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Late on rent-landlords are asking me to leave on the 15th and then after find new tenents and show the place and pay for every month it is not rented with late fees and interest. I am breaking a contract 2 yr lease at one year in, they are getting ugly about it but situations have occured that are out of my control. They are not synpathetic. What should I do? They want me to sign a contract stating I agree to all this or I have to be out today!

2006-08-01 09:25:06 · 29 answers · asked by Anonymous in Business & Finance Credit

29 answers

Very important: Do not sign anything from them under threat. Do not sign anything if you feel pressured into doing so. There are laws and regulations which prevent them from evicting you without going through correct channels.

While you do not say which state you are in, likely this is not the case. When you sign a lease, there is usually a late clause, explaining late fees for late payment, as well as the time covered. Assuming you are not more than 30 days late, they should not have grounds to evict you, or to bill you, or to have you sign any contract.

First, if you are renting from a rental company, and not an individual, then contact the central office and ask to speak to one of their agents about clearing up this issue, and filing a complaint against the building manager.

Second, if you are renting from an idividual, contat your local housing authority, and file a complaint. Also, if you feel threated or pressured, contact the police, and they can help you determine if your landlord has committed any crimes.

Since the landlord is asking you to leave, then he is the one breaking the lease, and you are no longer liable for rent payment. As I mentioned, your lease should lay out the responsibilities for late payment. If the landlord is not abbiding by those agreements while you are, then it is your landlord who is violation.

If I were you, I would take a copy of the contract he wants you to sign, not sign it, and make arrangements to move out. If he tries to take you to court, present the unlawful contract which he tried to have you sign, and the case against you will be dropped, perhaps with charges files against the landlord.

{Oops, the Spellcheck is having problems. If I mispelled anything, exscuse me.}

2006-08-01 09:38:10 · answer #1 · answered by Jim T 6 · 6 0

You should've filed for family hardship or something. We gave our complex 60 days notice that we were breaking the lease, and they couldn't do anything about it because it said so in the lease. We did have to may 20% of the remaining rent that would be due, had we kept the lease, but it wasn't that much.
I don't have a copy of your lease, so I can't tell you what loopholes you may have. How late are you on rent? Cuz today's only the first! If you're a month late and have been late before (and they've sent you warnings), then yes, they can kick you out.
I highly doubt they can make you find their new tenants. Good luck!

2006-08-01 16:31:48 · answer #2 · answered by Ember 3 · 0 0

I would not sign anything new. You signed the lease orignally. In there are the provisions if you break the lease. If it states that they can charge you for every month it is empty then they will do that and you will not be able to pay and it will end up on your credit. You probably will not be able to rent again until you take care of it. Most leases however have a 2 month policy where you have to pay 2 months and forfeit your security deposit. Every lease is different, be sure to go over yours and find out what your legal obligations are, anything beyond that do not commit to.

2006-08-01 16:31:17 · answer #3 · answered by slow_play69 3 · 0 0

No No No No No.

They can not make you be the one to find new tenents or else pay the rent if they are kicking you out. (Unless that was stated in the contract you originally signed)

And also look in the previous contract about if you were late. I hope it says something about 1and "xx" days notice before being evicted.

Also call your local police department or sheriff's office and just seek advice from a sworn officer.

They will help you out.

Good luck!

2006-08-01 16:31:10 · answer #4 · answered by jaredkbyrd 3 · 0 0

Each state is different. Some require 30 days notice. Some even if you leave stuff behind and they take it, requires them to store your stuff for 90 days to give you a chance to pay your back rent up and retrieve your items. it is all different.

It all boils down to whether they can evict you immediately. If they can evict you right now, then you might not have a choice but to sign whatever to keep yourself there for a bit longer till you can move. If you are late on rent you have broken one contract already.

Have you talked to them about paying your back rent up over a couple of months with your regular rent payments? They might let you amortize your back rent if you pay the next month in full and from then on.

2006-08-01 16:35:05 · answer #5 · answered by Fantasy Girl 3 · 0 0

Think of it this way. By not paying your rent, you are creating situations for them that are "out of their control" just like what might have happened to you. They probably need the income to pay bills or they will be late. They need a tenant who will pay.
I think you should get out today and find a place you can afford.
Usually this does not happen the 1st time you are late on rent.
Rent is exactly an exchange of money for the place. Not paying is no different than for example stealing.

2006-08-01 16:30:03 · answer #6 · answered by Sufi 7 · 0 0

That sounds like every other lease. It is probably on your original lease - check it out. Chances are you agreed to that when you signed the contract. If they were sympathetic to everyone who gave them a song and dance, they would be bankrupt. Your problems are not their problems - you made an agreement with them and you are legally obligated to hold up your end of the bargain. Good luck with all of that, and remember what you don't pay can get reported to a collection agency and mark your credit!

2006-08-01 16:33:25 · answer #7 · answered by Tangled Web 5 · 0 0

Sounds like you are renting from my landlord!
I don't think they can ask you to find a new tenant. Will you have the rent soon? Assuming that they want to evict you and will not accept your being late on the rent, they have to give you a thirty day notice to vacate. If you don't move in thirty days they have to file an eviction which would probably give you another two weeks at the max. They can't ask you to leave today.
As for finding new tenants, I don't think thats your responsiblity, its theirs.

I totally sympathize with you. My landlady gave me a twenty five day notice to vacate which expires on Saturday, Aug 5. She showed up last Saturday (July 29) with some men and a truck and were going to "move me". I told her I wasn't ready to move, she offered to take me to the nearby homeless shelter with my belongings! Augh! I plan on being out of my place by Saturday so she doesn't show back up to "help".

Good luck to you!!

2006-08-01 16:34:43 · answer #8 · answered by neona807 5 · 0 0

They can't throw you out on the streets. If they want to be nasty, then tell them that you will wait for the sheriffs to come and kick you out. That is a 3-6 month process and he has to pay for it both by legal fees and also by not getting any rent from you.

You don't sign any contracts that you don't agree with.

2006-08-01 18:28:11 · answer #9 · answered by Anonymous · 0 0

you dont have to be out today and don't sign that!!!!!!!!!!! Ok, I know first hand I breached on a lease contract and my move out would have been 2 months rent 1284.00, but instead I ended up paying a month extra the apartment set and a bunch of court cost collection fees etc..... to the tune of 4400.00, they garnished my check for the longest time and I will tell you they can take up to 25 percent of your net earnings, so be careful!

2006-08-01 16:30:32 · answer #10 · answered by Rikki M 2 · 0 0

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