Home     Law Advice     Insurance Advice     Community    
Landlord / Tenant Issues : Includes Leases, Evictions, etc.
Go Back   FreeAdvice Legal Forum > REAL ESTATE LAW > Landlord / Tenant Issues

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-09-2005, 03:53 PM
Member
 
Join Date: Jul 2005
Posts: 35
Question

My landlord gave me a 30 day order to vacate


What is the name of your state?

New York

I signed a lease for 1 year. 7 months after being in the household the Landlord sold the house. On June 22, 2005 he gave me an order to vacate the premises by July 30, 2005. When he gave me this notice I immediately went out and rented another home equitable to the one I am renting. On June 25, 2005 I gave the new landlord a deposit to hold the home. When the first came around I did not pay July 2005 rent. I explained to the landlord he could simply keep the security deposit for Julys rent. In addition, after I signed the lease he wrote in pen that I was responsible for the water bill. Which I paid $150.00 because I did not want to cause any trouble. Now because I did not pay July 2005 rent he is taking me to court on July 19th. He said he is going to ask the Judge to remove me in 72 hours. Is he entitled to charge me for Julys rent sense he is the one who broke the lease?

The date of the first lease is 11/2004-11/2005.

This is the letter he sent to me

To whom it may concern

I Ed Rod, being the landlord of 825 willis ave, would like to provide Paulete Dumigan with the highest recommendation as being an excellent tenant for the past year. She has always paid her rent on time and I have never had one problem. The reason she is seekin a new residence is, because the house has been sold. If you have any questions or concerns, please do not hesitate to call me at 315-516-0876

plus he had me sign a 30 day vacate order.

June 22, 2005

Please be advised, as of the above date, I Ed Rodriguez being the landlord of 825 Willis Ave would like to provide you with this 30 day notice to vacate the residence. This decision has been made due to the fact that the property has been sold. The day that the property must be vacated falls on July 30th, 2005. Please not that your lease will be terminated on this date and the property should be left in the same condition when your lease began.

Last edited by Paulete; 07-09-2005 at 05:05 PM. Reason: update
  #2  
Old 07-09-2005, 03:57 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951

whoa


Quote:
Originally Posted by Paulete
What is the name of your state?

New York

I signed a lease for 1 year. 7 months after being in the household the Landlord sold the house. On June 22, 2005 he gave me an order to vacate the premises by July 30, 2005. When he gave me this notice I immediately went out and rented another home equitable to the one I am renting. On June 25, 2005 I gave the new landlord a deposit to hold the home. When the first came around I did not pay July 2005 rent. I explained to the landlord he could simply keep the security deposit for Julys rent. In addition, after I signed the lease he wrote in pen that I was responsible for the water bill. Which I paid $150.00 because I did not want to cause any trouble. Now because I did not pay July 2005 rent he is taking me to court on July 19th. He said he is going to ask the Judge to remove me in 72 hours. Is he entitled to charge me for Julys rent sense he is the one who broke the lease?

Yeah.. paulete. need some dates here hon...

You said he broke the lease... you get the upperhand big time... when was it supposed to be ended... sheesh I wish JETX worked weekends... he would be all over this with a swoosh and fire!!
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #3  
Old 07-09-2005, 04:43 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Thumbs up

The Lease is from 10/14/2004 to 10/14/2005
Quoted from other thread.

Paulete lovey.. go to other thread hit edit and delete.. you are a newbie so you can be forgiven and sometimes there are glitches.

Now... why did you let him break your lease? they are not to be messed with!

Is there something else up with this "lease" that we do not know about. A LEase is a LEASE! That means if YOU break it you have to pay some fairly mean fines missy... so if THEY do... DITTO!!... have you spoken to anyone else about this... someone with some letters behind their names~~~

(by the way... delete your other post... go to it look at edit and hit delete and delete twice... )


Sheesh you are.. ( hold on let me chanmel Carnac) Ummm 23 years old!!!

Luv ya kiddo!!
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #4  
Old 07-09-2005, 09:13 PM
Senior Member
 
Join Date: Jul 2002
Location: 3ft from the kitchen
Posts: 2,096
You are still required to pay your rent when due, breaking the lease is one thing paying the rent is another, you cannot use your security deposit as rent.

