Alright to make this short.... We use to live on another property through the same landlord... he terminated out lease and gave us 10 days to move out... he then put us up in the house we are in now.
Was he supose to keep us under the same lease from the other property? We put in a request to move a month or so ago.... because the heating in the house is very dangerous for my son to be around, and we need more room. He replied back with a NO that he wont do that on a "WHIM" Theres much more detail, but basically the guys been a d**k to us ever since... Weve never been late on rent till this last month and on the 5th- he serves us with a pay or give him possession!!!! We are a young couple and think he may be taking advantage... please leave your answer and references...if you have facts.... thanks
2006-11-08 03:34:40 · 5 answers · asked by greygirl06 2 in Business & Finance ➔ Renting & Real Estate
If you go from one property to another you MUST get a new lease, you cannot transfer leases. Now did he give you a 10 day notice then moved you to another property? Is the new property the one with the heating issue? He can and does have the right to give you a notice to pay or leave if you are late in the rent, but if this is the first time I feel its uncalled for, but that's my personal opinion. There are so many circumstances to think about and without knowing the details it's a bit difficult to give you the answer you are looking for. You can email me anytime through yahoo answers and maybe I can give you additional information. Good Luck KG
2006-11-08 04:10:12 · answer #1 · answered by kgreives 4 · 0⤊ 0⤋
First qtn straight of the bat is what do you want to sue the land lord for? If it's for the notice to pay rent or quit, pls. note that it is within his right to demand paymt and seek legal redress including evictions if pymt is not made. You only need to be late once for a landlord to move for evictions.
In regard to the new rental property...basically, you pay whatever the market rent is unless otherwise agreed by the parties. Did you formally agree that the rental rate on the new place would be the same as the old one? Did you get this in writing whether as part of the new lease or as a seperate addendum to the new lease?
What is the danger posed by the heating? If it is exposed electrical or HVAC mechanism which violte the city/state code then there are legal means to compel the landlord. You can talk to city to see what can/should be done. If it is something taht you as a tenant ought to be responsible for e.g. keeping your kids away from the HVAC/ electrical mechanisms then that is your responsibility. You can always breach your lease and vacate the premises and incur the penalties of the breach....
2006-11-08 11:52:54 · answer #2 · answered by boston857 5 · 0⤊ 0⤋
1) You woudl have had a different lease because you SHOULD have had to do different deposits, had a different amount of rent, etc.
2) He's not obligated to move you at all. He could have just given you a notice (assuming you did not have an active lease). Asking him to move you again is not his problem, unless it was his fault for some reason-- like the heating system is actually leaking gas into your house or something.
3) He jumped the gun by a day on the eviction notice. On the 6th it is perfectly acceptable to issue a pay or vacate notice. 99% of landlords do this on the 6th. YOu're late-- so why are you complaining that HE is the one taking advantage?
2006-11-08 11:44:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
You seem to think that all these issues are related or interdependent, and they are not.
He may or may not have had the right to terminate your 1st lease and either have you move or move you himself in 10 days. It sounds like it involved special circumstances and that you agreed to it. If anything was unacceptable to you, you needed to find out your rights and take the appropriate steps to enforce them at that time.
At that time, you also should have found out out if your lease was automatically transferred or if there was any sort of formal action that needed to be taken, such as a rider amending your original lease to name this new address as the leased premises.
Is there some reason that you believe he has an obligation to move you to another place? Did he say your current place was temporary until a larger one became available?
None of the above affects your obligation to pay your rent. He can't get you out without a court order, but your personal opinion of him does not excuse you from your obligation to pay him the rent when it is due.
Your landlord is under no obligation to inform you of your rights. It's your job to find out what they are. As long as he is acting within the law, he is not "taking advantage" of you.
2006-11-08 12:26:06 · answer #4 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
what signed lease do you have with the landlord in regard to the current property you live in? or is their just a lease for the old property if so most likely you are on a month to month, if so month notice to leave is all that is required.
Another note: if you could move fast you might want to jump on his offer of pay or quit. See if he is holding you to a fixed term lease ie lease for 6 months/ a year , his letter of pay or quit allows you the option to quit and leave the place, though you will owe for all rent up to the end of the month that you leave you can not be held liable for the rest of the lease, you will need to move fast if you want that option
2006-11-08 12:05:23 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