving by breathing by the windows, police and other organizations are investigating this case but who ever did this is still on the loose,





the first thing that came in to our minds after this incident was to get out that flat but the land lord is saying we have to stay there and live there until the contract finishes which is for another 11 months, he say鈥檚= he needs to pay his mortgage, we only sign this contract 3 weeks ago we were actually renewing it . I NEED TO GET OUT OF THIS HOUSE AND I NEED MY 拢 1000 DEPOSIT BACK SO I CAN MOVE OUT to another house because I can鈥檛 afford it


can you please tell me what to do ,thank you|||Seek legal advice ASAP!


You can contact your local Citizens Advice Bureau, they don't charge http://www.citizensadvice.org.uk





Good luck mate, sounds like you need to get out of there fast.|||Get a lawyer.|||what is more important? getting your money back or your safety? move out and take a furnished room somehwere until you can work and save up for an apartment...and then take the person to small claims court.|||I'm lost, why did you renew your lease if you wanted to leave?





Also you don't get your deposit back upfront. you get it back after you vacate the apartment and it gets looked over. So you might want to start saving up to have the typical first, last, and deposit ready for your new apartment as well as moving fees. To get out of your place you can find someone else to take over your lease.





Good luck, and you might want to learn how to spell.|||your screwed, this is the whole point of a lease. you signed it so if you leave you will not get your security back and he could try and sue you for the remainded of the lease. try and find someone to take over the lease for you|||There's no way he can make you stay unless the contract you signed is insane. He can't guilt you into staying. If he broke the contract, you can move out without penalty. (So read it!)





Or, get a lawyer to do the hard work for you.|||go to your local council and get on the housing list


and get the police crime ref number and details and take that with you





your landlord has a responsibility to provide a place that is fit to live in, sounds to me its not.|||In most cities, landlords are at least required to provide habitable quarters (heat, light, water, sewage) even if contracts they write are onerous in recourse. I would check with the city and see whether the building is considered safe to live in and ask for assistance.|||Your family's safety is number one. Screw your landlords mortgage, find somewhere safe.|||just go get your money later, save your family|||Jeez, are you in Baghdad?





In fact, whether you can afford it or not, leave there now before someone dies, I think.|||In every jurisdiction there is a rentlesman, tenant review board or whatever the local term is that looks after landlord/tenant disputes. That is who you need to get in touch with. If the place is unfit to live in, then the landlord has broken the contract and it should no longer be binding upon you.|||Your, or your landlord鈥檚, right to end a tenancy agreement and your right to stay and be protected from eviction will depend on the type of tenancy you have.





Where do you live? If you are in the UK, check out this site:|||Get a lawyer and claim unliveable conditions








Just have the lawyer write a letter and you can always move out and say FU to the landlord|||Sounds like you are located across the pond. Here in the US, you would take him to small claims court - no lawyers required.... I believe there is an argument that he is not living up to his end of the agreement. Could go either way... 13 floors is a long way to go...Worst case scenario, cut your loses and find a another apartment/flat(safer). Will he let you relocate within the building???(lower floor)|||Your city should have a tenant rights program in place that will address the matter.





I would see who I could contact on your cities website, and go from there.

If my roommate agreed to move out but still has her stuff here, should I charge her for storage?

I rent an apartment with my co-worker and the lease period ends August 31st. She's not renewing the lease, but I am, and I found someone who moved in August 1st. I discussed this with my roommate 2 weeks ago and we agreed she would not pay rent for August and would move her stuff out of her room so I can move my stuff in (the new girl took my old room) -- my roommate has also not been around since January because she has been staying with her boyfriend, I even dropped her rent and utility charges from $900 a month to $550 because she hasn't been here, to be nice. My stuff is all over the living room and hallways and even though she had 2 weeks, and was here every day last week, she hasn't moved any of her stuff out and barely packed anything. I called her yesterday, Saturday July 31st, and she was on her way to Atlantic City for her sisters bachelorette party instead of being here to pack her stuff. I did say if she couldn't move all her stuff, she could keep some here until she had more time because it was short notice, but I didn't think she would keep EVERYTHING here, in her room, and not allow me to move my stuff in -- she won't even let me move the stuff out into the living room for her so I could get my stuff in (we started fighting with each other yesterday about it). Also, instetad of having the landlord refund the security deposit, we agreed I would pay her the $787.50 directly plus $400 for the couches and TV we bought together (if she asked the landlord for the deposit, we wouldn't even get the full amount back because the dog we adopted together damaged 2 doors, so she's making out well by getting the full amount back from me). In light of everything (having 2 weeks notice, not paying rent in August, getting the full security deposit back, having reduced rent since March, and getting the full amount she paid for the TV and couches we bought together a year ago), should I charge her $25 a day ($787.50 divided by the 31 days in August) for keeping her stuff here?|||You can't just impose a storage charge. You have no agreement.





