we never signed a new lease and the landlord wont fix anything we have told him time after time, but he still wants us to pay rent. There is no binding contract what can I do or should I do?
2006-10-17 09:54:48 · 8 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Even if your lease has expired, you are under obligation to pay rent on a month to month basis. There is probably a disclaimer in your lease papers regarding this...However, your landlord is also obligated to make necessary repairs. You have to submit a request for repairs to made in writing, the land lord then has appx. 60 days (check what your state law is) to make repairs. If the 60 days has passed, you are then able to withold rent until repairs are made, or you can hire someone yourself and deduct the amount you pay from your rent.
2006-10-17 10:00:33 · answer #1 · answered by missyhardt 4 · 0⤊ 0⤋
He sold the property? If so, then the new owners will either keep you and ask you to sign a new lease with them or give you notice to vacate. (Michigan law is 30 day notice from either landlord or tenant to vacate) If you have a new landlord/owner you may not have a valid lease at all. But under some circumstances it would hold.
If your old lease has a term in it called "holding over" (mine does and an attorney told me years ago that that means all terms of the lease are in effect after the expiration of it but only on a month to month basis.
I would give my landlord 30 days notice of moving (in WRITING) mail it from the post office with return/reciept (cost a 2-5 dollars)and keep a copy of the letter. Make sure it has a date on it and your signature. That way if he doesnt return your deposit you have a leg to stand on in court. I will bet that all those repairs would be a valid reason to break a lease (especially health hazzards & safety issues) Try your State Web site because laws varry from state to state. There you should find all kinds of good info. GOOD LUCK
2006-10-17 11:11:40 · answer #2 · answered by Big V 2 · 0⤊ 0⤋
If the previous lease has expired, but you are still there, the tenancy changes to a month-to-month tenancy at will, at the old rent. If you don't pay it, you can be evicted. If repairs are required but are not being made, consider moving. Otherwise, negotiate a new lease with the owner, either month-to-month or for a fixed period of time (one year is typical), and provide as part of the deal that the repairs must be made before it is signed.
2006-10-17 09:59:44 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Check the copy of your lease again. If a new lease isn't signed it should become a month to month agreement. He is still the landlord and he still should make repairs according to the original lease.
2006-10-17 09:58:05 · answer #4 · answered by Decoy Duck 6 · 0⤊ 0⤋
Most leases just to convert to a month-to-month lease if a new one is not signed and all the provisions remain the same. I don't know what state you live in, but if you are that unhappy, then move.
2006-10-17 10:01:40 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if there is no lease he can and probably will kick you out w/ 2 weeks notice. it happened to me be careful of slumlord landlords. they are only out to make a quick buck and not fix a damn thing. I had roof damage from hurricane charley and 3 years later the roof still wasn't fixed and a myriad of other problems. get out ASAP
2006-10-17 09:57:59 · answer #6 · answered by tarynlavender 2 · 0⤊ 0⤋
Move out. His loss. Tell him you are moving out unless he comes up with a lease for you to sign.
2006-10-17 09:56:51 · answer #7 · answered by Boodie 5 · 0⤊ 0⤋
MOVE
2006-10-17 09:57:20 · answer #8 · answered by flip4449 5 · 0⤊ 0⤋