The landlord was obligated to you for the full term of the lease, you did not have to go off and find something else until the end of the lease, you certainly cannot just stop paying rent, the landlord is right to file an eviction.

If you want to stay in the unit then pay your rent if you want to leave pay your rent. The landlord is right to charge you rent for any time you are in the unit.


Quote:
Originally Posted by Paulete
What is the name of your state?

New York

I signed a lease for 1 year. 7 months after being in the household the Landlord sold the house. On June 22, 2005 he gave me an order to vacate the premises by July 30, 2005. When he gave me this notice I immediately went out and rented another home equitable to the one I am renting. On June 25, 2005 I gave the new landlord a deposit to hold the home. When the first came around I did not pay July 2005 rent. I explained to the landlord he could simply keep the security deposit for Julys rent. In addition, after I signed the lease he wrote in pen that I was responsible for the water bill. Which I paid $150.00 because I did not want to cause any trouble. Now because I did not pay July 2005 rent he is taking me to court on July 19th. He said he is going to ask the Judge to remove me in 72 hours. Is he entitled to charge me for Julys rent sense he is the one who broke the lease?

The date of the first lease is 11/2004-11/2005.

This is the letter he sent to me

To whom it may concern

I Ed Rod, being the landlord of 825 willis ave, would like to provide Paulete Dumigan with the highest recommendation as being an excellent tenant for the past year. She has always paid her rent on time and I have never had one problem. The reason she is seekin a new residence is, because the house has been sold. If you have any questions or concerns, please do not hesitate to call me at 315-516-0876

plus he had me sign a 30 day vacate order.

June 22, 2005

Please be advised, as of the above date, I Ed Rodriguez being the landlord of 825 Willis Ave would like to provide you with this 30 day notice to vacate the residence. This decision has been made due to the fact that the property has been sold. The day that the property must be vacated falls on July 30th, 2005. Please not that your lease will be terminated on this date and the property should be left in the same condition when your lease began.
__________________
I am not prejudice I hate everyone ... Southism

If there were no such thing as suing there would be less injuries.... Southism
  #5  
Old 07-09-2005, 09:28 PM
Member
 
Join Date: Jul 2005
Posts: 35
Angry

Quote:
Originally Posted by south
You are still required to pay your rent when due, breaking the lease is one thing paying the rent is another, you cannot use your security deposit as rent.

The landlord was obligated to you for the full term of the lease, you did not have to go off and find something else until the end of the lease, you certainly cannot just stop paying rent, the landlord is right to file an eviction.

If you want to stay in the unit then pay your rent if you want to leave pay your rent. The landlord is right to charge you rent for any time you are in the unit.
He terminated the lease before it was over and told me to move. I was accomodating him. I am in the middle of moving beside there are only four reasons a landlord can terminate none of which I did. I dont have the money to pay him the rent because it is applied to another security deposit of the house I will be moving into.
  #6  
Old 07-09-2005, 09:53 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Lightbulb

job 2:9
curse God and die.

I am done with you.

You are sorry..


You are just an impatient wench waiting to get taken advantage again.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #7  
Old 07-09-2005, 09:57 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Quote:
Originally Posted by ENASNI
job 2:9
curse God and die.

I am done with you.

You are sorry..


You are just an impatient wench waiting to get taken advantage again.
And I am not even a bible-thumper you just chap my buttermilk.. you posted posts and post saying waah waah waah.. did not even know how to post on your own thread... they are deleted now through others telling you what to do ( thank you) but otherwise your lease issues and your letting it fall thru your fingers... hahahhahha... blaaa
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #8  
Old 07-09-2005, 10:04 PM
Senior Member
 
Join Date: Jul 2002
Location: 3ft from the kitchen
Posts: 2,096
Does not matter what he said he was still obligated to the full term of the lease....

You still need to pay your rent no matter how mad you get.


Quote:
Originally Posted by Paulete
He terminated the lease before it was over and told me to move. I was accomodating him. I am in the middle of moving beside there are only four reasons a landlord can terminate none of which I did. I dont have the money to pay him the rent because it is applied to another security deposit of the house I will be moving into.
__________________
I am not prejudice I hate everyone ... Southism

If there were no such thing as suing there would be less injuries.... Southism
  #9  
Old 07-09-2005, 10:05 PM
Senior Member
 
Join Date: Jul 2002
Location: 3ft from the kitchen
Posts: 2,096
What was that all about?