Instead, send her a certified, return receipt letter reminding her of your agreement that she would have her things removed by August 1 and you wouldn't charge her rent for the last month of her lease term. Tell her that if she does not remove her stuff within 10 days, you will dispose of them.|||Ultimately all of your niceness involved with allowing your roommate to leave with very little problem will likely come to haunt you. Since the lease period ends at the end of August and her stuff remains in the property on Aug. 1 I suggest you make your ex-roommate pay for the full months rent, much like any landlord would if their tenant failed to move out their stuff. Let that amount be your guide to determine your daily storage rate. Thus if her share would have been $750/month, $25/per day is about right. But if her rent was $900, the daily rate is closer to $30/day. Be prepared to sue her in small claims court for the money.|||I don't think there's any point in charging her unless you think that a) she would ever actually pay you and b) it would make her move her stuff faster.





Most likely all that will happen is you'll just make her more annoyed than she already is.





Instead do this: figure out the latest you would need her stuff moved, subtract a week or two, and tell her that if she hasn't moved her stuff by then, that you will do it. Be clear about what you will move, where you will move it, and exactly when you'll move it. You might even want to give it to her in writing. Then stick to that.|||If she has her stuff in the bedroom and won't "let" you move it out then she is still your roommate and should pay the Aug rent. Since you don't have an agreement for her to pay for storage you can't really charge her for that. But, you probably could tell her if her stuff isn't out by the end of Aug, when she is officially off the lease, you will charge her for storage. That not moving her stuff would be considered accepting the storage fees.





I don't think you should have agreed to refund all of her share of the security deposit. You should have had the landlord do a walk through and tell you how much of the deposit he would have refunded if you had all moved out and then given her half of that amount.

My "good" tenant has snuck a dog in? What would you do?

Here's the scenario....





I have a two bedroom townhouse that I rent out in the suburbs of a metro area. I have a single, 23 year old tenant who has been living there problem free for the past year. She is very well paid in her job so she takes very good care of the place, and pays the rent on time every month and in some cases before. A couple of months ago, asked if she could have a pet because she was thinking about adopting a Yorkie. I told her that's fine as long as she pays a $250 pet deposit and the dog is under 10lbs I would include such a clause in the new lease (she informed me she would be renewing) . As a perk for renewal, I gave her one month's free rent ($850).





My tenant has a twitter account which is not set to private so I can simply google her name and her posts come up (call me a snoop, this is business). Upon doing so last week I discovered that she has had a dog in the place since last month--she posted all of her dog's activities in my place on her twitter page. We scheduled the lease renewal for this weekend and upon meeting with her, she informed me that she decided she wasn't going to get a dog because she works too much and wouldn't have time to take care of it (even though her twitter account says otherwise). I was more miffed that she lied than that she had the dog inside without my consent or without paying the deposit. I informed her that if she did change her mind, to let me know as I would not care to have her sneak in a dog. She said she wouldn't do that ever.





So now I'm at a crossroads. She's violated the lease terms, but she is really a good tenant overall and I have not had issue with her before. Part of me wants to act a fool about the situation, while the other half says look the other way mainly because it is extremely difficult and costly to find tenants--let alone good ones--in the area as of late. The economy has taken it's toll on the private rental market here. So I ask, what would YOU do?|||There is nothing wrong with you looking at her tweets. You are running a business and you should use every available resource to protect your business investment.





