New mgmt co kicking us out instead of doing repairs so they can raise rent

[Zigner]

What about the fact that they said that they have to do it for the whole building, but they are just going to start with us? They said straight out that they just want to remodel and raise the rent, and they're going to go the expensive route and do it one unit at a time. Why start with mine? Why not start with the people that have 5 or 6 people living in a 1 bedroom apartment, who haven't been here as long and who are the noisiest neighbors ever? Why not start with the people who have 4 children in a non-kid friendly building? I don't want to go in and say "pick on them instead" but seriously, pick on them instead. At least to buy myself some wiggle room. They also have scheduled 3 "inspections" of the apartment prior to our leaving. One just so that they can tell us what WE should fix for them before we leave. That doesn't sound right to me either. They already did their inspection, and all the repairs are on them, not us. We have not caused damage beyond normal wear and tear. Another inspection is tomorrow so that the sewer company can do a plumbing inspection. The last time I checked, the sewer is not in my unit. If they are that antsy to do repairs suddenly, then why bother saying they didn't want to be rushed? I suppose I should just go in and kill them with kindness, right? Use my natural charm and wit to coerce them into extending my tenancy? Somehow I think I need firmer ground than that. I am willing to take any suggestions, even if they are crazy, so long as they are legal.

The law requires the the move-out inspections.

Pack.

 

[Silverplum]

There is no "why." It just is, all Yoda-like.

It's not your business venture, therefore you don't make the business decisions. Instead of wasting your time trying to overcome them, I advise you turn your energies toward your new future home.

 

[Gail in Georgia]

We get that you love your neighborhood and you love the fact that the rent hasn't been raised in the five years you've lived there.

We get that you believe it's unfair that you are the first unit to undergo repairs and you, somehow, feel "picked upon".

What you don't get is, that once again, as a month to month tenant you have always been on shaky ground in terms of how easily your lease can be terminated.

Attached is some good information on how easily this can be done in your state:

Landlord's notice to end a periodic tenancy

A landlord can end a periodic tenancy (for example, a month-to-month tenancy) by giving the tenant proper advance written notice. Your landlord must give you 60 days advance written notice that the tenancy will end if you and every other tenant or resident have lived in the rental unit for a year or more.201 However, the landlord must give you 30 days advance written notice in either of the following situations:

Any tenant or resident has lived in the rental unit less than one year;202 or
The landlord has contracted to sell the rental unit to another person who intends to occupy it for at least a year after the tenancy ends. In addition, all of the following must be true in order for the selling landlord to give you a 30-day notice

The landlord must have opened escrow with a licensed escrow agent or real estate broker, and
The landlord must have given you the 30-day notice no later than 120 days after opening the escrow, and
The landlord must not previously have given you a 30-day or 60-day notice, and
The rental unit must be one that can be sold separately from any other dwelling unit. (For example, a house or a condominium can be sold separately from another dwelling unit.) 203

The landlord usually isn't required to state a reason for ending the tenancy in the 30-day or 60-day notice (see "Thirty-Day or Sixty-Day Notice"). The landlord can serve the 30-day or 60-day notice by certified mail or by one of the methods described under "Proper Service of Notices".204

Note: In the circumstances described in the Three Day Notice section, the landlord can give the tenant just three days' advance written notice.

If you receive a 30-day or 60-day notice, you must leave the rental unit by the end of the 30th or 60th day after the date on which the landlord served the notice (see Written Notices of Termination). For example, if the landlord served a 60-day notice on July 16, you would begin counting the 60 days on July 17, and the 60-day period would end on September 14. If September 14 falls on a weekday, you would have to leave on or before that date. However, if the end of the 60-day period falls on a Saturday, you would not have to leave until the following Monday, because Saturdays and Sundays are legal holidays. Other legal holidays also extend the notice period.205

If you don't move by the end of the notice period, the landlord can file an unlawful detainer lawsuit to evict you (see The Eviction Process).

