lease not renewed

[Erik2003]

By accepting your Oct. 98 rent check (the first rent payment after your ONLY lease agreement expired) the landlord and you automatically accept this rental agreement as a “month to month tenancy”. The landlord’s request for a 2001 lease is irrelevant if you did not sign it, which is further compounded by landlords continuance to accept monthly rent checks.

Someone qualified please back this up.

 

[louiebingo]

tapal:

i hope you understand now, why a lawyer cost so much money.

Your situation is still not clear.


Ok September, they sent you a renewal you instead chose to give them a 30 day notice to vacate, but did they accept Novemebr's rent from you?

 

[tpal]

yes they did

 

[louiebingo]

Do you have the certified letter you sent them?

did they sent you a letter back saying ok?

did you do any kind of move out report? or any reciepts for the keys? did you take any pictures?

Like i said before you might be liable for decembers rent but they had no right to withold your security deposit.

 

[JETX]

Erik, Louie:
You guys simply do not understand the legal issues here and by continuing to ask irrelevant questions (November rent, 2001 lease, etc.) you are only confusing a relatively simple issue.....

FACT:
The tenant had a lease in place until May 2002. She breached the lease by moving out in Nov 2001. It is clear that the lease was breached.

As a result, the ONLY relevant issues at this point are:
1) Deposit. How much? What damages did you leave to be deducted from the deposit?? Did you owe ANY rent, late fees, penalties when you left? Did the landlord send a statement of the deposit account within 21 days of your vacating premises?

2) Demand for unpaid rent. At this point, I would simply ask them to provide proof that they tried to mitigate the breach.

 

[tpal]

somewhere but i have the receipt where they signed for it along with the november rent check.
no they sent a copy of the 97 lease saying it automatically renewed. no i did not take pictures

 

[louiebingo]

If the lease automatically renewed, then you would be liable for another years rent.

But your defense is they took the house off the active rental market, by rennovating it, thereby breaking the lease, in January 2002.

Unless you find the letter with the agent or landlord signiture cancelling the lease at the end of Nov 2001.

 

[Erik2003]

Sorry, but isn't tpal's statement accurate?:

"the lease was for oct thru sept i did not have a 3 year lease it was a year to year lease i did not get a new lease for 1999 or 2000 the the only lease i had was 1997 and did not get another lease to sign until 2001"

Do leases automatically renew?

 

[louiebingo]

Erick ...yes sometimes it does automatically renew for another year, and sometimes it goes month to month.

That should have been decided at the time of the original signing of the lease, so this wont be a surprise down the road.

 

[JETX]

tpal: The first thing you need to do is to ignore 'Louie'. He is just one of many, many reincarnations of a forum trolll who has been kicked off this forum (oh, about 50 times!!). He is a welfare bum living in rent controlled housing in NY.... and has absolutely NO legal knowledge or experience. That is why he keeps asking the same inane questions over and over.

tpal: After renewing your posts, I may have misunderstood something.

You said, "in may 99 realter b took over rented for 3 more years, new realter sent a new lease at end of sept. 2001, "
*** What do you mean that Realtor B took over rented for three more years?? Your statement IMPLIES that you signed a 3 year lease in May 99 (which would end May 2002). Is that correct?? What was the ACTUAL date that your lease obligation was to end??

 

[tpal]

depost 650.00 . not aware of any damages no rent was due no late fees landlord did not send a statement and i do not understand what mitigate the breach means

 

[louiebingo]

Actually it is a very good question:

Why sould a landlord be able to collect rent from a previous tenant when the house is NOT available to be rented immediatly?

the landlord chose to install new windows and vinyl siding in january and february, and re rented in march.

tpal, should not be charged for rent for january and february, since no one could move in. and March was a new lease with a new tenant.

so that leaves Decmbers rent, and the security deposit that was not returned.

 

[tpal]

ok 1997 signed a lease for one year. 1999 new realtor took over no lease was signed for 1999 no lease was signed for 2000 they sent a new lease to renew oct 2001 thru sept 2001. we did not renew the lease we sent a letter that we were buying a house paid oct and novembers rent moved at end of november. never was late on rent never owed any late fees they did not send me any letter about any damaged and did not return my deposit.

 

[louiebingo]

Did you pay octobers and novembers rent together as one payment or each month?

Remeber this all has to gel into a story line you can tell a judge.

With proof of the letter you sent,was there anything sent with the renewal lease?

 

[JETX]

tpal, at this point, you have a choice to make... you can ignore 'Louie' (the forum troll) and I will try to help.... or you can respond to him and I will withdraw and move on to other posts.

Which?

And, if you want my assistance, you are going to have to respond to my posts in a clear and detailed manner. It will help to keep the issue focused and on-track.