Since you did not confront her when she signed the new lease, you should do an annual inspection. Look for evidence of the dog, such as food or water bowls, doggy smell in the unit, doggy toys, etc. Also, what you can do is go over when she is not home %26amp; ring the door bell. The dog will most likely bark.





At that point , let her know that you know she has a dog and give her a 7 Day Notice to Cure. She either pays the pet deposit or finds another home for the dog in 7 days. You have the right to inspect the unit to be sure the dog is gone. If you suspect that the dog is still there, it will be difficult to prove if you decide to evict her for a lease violation. But you have to stay in charge and if you don't proceed at the end of 7n days, you have just trained your tenant that she can do whatever she wants without consequences.|||If she is a good tenant, simply require she pay a pet deposit. All problems solved.|||make up something like, you've seen evidence of a dog there and see what she says.


you definitely want to keep her as a tenant though|||You must have a hot tenant|||Maybe you should look around, in the news, on the block, at Detroit - so many property owners are underwater because tenants have lost jobs and stopped paying rent.





You have a right to inspect the property once a year - maybe you should do this. Of course you have to give her notice, but maybe you would find evidence in the year of the poopy variety.





She's probably trying to get out of paying the deposit.





I don't have any respect for your snooping but I'll hold my opinion on that point.|||Sounds like a simple stakeout will solve your problem. One weekend if you work go their early until she comes out with the dog, go up to her like you were driving buy to check your property, then let her know she has violated her lease and she can either pay the pet deposit fee. When you renew the lease raise the rent at least 5 percent, this will let her know you are not a fool. You should also have regular inspections built into your lease to inspect the property at least quarterly.





Funny, in our society how many people are dishonest and do not mind stealing from you. Do you understand a pet could cause you to have to replace all your carpet and can damage your AC. Since when does carpet only cause $250.|||Yes, just call by the house and see if the dog is in fact there. Seriously, I know people who make up stuff on Facebook etc so they look cool or whatever. She may have been minding it or indeed decided not to keep it because she is working.


If you call around and knock, if there's a dog 99/100 it will bark when you ring the bell! So go when she is out a work and see first! Then call around after work and tell her, I called by earlier but your weren't home, but I heard your dog barking!!


If she has a dog, say fine, but we need to get it in writing and you need to pay a small bond. Tell her most places don't allow pets but because she's a nice tenant you're ok with it.


A good tenant is definitely worth keeping and a small dog isn't going to destroy the place. Just tell her that if the carpets etc need steam cleaning etc because of dog smells, she'll have to pay for that. I think that's what happens in any regard when a tenant moves out!|||She was a good tenant until she lied to you ...





There is nothing wrong with you looking at her tweets ... that is not snooping at all. She could set the account to private.





You need to take charge of your business and property and get to the bottom of this ... if she has a dog, she should pay the required deposit.

What are our legal responsibilities to our former landlord in PA?

Okay. So we moved halfway through October last year into subsidized housing because my fiance had been out of work for months and we needed a steady home for our children, not to mention one hadn't arrived yet and it was a 2 bedroom, we needed a 3 bedroom. Now our former landlord is threatening to sue us for 800 dollars, after keeping our security deposit of 450.00.





His charges are as follows:


Cleaning of all walls woodwork and ceilings due to nicotine 500.00. The only room we smoked in was the bathroom, and we scrubbed down the walls, window and ceiling regularly. It was in the lease that we weren't supposed to smoke, but he gave us verbal permission(I know, too late that we shoulda got it in writing, but there's a kicker), and any reasonable amount of dirt on the walls should be covered by normal wear and tear, right?


Removal of damaged wall-paper and repainting the living room 300.00- my fiance put a hole in the one wall with the corner of his gramma's lazy boy. We told him we would fill it in, and repair the wallpaper with a small extra piece, and he told us not to worry about it, because we couldn't be trusted to do it correctly. Now, keep in mind that when he was showing the apartment to the new tenants(after complaining that he owed him extra for having to find new ones), I heard the new tenants DEMAND that he take down all that "hideous blue wallpaper" and paint the room a neutral color. It was waterstained, ripped, and faded when we moved in.