What if the landlord has given you a 60-day notice, but you want to leave sooner? You can give the landlord the same amount of notice as there are days between rent payments (for example, 30 days' notice if you pay rent monthly) provided that -

The amount of your notice is at least as long as the number of days between rent payments, and
Your proposed termination date is before the landlord's termination date.206

What if the landlord has given you a 30-day or 60-day notice, but you want to continue to rent the property, or you believe that you haven't done anything to cause the landlord to give you a notice of termination? In this kind of situation, you can try to convince the landlord to withdraw the notice. Try to find out why the landlord gave you the notice. If it's something within your control (for example, consistently late rent, or playing music too loud), assure the landlord that in the future, you will pay on time or keep the volume turned down. Then, keep your promise. If the landlord won't withdraw the notice, you will have to move out at the end of the 30-day or 60-day period, or be prepared for the landlord to file an unlawful detainer lawsuit to evict you.


Gail

 

[PippiPalermo]

Legally I don't see anything wrong with that the LL is doing. He is free to end the lease for no reason at this point and he gave you proper notice. Why should he go through the extra expense to relocate you? As a LL I understand where he is coming from.

You are of cause free to approach him and to negotiate a deal, maybe involving another unit.

Are you sure it is not the condition of your unit (dirty etc.) that caused him to end your lease?

Can I perhaps use the expense on the LL's end as a bargaining chip? We aren't asking them to relocate us even temporarily. The repairs that need to be done, if they are done by the right people, can be done with little disruption to our lifestyle, and we can stay with family for a few days if water/power will need to be out for longer than a day. But the people that they traditionally hire are not all that good at what they do, and they drag it out to make it cost more, while doing a lower quality of work. My boyfriend is a plumber, and an excellent one at that. According to him and also all of the plumbers in his acquaintance, there is no reason that what they propose should take more than 2 days and that is if they did the entire building at once. The rest of the repairs (aside from the water heater) we'd really like to do ourselves, which while we could charge for materials (or take it off rent) we would not be charging labor, and the unit would be way nicer, yet still rental friendly later. I'm just spitballing, here, but I gleaned a spark of possibility in your reply.

 

[Zigner]

Can I perhaps use the expense on the LL's end as a bargaining chip? We aren't asking them to relocate us even temporarily. The repairs that need to be done, if they are done by the right people, can be done with little disruption to our lifestyle, and we can stay with family for a few days if water/power will need to be out for longer than a day. But the people that they traditionally hire are not all that good at what they do, and they drag it out to make it cost more, while doing a lower quality of work. My boyfriend is a plumber, and an excellent one at that. According to him and also all of the plumbers in his acquaintance, there is no reason that what they propose should take more than 2 days and that is if they did the entire building at once. The rest of the repairs (aside from the water heater) we'd really like to do ourselves, which while we could charge for materials (or take it off rent) we would not be charging labor, and the unit would be way nicer, yet still rental friendly later. I'm just spitballing, here, but I gleaned a spark of possibility in your reply.

You are free to bargain, etc.

Most experienced landlords won't want tenants doing repairs to the unit. It's bad business.

 

[BL]

Quit frankly ,you can try to negotiate , but you are full of excuses . Don't try it all in negotiations, it won't work. Perhaps it's you attitude they are " picking" on you first . Your BFs career has nothing to do with how they choose to do things.

 

[OK-LL]

The landlord is under absolutely no obligation to negotiate with you or allow you to stay beyond the end of the notice. If you remain in the rental beyond that date, the landlord will file for eviction and with that on your civil court record very few decent landlords will rent to you in the future. You should call your landlord and tell them you would like to continue to rent the property -- don't drag out all the boo-hoo stuff about being picked on, why me first, you're doing the repairs wrong, etc. Just tell him you can relocate for a short period of time and then return and you'd like him to consider that as an alternative to terminating your rental. After that, it's his choice. If he agrees, yahoo for you. If he prefers to continue with the termination, you need to quit kvetching and get packing. He may have decided you are paying to little in rent and he wants to improve the unit and increase the rent accordingly -- if you're willing to pay more, you might mention that if he tells you that's the situation. If he gives no reason, you can take it that you are no longer wanted for whatever reason. Tenants are by definition temporary; you should be prepared to move at any time, whether the end of a lease or month-to-month.