landlord/ tenant lease issues

[lazydogs]

What is the name of your state? CO

I have had a tenant in my rental house for the last 2 1/2 years. Thus far we have had a good working relationship. The written lease ended in May 2007 and we went on a verbal month/month from there. The tenant wanted to buy the property so neither of us was too concerned about having any of this in writing. He never did make an offer to so I called him in early December to let him know I was going to terminate the lease at the end of Feb. He called me in late Dec and let me know he was going to move at the end of Jan. Nothing in writing from either side, no problems. Well he is having some difficulties with the new LL and asked if he could stay for a week into Feb. I said it would not be a problem. He then called me a few days ago and told me he had talked to an attorney and told me he was paid up until Feb 10, since we have a month/month lease and he always pays on the 10th, that the lease actually runs from the 10th to the 10th. I told him that is not the case and the written lease states it is due on the 1st, and the rest of the time is a grace period. He was also told he does not have a claim to his damage deposit to which I told him he does because the written lease states he does and I abide by my lease (as well as it's the right thing to do). I read that I can give him 10 days notice to vacate since we only have a 30 lease.

Can anyone tell me if in fact the lease now runs from the 10th-10th and does he still have claim to his deposit? Am I also able to give him ten days notifiction to get him out in early feb? I'm afraid I'm going to begin having legal troubles with this person.

Thanks

 

[acmb05]

What is the name of your state? CO

I have had a tenant in my rental house for the last 2 1/2 years. Thus far we have had a good working relationship. The written lease ended in May 2007 and we went on a verbal month/month from there. The tenant wanted to buy the property so neither of us was too concerned about having any of this in writing. He never did make an offer to so I called him in early December to let him know I was going to terminate the lease at the end of Feb. He called me in late Dec and let me know he was going to move at the end of Jan. Nothing in writing from either side, no problems. Well he is having some difficulties with the new LL and asked if he could stay for a week into Feb. I said it would not be a problem. He then called me a few days ago and told me he had talked to an attorney and told me he was paid up until Feb 10, since we have a month/month lease and he always pays on the 10th, that the lease actually runs from the 10th to the 10th. I told him that is not the case and the written lease states it is due on the 1st, and the rest of the time is a grace period. He was also told he does not have a claim to his damage deposit to which I told him he does because the written lease states he does and I abide by my lease (as well as it's the right thing to do). I read that I can give him 10 days notice to vacate since we only have a 30 lease.

Can anyone tell me if in fact the lease now runs from the 10th-10th and does he still have claim to his deposit? Am I also able to give him ten days notifiction to get him out in early feb? I'm afraid I'm going to begin having legal troubles with this person.

Thanks

You have been accepting the rent on the 10th for almost a year on a month to month lease. Since that is when you always accepted rent that is when it is due. You can't go by your old lease because it expired and by accepting the rent on the 10th you essentially agreed that is when it is due. So for now he can stay till the 10th. You need to give him proper notice in writing that you are terminating the lease and state a specific date he needs to be out.

Make sure you do a walk threw after he moves and follow the LL/T laws of your state for the deposit. If no damages you owe him his deposit back.

 

[Hot Topic]

It doesn't sound like you know the difference between a lease and a month-to-month tenancy. The written lease was up in May, 2007. What written lease are you referring to now?

You're having problems because you didn't act like a professional landlord and get things in writing.
No, you can't get him only 10 days to move. You have to give him the proper notice as established by Colorado's landlord/tenant laws.

Of course he's entitled to his deposit minus any damage he's done to the rental (that doesn't include normal wear and tear).

 

[lazydogs]

another issue

Thanks for your replies. He also brought up another issue; the bathroom tub stopped up, I brought in a plumber to fix it in October. The plumber could not fix the problem and needed to demo the bathroom to get to the plumbing. I called the tenant at the end Oct, beginning of November to set up a time to demo the bathroom and replace the bad pipe. he told me he did not want me to do it and instead would rather take the cost of plumbing off the price of the house (since he wanted to buy it). He found out that the plumbing issue does not actually subtract from the value of the house and called me in early Dec to fix the problem. I told him I wouldn't be able to get up there until after Christmas. After Christmas he notified me verbally he would be leaving at the end of Jan. He now says I am in violation of habituality laws to which I told him since he denied me to fix the problem in November, I was not in violation. Who is right?

Thanks again

 

[acmb05]

Thanks for your replies. He also brought up another issue; the bathroom tub stopped up, I brought in a plumber to fix it in October. The plumber could not fix the problem and needed to demo the bathroom to get to the plumbing. I called the tenant at the end Oct, beginning of November to set up a time to demo the bathroom and replace the bad pipe. he told me he did not want me to do it and instead would rather take the cost of plumbing off the price of the house (since he wanted to buy it). He found out that the plumbing issue does not actually subtract from the value of the house and called me in early Dec to fix the problem. I told him I wouldn't be able to get up there until after Christmas. After Christmas he notified me verbally he would be leaving at the end of Jan. He now says I am in violation of habituality laws to which I told him since he denied me to fix the problem in November, I was not in violation. Who is right?

Thanks again

You should have fixed the plumbing and not let the tenant dictate when it would be done.

You are now finding out why it is not good to become to friendly with your tenants. Sounds like he is having a problem renting somewhere else and is now going to become very picky until you agree to something he wants.

Serve him with the proper notice and get him out of there.

 

[dookydaddy]

landlord wants to rasie rent

my landlord wants to raise my rent due to the fact i have a family memeber staying with me temporarily. i am renting a 3 bedroom rancher and it's only my wife, my dog and me. my brother in law who is in college close to my home, comes to stay with us evry weekend in the 2nd of the 3 bedrooms in the house. the problem: my landlord lives right next door to me and she is saying that she wants extra monies for rent because we have another adult in the house. i'm paying $1350 now and there is no clause in my lease that says that my rent would be higher if another person is in the home. my rent started out at $1350, that is the agreed amount. my problem is that, my wife is pregnant and when our child is born, can she charge us for the baby too? if she didn't live next door, she wouldn't even know. she said the extra money is for utilities and the such. he is only here 2days a week! do i have any legal ground?

 

[Ohiogal]

my landlord wants to raise my rent due to the fact i have a family memeber staying with me temporarily. i am renting a 3 bedroom rancher and it's only my wife, my dog and me. my brother in law who is in college close to my home, comes to stay with us evry weekend in the 2nd of the 3 bedrooms in the house. the problem: my landlord lives right next door to me and she is saying that she wants extra monies for rent because we have another adult in the house. i'm paying $1350 now and there is no clause in my lease that says that my rent would be higher if another person is in the home. my rent started out at $1350, that is the agreed amount. my problem is that, my wife is pregnant and when our child is born, can she charge us for the baby too? if she didn't live next door, she wouldn't even know. she said the extra money is for utilities and the such. he is only here 2days a week! do i have any legal ground?

YOU ARE HIJACKING. Start your own thread.