Removal of adhesives and repair of bedroom ceiling 125.00. We had stars on my daughter's ceiling, which we removed when we moved out. There were 3 little pea sized "holes" where the cheap paint he uses came off with the adhesive. So I think 125.00 is a bit excessive, not like he had to repaint or anything, one stroke of a paint brush, problem solved.


Filling and repairing all nail holes- 100.00. What nail holes? He told us when we moved in to use any nails that were already in the walls, and to not use nails for anything, but that using thumbtacks was allowed. So anything I hung up was done with thumbtacks, I never put a single extra hole in the wall bigger than a large needle size.


Back rent plus late fee- 212.50.





So the total he's taking us to court for is 1237.50 - 450.00. But here's that kicker I was referring to- We didn't even have a signed lease at the time we moved out! The man actually stole our paper copy of our lease when he came in to get the rent one day, but we moved in in May 08, and signed a one year lease. We never renewed it, or signed anything else, we told him we were waiting for housing to have an apartment come ready and scraping enough together to pay the rent of 450.00 was hell when we got a total of 393 from the state for cash assistance after my fiance lost his job. The landlord would show up at random times and tell us we had 10 days to be out, he was starting the eviction process. This stressed me out so badly while I was pregnant, I had to be put on medical leave from my job at 3 months along. This apartment was craptastic(I fell down the outside stairs numerous times because there was no outside light), he never gave us keys to the one door at all, the outside light on the other side of the house didn't work either. When we had any form of electronics plugged in, the fuses would blow. The night our furnace went out, with a -15 temp outside, we went and bought little heater fans to stay alive, and they blew the fuses and didn't work anyways. I constantly slid into the stairs inside because there was a tiny piece of blue carpet there, and it wasn't tacked down, so when it was wet, I would slide. And he wouldn't let me put down lineloeum because I wouldn't do it right, but he never would. The upstairs outside screen door broke in Dec of 08, and wasn't fixed by the time we moved, though he was well aware of it needing replaced.


Do we owe this man anything, or do you think the reasonable repairs needed upon our vacation of the premises+ back rent is just right by him keeping the security deposit?





Thanks for reading this! I know it's long but I wanted to explain to the best of my ability.|||THE BEST THING FOR YOU , IS TO LET HIM SUE YOU. TAKE IT before a JUDGE. this man is a ***

We need to break our lease fast! Unusual Medical situation and more!?

I'll try to make this concise. I have multiple GI issues, semi-serious heart issues, syncope, anxiety disorder, panic disorder and many other yet to be diagnosed lesser issues. The main problem is the panic disorder, when triggered, aggravating the GI and heart issues. This combination has landed me near dead and/or in the ER many times throughout my life. Obviously, stress, confrontation and such are like poison to me. I can not work or apply for disability because I have 2 open cases (I am the victim in both) which will severely impact my disability case, once resolved.





