My friend signed a lease when he moved into his apartment. But the lease expired about 1 year ago he is still in the apartment but missed paying the last 3 months for rent Aug Sept Oct. He owes $3,600.
Since he did not sign a new lease can he just not pay the last 3 months and just leave? Or will they sue him even if he did not sign a new lease?
This is in New York State
2007-10-03 11:56:18 · 15 answers · asked by tkessandoh 1 in Business & Finance ➔ Renting & Real Estate
pack your bags your movin out!!!!
2007-10-03 11:59:03 · answer #1 · answered by fraz 4 · 0⤊ 1⤋
In Texas, a LL needs to give you 30 days written notice to vacate your apartment with a month-to-month lease (which is what I'm assuming your lease converted to after the expiration of the original term). It doesn't matter when you pay (or don't pay) your rent. The 3 day notice is a separate issue; that has to do with your not having paid the rent in full by its due date (regardless of what your landlord has been allowing in the past). Your landlord can initiate eviction proceedings if you do not pay your rent in full within 7 days of its due date. Eviction generally takes a bit of time, but if you were been given the 30 days written notice to vacate, I suggest you have some other place lined up for 12/30. And in the future, be sure to keep your lease and every other written communication between you and your LL.
2016-05-20 02:17:26 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Not only does your friend owe for the three months of rent that accrued once the lease ended, he/she might owe more. Leases make it possible to keep a fixed rent, the owner knows you are going to be a good tenant staying for a set term and therefore agrees to let the renter live a fixed rent. When the lease is up the owner has the option to increase the rent. And your friends rent might have gone from $1200.00/mth to $1300.00 (example). In addition, your friend is going to have a more difficult time finding a new place now that he/she has damaged their rental history.
And to put icing on the cake, the owner might sue for interest, as well as keep the deposit $ for the slightest damage.
Bum move man.
2007-10-03 12:08:30 · answer #3 · answered by tobelove75 3 · 2⤊ 0⤋
If there is no written lease, he's automatically on a month-to-month tenancy unless the original lease says otherwise. Some leases automatically renew if no notice is given.
At any rate, he owes for the rent and should count on being sued AND evicted. As a former landlord, I'm surprised he hasn't been evicted yet -- if he were my tenant he'd already be gone!
2007-10-03 13:11:15 · answer #4 · answered by Bostonian In MO 7 · 2⤊ 0⤋
He better pack his bags because the landlord will and can evict him for non payment of rent, along with ruin his credit and place a judgement on his credit. Just because his lease expired doesn't mean he's not legally bound by it any more, he's just considered a tenant at will and a month to month tenant, the landlord can give 30 days notice to vacate, however, I'm surprised the LL hasnt' placed a 7 day notice to cure along with a three day notice to cure or vacate.
If your friend doesn't want to find himself in court being sued for the $3600 along with legal fees and court costs then he better pay up. He can't just leave and not pay it'll put a lien on his credit and it will follow him whereever he goes preventing him from renting any where else.
2007-10-03 12:19:41 · answer #5 · answered by Weimaraner Mom 7 · 2⤊ 0⤋
You need to read the lease that he signed. Even though it is no longer in effect, many times the lease will say that if you don't renew the lease, the terms in the original lease stay in effect until one or the other party gives proper notice. That means that rent is still due and that they can sue him for it.
2007-10-03 12:06:26 · answer #6 · answered by Angie 6 · 3⤊ 0⤋
In PA if you don't sign a new lease it goes into a month to month. You still owe rent each month and you can be sued if you don't pay it. If you get sued it cost you not only the rent but court cost. Best to pay up to date even if you are leaving.
2007-10-03 16:07:15 · answer #7 · answered by Classy Granny 7 · 1⤊ 0⤋
Most standard leases have clauses in them stating that the lease will automatically renew unless you give notice to vacate. Read the lease agreement!
He is very lucky to still be there. I would have evicted him after the first payment was due.
2007-10-04 01:40:04 · answer #8 · answered by brandyrhi 2 · 1⤊ 0⤋
When you don't sign a continuing lease, your rent continues at the same dollar amount and with the same stipulations on move-out.....such as one month notice. He cannot get by without paying. If he runs, they will first try a collection agency, then they will sue. And then there will be all kinds of processing and administration fees. The bill will triple, at least.
2007-10-03 12:01:38 · answer #9 · answered by T 5 · 2⤊ 1⤋
If he were my tenant -
he would have been escorted out 2 mos ago by a couple of sherriffs.
If the landlord has let it go that far...........they are clueless.
He actually owes 4 mos worth. He hasnt given notice and hasnt been evicted.
Maybe the landlord will lose the property to foreclosure since he hasnt paid the mortgage. He sounds like a professional loser.
2007-10-03 13:41:39 · answer #10 · answered by Anonymous · 1⤊ 1⤋
yes they probably will sue. if he didn't renew his lease, it automatically becomes a month to month lease, in which case he still has to give a 30 day notice before he can move out.
2007-10-03 11:59:07 · answer #11 · answered by Anonymous · 3⤊ 0⤋