Quote:
Originally Posted by ENASNI
job 2:9
curse God and die.

I am done with you.

You are sorry..


You are just an impatient wench waiting to get taken advantage again.
__________________
I am not prejudice I hate everyone ... Southism

If there were no such thing as suing there would be less injuries.... Southism
  #10  
Old 07-09-2005, 10:12 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951
Lightbulb

Quote:
Originally Posted by south
What was that all about?
You were sleeping grasshopper... pauletta. here was stomping her feet calling us " stupid no nothing scholars" because on a SATURDAY we could not answer her questions... she has since deleted her tantrums and nobody can say what she says but the people who gave her crap... but they are BUSY... because it is SATURDAY... I had a date... myself... a good one. . she/ he also did not know how to respond to her own posts and started new ones on the forum that had no basis.
We do not like her.

She had a good fight against her landlord.. I thought.. but I do not care now.
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #11  
Old 07-09-2005, 10:25 PM
Senior Member
 
Join Date: Jul 2002
Location: 3ft from the kitchen
Posts: 2,096
Release the hounds!!!!



Quote:
Originally Posted by ENASNI
You were sleeping grasshopper... pauletta. here was stomping her feet calling us " stupid no nothing scholars" because on a SATURDAY we could not answer her questions... she has since deleted her tantrums and nobody can say what she says but the people who gave her crap... but they are BUSY... because it is SATURDAY... I had a date... myself... a good one. . she/ he also did not know how to respond to her own posts and started new ones on the forum that had no basis.
We do not like her.

She had a good fight against her landlord.. I thought.. but I do not care now.
__________________
I am not prejudice I hate everyone ... Southism

If there were no such thing as suing there would be less injuries.... Southism
  #12  
Old 07-09-2005, 10:57 PM
Senior Member
 
Join Date: Dec 2004
Location: Wait a sec... I will look outside.
Posts: 5,951

oh


Quote:
Originally Posted by south
Release the hounds!!!!
I hope you are not talking about my doberman.. he is kinda stupid.. cute... real cute.. but .. stupid... looks like this.
[url]http://www.cigarettecards.co.uk/cards/modern/flora/doberman.jpg[/url]

I really love him.. but there has to be some other hounds about.. SOMEBODY!
__________________
"Somebody ought to write a book about people sometime-- they're peculiar."

Sam Spade to Effie Perine.
  #13  
Old 07-10-2005, 04:11 AM
Member
 
Join Date: Jul 2005
Posts: 35

response


I never have called anyone stupid or even implied..... Some people are too touchy in here. I have apologised more than once about the threads do not intend to anymore.

So what you are saying is my best recourse is to pay the landlord for this months rent and force him to honor the lease until October? He is desperate to sell the house so he does not have to declare bankruptcy.... or at least that is the explanation he gave for selling.
  #14  
Old 07-10-2005, 07:21 AM
Senior Member
 
Join Date: Jun 2004
Posts: 1,180
Paulete, as already stated by South, you cannot use your security deposit as July's rent.

Pay him July's rent because you owe rent until July 30. The LL has a right to take you to court for nonpayment of rent.

The Landlord broke the lease, but you accomodated him willingly. You didn't have to, but what is done is done.

You already have another house on deposit and are in the process of moving. Did you sign a lease at the new place? If so, you could get yourself in a world of trouble for backing out now.
  #15  
Old 07-10-2005, 07:37 AM
Member
 
Join Date: Jul 2005
Posts: 35
Then I guess I will have to go to court and have the judge settle it because I cannot pay him the rent I used it for deposit on the new house. Everyone is looking at this as if I am the one who broke the lease I was perfectly happy to remain in this house and fulfill my obligations. But for his action with the 30 day vacate order I would have never looked into renting another home. Where is his responsibility in this? action=reaction

Does he have to pay the security deposit back if it is tied up in a bankruptcy or the sale of the house?

When I go to court do I have the right to ask the judge to post pone the case until I get legal representation?
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:39 PM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.