Okay, here's the situation: My Fiance and I just began renting an apt (1 year lease) which includes all utilities. The landlord AND his buddies that were here when we signed the lease were told I had major health problems and was not and would not be working. A FEW DAYS after we got settled in and after numerous unannounced entries into our space (it's a basement apt, LL lives above), our LL starts complaining about our use of the AC... after a few more complaints over the next couple weeks, he finally catches my Fiance getting into our car, on her way to work and very rudely informs her we WILL be paying for the electric costs, yadda yadda, more vague unpleasantries. When she arrived home that day, we politely confronted him, said we didn't want any negative feelings or problems, but reminded him that due to my conditions, I need to make sure my body temp and heart rate don't get very high, thus, needing to use the AC a lot. He angrily rambled on about how we lied to him, were causing wear and tear on his AC unit, told us about things not being free, blah blah blah... He ended the conversation by saying that he would never have leased to us if he knew the extent of my health issues, we would certainly not have our lease renewed next year and to have a good day. Let alone the anxiety/panic attacks caused by his random entries, unwarrented complaints, etc, now more than ever, we are constantly panic-stricken and feel unsafe here, knowing he is unstable, very angry and has full access to our space 24/7. I recently learned that by moving about 800 miles away, I can start seeing doctors again, via my mother providing health insurance for me, my family would help us out financially and in many other ways and our attorney can forward us enough start-up money from the pending settlement of a case in litigation to leave asap and either put a down payment on a house, or prepay a whole year's rent up front, giving me time to recuperate and get better taken care of. Now, given his mild harassment (i say mild because there has been no violence yet), the toll it has taken on my health (ER once so far, Fiance leaving or calling in from work to take care of me multiple times), LL's bold attempts to scare us into not utilizing the benefits of our lease (rent includes all utilities) and the opportunity for better health treatment elsewhere, what are the odds of us cleanly breaking this lease asap, with an effective date of early November? We need to try to keep it out of court because my Fiance works full time and the pressure will make me very ill; also, we can't risk getting held-up so long that winter weather travelling is an issue. Basically, what legal rights can I use as threats to make him agree to break the lease free and clear? I've already looked on my local gov't websites, nothing was specific enough to help me. The tricky part of this whole thing is making the LL WANT to break the lease. Angry confrontations and such could literally kill me, but so could staying here anxiety-ridden and far away from medical attention! ARRRGH!





I've already decided to give plenty of notice (1 month+) and offer to let him keep the security deposit, but what if, in spite of his complaining, for some twisted reason, he still won't agree to let us go? How do we handle that scenario without escalating the tension and achieve our goal quickly?!





Note: The lease is a pre-formatted, generic, single-page lease he printed at officemax or some other similar store. there's no small print to help us OR him. Everything is very plainly stated, including the included utilities agreement. I hope I explained everything clearly!|||The best thing to do is ask him. Take meds first to keep your anxiety level down. He may be more accepting than you realize. Good health to you my friend.|||None of your health issues effect your lease. It is a contract involving housing, not health care. He is right, he does not run a hospital.





Since you have no respect and he is paying the bills he needs to put a lock on the thermostat and be done with it. It is too bad he is not seeking help with this, you sound like a horrible tenant.





You will lose this in court. You owe him for the remainder of the lease, it would be easiest for everyone to settle out of court. There is nothing to threaten him with, you are clearly in the wrong here.





I bet he throws a party when you move.|||Most states have free legal aid so try to contact them and let them read your lease. You might want to consider that he may be wanting you to move and that is why he is being such a creep. Before you offer him your deposit, ask him if he would prefer to let you give notice and move, and see what he says. By responding in a reasonable way, hopefully he will be reasonable. You might have your fiancee ask since the stress for you might be to much. Good luck!|||Does your "generic" lease contain an early termination clause? If so, pay the fees as outlined and move.





If not, ask your landlord if he will allow you to pay a couple months rent as an early termination fee or if he will allow you to find a suitable sub-letter.





If he will not permit you to do either, you are stuck there until the lease expires. If you just leave, he can sue you and, unfortunately, you will lose. Then you will owe the rent until he is able to re-rent the unit plus his legal fees and advertising costs.





Your health issues are not his problem and the only way to change a (legally binding) lease is if all parties agree. He is not running a charity or a hospital; he is running a business.|||Reality: a medical condition, no matter what it is, does not give you the right, in any state, to break your lease. The LL's character has nothing at all to do with anything.



"Basically, what legal rights can I use as threats to make him agree to break the lease free and clear?" - There are none. None at all.



You need to check state law and find out what he can legally charge you, and be prepared to pay it. Usually it is loss of deposit and at least rent until a new tenant is found. Offer to find him a new tenant if that helps.

Help with my Landlord and rent?

Live in the UK Leeds Area





I have recently bought a house and the completion date is set for July this year. I have informed landlord that I'm moving out giving him two months notice. He has now come back emphasizing that the contract is fix six month term and is demanding payment of rent to September the contract was renewed in March.. I pay on the 16th of each month. And I have been a model tenant paying rent deposit all up front, cutting the grass when he tells me if he is not happy with the length.


