Ok, we are renting a house and our lease isnt up until next June. The land lord moved out to California because his child was suppose to be in a movie or something. Well I guess that it didnt work out there because he wants to move back into this house. He wants to break the lease and kick us out by the end of the month. That is hardly enough time to find another house. We told him that if he did this we would need our entire security deposite back so we could get a new place. He said he would have to see the house and its damages first. That is rediculous! I feel we are doing him a favor!! On top of that he is already having his mail sent here and boxes fedexed for him here. He wants us to take it. On top of that I am pregnant and due Sept. 13th. I dont mind moving out but legally or something shouldnt he give us our whole security deposit back and maybe some more time to find a place. What can I do at this point? My fiance is soo scared to make him mad for some reason and I am fed up
2007-08-03 12:03:51 · 12 answers · asked by angel l 3 in Business & Finance ➔ Renting & Real Estate
We live in Indiana
2007-08-03 12:31:30 · update #1
The law is on your side in this case..... use it by contacting an attorney......Its the landlord's own fault for his lack of planning...
2007-08-03 12:19:08 · answer #1 · answered by I Can Count To Potato 7 · 2⤊ 0⤋
If you, in fact, have a lease, the landlord can not evict you until that lease has come to term (next June) unless you breach the terms of the lease. However, if you have a month-to-month tenancy, then he can put you out with 30 days notice. If you have a lease and he would like for you to vacate that lease, then he should offer you some significant incentive, a month's rent plus moving expenses might seem fair, to do so. Either way, your security deposit is not due back until you have vacated and the place is found to be in the same condition as your move in. When you do vacate, I would advise you to clean meticulously and to take many good photos of the move out condition.
You are under no obligation to accept his mail or any other deliveries for him while you occupy that home.
2007-08-03 19:24:48 · answer #2 · answered by Tom K 7 · 2⤊ 0⤋
Laws vary by state. But for the most part if you signed a lease you don't have leave. He can't break a signed contract anymor than you could. You are being nice and are willing to move, but if he is trying to rush you, then sorry 'bout his luck. In Texas you have to give a 30 days notice to vacate. He can go to a judge to for an eviction for non-payment or something like that, but even then it takes a little time. He can't just throw you out on the streets. You need to check the laws of your state ASAP. I have a good feelin' you will have the upper hand. Good luck!!!
2007-08-03 19:16:43 · answer #3 · answered by James 4 · 1⤊ 0⤋
Yikes sorry this is happening to you and your family. First of all, what he's trying to do is an illegal eviction. If he wanted you out, he'd have to give a thirty day notice and provide a really good reason for why he wants to break the agreement you guys have.
If I were you, I'd ask for my security deposit back PLUS $2,000 to cover moving costs and trying to find a place so fast. Tell him, if he agress to those terms, you'll agree to move out. If he doesn't want to cover your expenses, tell him you're not moving and he's going to have to take you to court - and he knows you're going to win! So he'll probably take the other offer. Don't let him push you around, let him know that you know how the law works and you're not going to tolerate being pushed around.
Good luck!
2007-08-03 20:24:52 · answer #4 · answered by Cookie On My Mind 6 · 1⤊ 0⤋
Oddly some of the CA landlords didn't read hte law very well. In most states, including California, the landlord has the legal right to break the lease if they will be residing in their home themselves. You get a 30 day notice. Deposits are ALWAYS returned after you move, never before. Most states require it in 30 days after you leave, CA requires it in 21 days.
You are not doing him in any favors. He owns the property and has every right to live in it if he wishes.
2007-08-03 21:49:51 · answer #5 · answered by Landlord 7 · 1⤊ 1⤋
I don't know what state you live in, but in California he could not get away with what he is doing. It is just as difficult for a landlord to break a lease as it is for a tenent. Look on the web for landlord/tenent laws for your state. As far as your deposit, A landlord must return your deposit within 21 days. Any deductions must be itemized, and copies of the reciepts sent to you also.
2007-08-03 19:13:50 · answer #6 · answered by overrun_girl 4 · 3⤊ 0⤋
Talk to a lawyer right away. There is no way he can do this. Of course, if he wanted to offer you some monetary incentive to leave early, that would be okay. But I wouldn't feel obligated to leave until next June unless the price was right.
2007-08-03 19:15:38 · answer #7 · answered by Angie 6 · 2⤊ 0⤋
I am a landlord. You can stay there for a long time. He has to give you a 30 day written notice. If you don't move he has to file eviction papers. That takes a couple weeks. Then you have to go to court. In most states you can reschedule one time. That adds another month. After you go to court. Which is not scary. It is small claims court. The judge asks you about 3 questions and rules. If he wins then you can appeal, even if you have no grounds. Cost to file the appeal about 35.00. That gives you another month. Then you go to court again. If you lose you can apeal again,even if you have no grounds. Cost for that 75.00. Then you go to court and the judge says you have to leave. He can give you 2 weeks to a month to move. If you still want to stay he has to file yet another set of papers. At this point the police come post a paper saying you HAVE to leave. Still they give you another 10 days. It takes 3 to 6 months to make someone leave your house. There should be a book in your library called renter/landlaod right for your county. In any event you are in the drivers seat in this situaution. I would not be scared at all. He is so rude to even try to do this to you. You are not responsible for his poor decision. Your first priority should be having a healthy baby. My advise is to tell him you will need all future communications to be in writing. This will stop him from harrassing you. Tell him you are not comfortable taking responsibility for packages ,tell him to please ask a friend or family member to assume this duty. GOOD LUCK !!!
2007-08-03 19:31:27 · answer #8 · answered by thirsty mind 6 · 0⤊ 3⤋
In California he can not kick you out to move back in. He can bribe you to leave, but it's up to you if you decide to leave or not.
speak with a landlord/tenant lawyer or legal aid. They can help you out.
Regards
2007-08-03 19:24:07 · answer #9 · answered by Anonymous · 2⤊ 0⤋
talk to a real estate attorney (eggplant) instead of looking for answers here. You'll be better off.
2007-08-03 19:11:30 · answer #10 · answered by Anonymous · 0⤊ 1⤋