Forced to Move??

[qismom]

(Sorry for the long letter but please read!!! I need quick advice)

In May 2000 I contacted my rental office to get information on my options for vacating their property by the July 31 end of lease date.I was told to give 60 days notice but if my other plans did not go through they might be able to give me a 1-2 month extension or I could go on a month-to-month lease for an additional $40.00.
Here is my letter dated May 31, 2000.:
"This letter servers as 60-day notice of my intent to vacate the proerty,"(address)"at the end of my lease (July 31, 2000). If at the end of these 60 days, my other arrangements have not become available, I would like to request a one-month extension, if possible. If not possible, I would like to enter into a month-to-month agreement for the month of August. I understand that I would have to give 30-days notice by August 1, 2000 of my intent to vacate at the end of August." ...

After contacting the rental office last week and informing them that my plans didn't go through and I wanted to enter into the month-to-month lease, I was told to write my request on the bottom of my rental renewal letter and bring it in to the office. I did that and turned the letter in on July 26,2000. I was called on July 27 and told that I had to vacate the property by July 31, because it had been rented out. When I asked why, they told me that I had already given my 60 days notice. When I reminded this person that she was the one that told me that I could enter into a month-to-month if my plans fell through. Although she remembered she said 'that's if they have not leased the property already. She never informed me of that. She also said I should have informed them earlier of my intent. I asked her when a reasonable time would have been and she said (paraphrase)Well if you had let us know a week later then we would have taken you unit off of the market. We put it up for lease soon after we got your 60 day notice. Is it reasonable for me to have told her earlier if I didn't know that my plans were not going to go through. It was my understanding that I had until the end of my lease (according to my letter) to let them know. They said that my letter was confusing. It may be confusing but shouldn't they have called me for clarification and/or let me know earlier that they were renting the apartment and find out where I stood with my plans. I'm so confused. Now they tell me I have to be out by July 31 (today is July 29) because they have a tenant coming in on August 15 and they have no other units to rent him or to put me in.
What recourse do I have since there is no way for me to move in a weekend with no where to go. Also can they evict me by July 31. I intend to move by the end of August but that's the earliest I can do. What are there obligations to me since they left some confusion in my mind and didn't tell exactly when I was supposed to let them know that I wanted to stay and go on the month-to-month lease.

[This message has been edited by qismom (edited July 28, 2000).]

[This message has been edited by qismom (edited July 28, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by qismom:
(Sorry for the long letter but please read!!! I need quick advice)

In May 2000 I contacted my rental office to get information on my options for vacating their property by the July 31 end of lease date.I was told to give 60 days notice but if my other plans did not go through they might be able to give me a 1-2 month extension or I could go on a month-to-month lease for an additional $40.00.
Here is my letter dated May 31, 2000.:
"This letter servers as 60-day notice of my intent to vacate the proerty,"(address)"at the end of my lease (July 31, 2000). If at the end of these 60 days, my other arrangements have not become available, I would like to request a one-month extension, if possible. If not possible, I would like to enter into a month-to-month agreement for the month of August. I understand that I would have to give 30-days notice by August 1, 2000 of my intent to vacate at the end of August." ...

After contacting the rental office last week and informing them that my plans didn't go through and I wanted to enter into the month-to-month lease, I was told to write my request on the bottom of my rental renewal letter and bring it in to the office. I did that and turned the letter in on July 26,2000. I was called on July 27 and told that I had to vacate the property by July 31, because it had been rented out. When I asked why, they told me that I had already given my 60 days notice. When I reminded this person that she was the one that told me that I could enter into a month-to-month if my plans fell through. Although she remembered she said 'that's if they have not leased the property already. She never informed me of that. She also said I should have informed them earlier of my intent. I asked her when a reasonable time would have been and she said (paraphrase)Well if you had let us know a week later then we would have taken you unit off of the market. We put it up for lease soon after we got your 60 day notice. Is it reasonable for me to have told her earlier if I didn't know that my plans were not going to go through. It was my understanding that I had until the end of my lease (according to my letter) to let them know. They said that my letter was confusing. It may be confusing but shouldn't they have called me for clarification and/or let me know earlier that they were renting the apartment and find out where I stood with my plans. I'm so confused. Now they tell me I have to be out by July 31 (today is July 29) because they have a tenant coming in on August 15 and they have no other units to rent him or to put me in.
What recourse do I have since there is no way for me to move in a weekend with no where to go. Also can they evict me by July 31. I intend to move by the end of August but that's the earliest I can do. What are there obligations to me since they left some confusion in my mind and didn't tell exactly when I was supposed to let them know that I wanted to stay and go on the month-to-month lease.

[This message has been edited by qismom (edited July 28, 2000).]

[This message has been edited by qismom (edited July 28, 2000).]<HR></BLOCKQUOTE>

Contact a real estate attorney right away. The management company is not required to agree to any lease extension or month to month lease after July 31 and can take the stand that your lease will end on July 31. Both parties have failed to properly communicate leaving you in this situation. You may have a claim against the management company for the confusion.

 

[qismom]

I don't know what my legal rights are with this, it may be unethical but how long do they have before they can force me out or evict me. I obviously can't move by Monday so what legal ways do I have to buy myself sometime? I am going to talk to them and ask for help since the seem to understand my inability to move so soon. But just in case they try to force me out by Monday, I need to know what I can do legally to keep from being put out on the streets and how long do i have?

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Contact a real estate attorney right away. The management company is not required to agree to any lease extension or month to month lease after July 31 and can take the stand that your lease will end on July 31. Both parties have failed to properly communicate leaving you in this situation. You may have a claim against the management company for the confusion. <HR></BLOCKQUOTE>

 

[Tracey]

You screwed up. You told them you were leaving, then asked to stay on 4 days before you were supposed to be gone?? Of course they had your place rented by then! They'd have been fools not to have been showing your apt! You should have negotiated the extra month at least 1 month in advance, so that you'd at least have known you had to leave.

They can start eviction proceedings on Tuesday. You will end up paying: their attorney fees & costs, double rent for each day you're there, any hotel or storage bills (& meals) the new tenant pays because the apt isn't ready on 8/15, any damages they incur from trying to get the place ready in 2 days when they planned to take 2 weeks, plus anything else they can tack on. Also, you'll be evicted before the end of the month anyway. You're NOT staying there until 8/31.

Pack up your stuff & rent a storage unit & find a friend who will let you crash on their couch for a couple weeks. Even checking into a hotel for a month will be cheaper than holding over when you've been told they have a replacement tenant.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[qismom]

Thanks to everyone for your help and advice on this matter. Just wanted to let you know that the Landlord realized that they were just as confusing in what they told me as I was in my letter to them. They were able to work something out for me.
They had a cancellation for a new rental and arranged for the people who were to rent my townhouse to move into a better place. They were able to grant me a one-month extension on my lease. Of course after all of this, I'll definitely be out by then.

Goes to show that there are Landlords that do work with you and have heart!!!

Anyway, thanks for the frank and informative response that I received. This bullentin board has been a very valuable tool for me and I would like to give Kudos to those that maintain it.