Can anyone give me some advice on who I can contact like a 3rd party to resolve this fast as I can鈥檛 pay the rent and the new mortgage at the same time and fear losing the house now. I have offered to give up the full deposit as a compromises.





Pleas help|||You already agreed to pay him, no third party can help you. You are wanting him to suffer a loss so you can change your mind. Life does not work that way, you are expecting him to pay your way in life.|||You signed a contract and you owe him the rent. However, at least in the US, he must make a real effort to find a new tenant after you leave. If he does, as I understand, you're responsible only for the missed rent, the difference (if the new tenant pays less than your lease specifies), and the costs of finding a new tenant. Ask him to start looking immediately.|||Here are you options


1) Find a substitute to take the tenancy


2) Work out a payment plan for your landlord|||I will try to find someone that will take over your lease. Ask friends or neighbors. We are moving in July as well into a new home. Our landlady sent us a yearly lease. We didn't sign it and will be telling her we are doing month to month. In the past couple of years our yearly lease has stopped us for looking for homes. This year we got smart, confident and everything is starting to fall together. I think if you find someone to tie over your lease instead of realying on the landlord then you will have a better outcome and will being showing the landlord your not just trying to screw him. Which I know your not, it sounds like he just wants your money.|||I won't be getting any points for this answer, but it's a common issue. Renters who find a house to buy all of a sudden think the LEGAL CONTRACT they signed with the landlord- yeah, the filthy rich landlord who lays on the beach all day sipping drinks, ignoring your calls to fix the plumbing-- can be broken because it's convenient for you. Your "situation" has changed.





All of a sudden, your promise to fulfill the terms of the LEGAL CONTRACT should come to an end because YOU want them to, and it's the LANDLORD'S fault. "Oh, I didn't KNOW I was signing a lease!"





And you- model tenant- cutting the grass when he tells you to (instead of figuring out when it needs to be cut by yourself.) Why, that landlord was LUCKY to have you! He should be THRILLED you're breaking your contract and buying a home! What's wrong with him?





You should contact a third party. Call your parents and have them slap some common sense into you, and teach you again about honoring your word.|||You shouldn't have signed for the extra 6 months you should have gone on a periodical tenancy which is month by month and you still got your months notice in fact the tenancy you originally signed would be still in force and your landlord should know this and probably does.


If you had been a good tenant and i could keep the deposit and the 2 months notice i'd let you go. obviously your landlord is a total unreasonable a.....


Can't you move the completion date to September it is up to you to tell the solicitor what you want and besides that those you are buying the house off may offer to pay your rent if they want to move earlier, because they will have to find another buyer if you back out and that could be September November anyway, I know of properties that have been up for sale for 1 and 2 years.


You could ask your soliciter to have a word with your land lord or go to CAB





Some landlords don't help themselves and yours is one of them Good lck|||I had exactly the same problem a couple of years ago . If you have less than 2 months left on your tenancy you will owe the remaining of that tenancy . If for example you have 4 months left on the tenancy and you have gave in a notice of 2 months which is standard procedure you will owe the rent for the 2 months which your notice covers but not the other 2 .



As for a 3rd party to help you get in touch with your local council`s housing options team and they will give you advice on your rights .



Answers on here saying you have to pay the whole lot are rubbish , In america this might be the case but in the uk if you are on a assured shorthold tenancy you have a right to end the agreement with 2 months notice . This gives the landlord ample amount of time to find a suitable replacement .



All in all the fact is you will owe the money for our notice period and thats it no more .|||You should have not agreed on the closing date until the end of your rent period. Contractually you are liable for the rent. If you do not pay the landlord he can sue you for the remainder of the rent. It is not his fault you want to break your lease so you can buy a house. And you seem like a good candidate to sue because you must have income and qualified for the house loan. Keep in mind the deposit is for damages, not for unpaid rent, many tenants miss this point. And I would suspect unless you leave the apartment immaculate the landlord will nit pick the condition to avoid giving you back the deposit then sue you for the entire balance of the lease. And this is within in his rights as you signed a contract for 6 months, check your lease you will see the amount you owe is for 6 months, which you pay monthly.





