I went to give my 30 day notice to my lanlord and was told I was on a lease for a few more months. I asked to see the lease as I had specifically not signed a lease this year as I expected to not stay for the entire period. The lanlord did not have a signed lease but said he had put a notice on my door some 10 months ago stating that the lease would be automatically extended. I informed him I had never seen this. He is now threatening to take my deposit and hurt my credit if I do not finish out this "lease". Any ideas??
2006-08-13 05:05:44 · 9 answers · asked by tgichaz 1 in Politics & Government ➔ Law & Ethics
Some leases have automatic renewal clauses. You should look at your copy of the old lease to see if that is in there. He cannot arbitrarily decide the old lease will renew unless there is language to that affect. Putting a notice on your door saying he decided it will automatically renew doesn't cut it. A contract is an agreement between parties, not the will of one.
As for breaking your lease, he cannot force you to finish it out assuming it's valid. He can, however, make you keep paying until he re-rents the place, and the law requires him to make every effort to do so as quickly as possible to reduce your liability. He cannot let it sit empty and keep collecting from you, and he cannot keep collecting from after he gets a new occupant. That is most definitely illegal.
As long as you pay until he re-rents the place, there's nothing he can do to your credit. So check your records. Good luck!
2006-08-13 05:19:27 · answer #1 · answered by misslabeled 7 · 1⤊ 0⤋
You need to get a copy of the original lease. Some leases have automatic renewal clauses, some do not. If it has an automatic renewal clause, it will specify if any notice is given. Some clauses require the tenant to opt out, some require the tenant to opt in for the renewal period. Some might require the landlord to give notices, others don't.
Do not rely on the advice you receive in this forum. If the landlord does sue you and will, it WILL damage your credit. You really need to consult a local attorney and that review the entire lease to inform you of your options.
2006-08-13 07:10:26 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
You do not say what state or other jurisdiction you are in.
Normally when a lease expires and the tenant stays on and is a "holdover" s/he is there from month-to-month. That means that s/he may leave, or may be forced out, on one month's (one rent period) notice.
If the rent were paid weekly, it would be one week's notice.
You can quite justifiably warn the landlord that if he damages your credit it will cost him dearly as you will sue; that he needs to justify any attempt to keep you longer than one month's notice.
A good lawyer can tear a perjuring witness to pieces if he lies about what he did or what he said.
But I haven't seen the lease, I don't know where you are; this advice is worth what you paid for it: zilch.
2006-08-13 08:18:43 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The actual first lease you signed would have to have a clause that it will re-new. All of mine do, I have it wrote specificly in the lease. If your old lease has these terms you are stuck.
If your orginal lease does not say that, he can not automaticly add it.
Now can he keep your deposit and report you, yep, then you will have to sue him for your money and send a report to each credit reporting group to correct the credit reporting.
2006-08-13 05:11:50 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You have to read your original lease to see if it has an automatic renewal clause.
But I think the bigger issue is why is he forcing you to stay longer in your contract when he knows that winter is a horrible time to have a vacant apartment to unload. It's irrational on his part.
Your real recourse is to review your original lease with him to see what he's trying to enforce. Then if you think he's scamming you, report him to the Tenant-Landlord Association in your county. THEY can do much more to uphold your rights than you can do alone without an attorney. And don't let him strongarm you into staying on threat of harming your credit. That's called extortion and you can press charges against him with the county prosecutor.
2006-08-13 05:24:24 · answer #5 · answered by yellow_jellybeans_rock 6 · 0⤊ 1⤋
No it became marketed as a supplied house its the landlords you compromise for its project as is, for the term of your stay. on your state in all probability any abandoned assets turns into the valuables of the landlords i've got person-friendly states have been a motor vehicle left 3 days after flow out became claimed by utilising the owner who placed new tires on and offered it.
2016-11-04 12:03:24 · answer #6 · answered by shea 4 · 0⤊ 0⤋
if you never sighned a lease agremant he shouldent have ytour social sec #. any way landlords are full of it they always try to scare ther tenants . im 40 and never seen a apt on my credit
2006-08-13 05:11:51 · answer #7 · answered by Anonymous · 0⤊ 0⤋
You have two options. stay the extra months or hire a lawyer and sue him. Which will cost more??
2006-08-13 05:16:33 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I can help you with this, please email me.
2006-08-13 22:40:54 · answer #9 · answered by cptv8ing 3 · 0⤊ 0⤋