What you could do is try finding the landlord another tenant who qualifies to sublease from you. Legally you are still responsible for the lease and any damages. But if you find a well qualified tenant have them pay all the costs for the application and credit check, he may let you out of the lease.

Please help, I think my husband is abusive. What do you think?

money= He moved from America with 拢600, I had 拢3000 saving at that time and 拢900 pcm income. He used his own money on shopping for himself only, used all my money, refused to work, took my cash card and spent all the money. Then he forced me to get a loan of 拢8000 and a credit card of 拢3600. He took the credit card from me and spent it all. He used the loan and refused to work. My bank was closed due to debt , my income was going to his bank account, I had money only to buy train ticket and 99p sandwich daily while working and with my money, he was creating more debt, signing more contract and buying himself new mobile handsets, CDs, and changing his car every 2 months while having 2 car at the same time. He didn't allow me to practice with the car and get my driving license. Anyway I was so frustrated at the time.





When I got pregnant, we had to go to my brother's house for 9 months, because I couldn't work, and he was telling me he couldn't find a job. After the baby was born, with the help of my brother and my father with the deposit, he finally got a job and we had our own place. He was shopping food for the house, but was refusing to give me any pocket money to keep in the house for emergency. I asked my family to bring money instead of gift to my birthday and in baby shower, and I saved that money which is 拢300 so far that I kept hidden in the house. He created more and more debt by not paying the bills and signing more stupid TV and mobile contracts.





After 3 years of marriage, I am so frustrated. I can't go on anymore, he has borrowed money from all my family so far. He even renewed a mobile contract on my brother's name (because he doesn't have a credit and my brother agreed to get a mobile contract for him) for another 18 months without him knowing it while we are moving to America in 2 months. ( He is a US citizen). I told him when we go to America, I want to live alone because I am fed up with the fear of debt collection agencies, and unpaid bills, and the poverty he is keeping me under, he said if I leave, he will take the child from me. I told him that he is abusive and if he wants to take the child, I will report him to the police or use a shelter's help. He said "You are abusive"!, I said why do you say that? He said because you are always depressed. I told him I am going to tell the police that you threatened me several times that if I leave you will kidnap the baby and go to Germany ( which is totally true), he said you don't have any evidence. I will deny that!!! You can't prove it! and I will say to them that you are abusive!





I am so depressed right now, I want to leave him and report him for abuse, but first I think they may not believe me, second I don't want to hurt him because I still love him. But I want to leave, I am next to suicidal!|||First of all honey if your in America the both of you need to understand that what your going trough is called here Domestic Violence and being that you have a child in America Domestic Violence is not tolerated now you have the right idea about the shelter in there they will counsel you for Domestic Violence and abuse and give you some parenting classes and there for your homework will be done and the child will be place with you but you have to do this fast and stop thinking about the freaking love you have for this man,like you said he can't support you and in America we call men like this LOOSERS! He is dragging you with him you can be OK by your self the shelter will provide help and you can even go to school here and work you do not need to waste your life with a man that is abusive you need to understand that ask for help is your first step wait no longer. Reach out you can call 1-800- abuse they will guide you trough this and find help where you at Good luck honey.|||thats sad,you shouldnt have to deal with that.i think you should seek your families help and move in with them again til you get back on your feet|||what the hell r u doing married to this guy?


he taking you for a ride,get out|||You love a man who's abusive towards you and treats you like sh*t. How's that working for you ?????.....(sigh)..........|||he is a con artist and you fell for it hook line and sinker.|||I think that you should leave. Depression is not good for you and the child.





Loving him, look at all that he does to you. He doesn't love you. If he did he would help not cause more problems, he sounds abusive, controlling, and you don't need that.





Look up the work love. It means someone that cares for you and will not hurt you and make you do things you don't want to do.





Move in with family, they will help you.... he can't get custody because if the court investigates they will see who is controlling everything and he won't win.





Good Luck... I hope that the love for your child will help you leave him. 1 parent is better then 2 parents that can't find a common ground. |||Even an animal would not treat its mate like that.


Let him loose in the woods, from what you say that is were he belongs.