30 day notice to quit

[living in md]

The rent was late twice but it wasn't sent late twice. The first time that it was late it was due to the fact that I had an insufficient address on my lease. My question as far as the landlord entering was that I was planning to go to court if it gets that far. I paid my rent on time in January. I sent it off on the 3rd and she received it on the 5th and she wasn't happy with that. I received a 30 day notice to quit dated January 11th to be out on Feb 11th. The notice to quit was not a notice to quit or cure. My landlord has never had a judgement placed on me for nonpayment or anything. She has since ran an ad in the paper and is calling to show the apartment and she wants the apartment to be vacated when she is showing it. It is interfering with normal living arrangements. I wanted to know if there was anything I could do about this.

 

[djdj]

I really disagree with Steve.....

This is harassment from a landlord, and is illegal, the landlord cannot do anything of the such without taking you to court and WINNING!

So refuse her entry to the premisis when she is with a prospective tenant..... that is your right.

You have not been evicted by a court...so your lease is vaild until either that happens or the lease expires.

Remember i deal with scumbag landlords all the time...and here in the Socialist Republic of New York City, a landlord would be penalised for such communist behaviour by dismmising the case and costing the LL more money to start it all over again.

also is she threatens to call the police...well go inside and call them yourself and the police officer will say this is a civil matter and there is no eviction..and she will have to leave. or the officer will arrest her.

Do you really think a judge is going to evict someone, for something as rediculous as this?

[Edited by djdj on 01-20-2001 at 09:24 PM]

 

[JETX]

'djdj', you certainly have your right to disagree with my advice. But, I can certainly see why, as you claim, you have to deal with landlords all the time. With the attitude that you have, you must have to move all the time, and have probably been sued a lot.

Oh, and you need to go back and read the citation that you offered (§ 8-208.2). You have done what a lot of 'quasi-experts' do. That is to find a few words in a statute or code that LOOK like they apply, and throwing it out as the answer. If you will really read the FULL statute, you will see that it only applies for rental property (usually commercial leases) where a violation of "real property subject to the provisions of Title 6, Subtitle 8 of the Environment Article...". There have been NO claims that this rental issue has to do with Environmental issues!!

Further, you claim that "Holidays" are not counted in calculated days of late rent. That is simply not true, UNLESS STATED AS SUCH IN THE LEASE. The reality is that it is up to the tenant to take the holiday into account and make the payment early enough to be received within the grace period. You need to learn something about contracts (that is what a lease is), simply, both parties can ONLY do what is specifically granted in the contract and in compliance will the local laws. There are NO 'extra' allowances, real or imagined. If you have 'pulled the wool' of extraneous 'conditions', it was only with the grace (or ignorance) of the other party.

Oh, and 'djdj' and I agree on one more item... I would also refuse entry to the landlord for the sole purpose of 'showing to prospective tenants'. Unless your lease provides for this access, it is not allowed. The lease is a two-edged sword. It gives the landlord certain rights AND it gives you rights. One of your RIGHTS is the right to security and privacy. The landlord will very probably violate your rights if he/she exercises unconditional access in violation of the lease provisions. If he/she does this, you probably have the right to file criminal trespass charges (and possibly burglary) on him/her. The problem that the tenant will have is proving that the landlord entered for purposes not allowed in the lease. Can you set up a video camera with 6 hour record for while you are at work?? Can you have a friend 'house-sit' while you are out?? Can you have a neighbor watch the premises??

'Livin in MD', we are in agreement on one thing though... it seems very unusual for a landlord to be trying to evict you for the reasons stated... two late payments with penalties paid. And there is probably a good chance that this landlord will not be granted a Writ of Detainer. However, we must believe that there is more to this than stated.

My suggestion is...
Send the landlord a letter (Certified RRR) detailing that you are in full compliance with the terms of your lease and that you intend to continue in compliance. Detail the circumstances of the two late payments, and that you have paid the fees and penalties as required by the lease (this 'amends' any claim of breach). State that the lease provides you certain legal rights of privacy and security, and that you expect the landlord to comply with them. Add that any violation of your rights by the landlord, or his/her agents, will be prosecuted (as you already know he/she would against you).

I would DOCUMENT each and every thing that they landlord does or doesn't do per the lease. You may very well need this if (when?) this matter goes to court, it sounds like that might be where you are heading.

One final item... with the turmoil that you already have experienced with this landlord, you might want to offer to negotiate an early termination of your lease, providing that the landlord compensate for your moving expenses, etc. Otherwise, this landlord will be on you for every transgression. (Personally, I would strongly suggest this.)

 

[djdj]

Steve:

do you really think this scumbag of a landlord will offer her money to leave..????

No I have been sued twice and I sued the landlord once in my life, and both times the case was thrown out..and i won a case against a prime tenant for an Illegal sublet.......

Or even worse! I was sick one 4th of july weekend, got sick really high fever didnt go to work on friday the june 30th, natually my paycheck was there, off sat and sunday the business was CLOSED on the 3rd and 4th so back to work on the 5th cashed my check,called LL left messages, she calls me at work on the 6th mad as hell went to pay her my rent on the 6th she refused the check!

Now THAT is what i called an assshole/scumbag landlord

And i wont put up with that kind of stupidity!

The other time i was on direct deposit, and they only deposited one week not two, the check would have bounced, and the bookeeper went on vacation...

remember this was way before overdraft checking or ATM's was widely available as it is today.

You know sometimes landlords just have to suck up and be reasonable too, when the proof is in their face!

[Edited by djdj on 01-21-2001 at 12:38 PM]

 

[living in md]

Actually, everyone the only reason is due to the late payments. And as much as I have told her about the insufficient address she has told me it was my fault. When the rent was returned to me because of the insufficient address I sent that envelope in the envelope with the correct address. We have done nothing else. That was my reasoning in asking if I had any rights. And does anyone know how a 30 day notice is to work? Do I have to be out by the 11th or should it be the end of month?

 

[JETX]

Unless you challenge the '30 day notice', you need to be out by the 30th day after receipt of the notice.

However, based on your version, I would suggest that you at least consider challenging her 'notice'. BTW, was this notice written solely by her or was it formalized with a court filing. If this is purely her personal notice to you, it is probably invalid since you have a lease in place. If it is a court action, then you have every right to challenge her in court. Your call.

In any case, I would still be getting prepared to move. The potential for future hassles is far to great.

 

[living in md]

It was purely her. There has never been a judgement, complaint or as I stated she never sent me anything stating there was a problem. As a matter of fact I received a letter from her husband apologizing about the address mixup.

 

[living in md]

She is also calling everyday to ask if she can show the property. There is nothing in the lease regarding this. Can I legally tell her no?

 

[djdj]

Ahhhhh keep that letter that will show a judge that will show SHE is harassing you.

And YES tell her NO you cannot show the property untill the lease ends.

Now Her notice to vacate, is probably not vaild since you have a lease and it doesnt state that this is grounds for termination of the lease AND it is ILLEGAL for a landlord to change the terms out of thin air during the time of the lease.

SO what all this means after the 30 days if you are not gone, then she has to file legal papers with the court, that will cost her some money, and especially if she gets a lawyer, and have you served with then, in them they will tell you how long you have to answer the complaint with the court, and when that time is up it will be put on the court calendar and YOU MUST SHOW UP no excuses AND EARLY TOO! because if you are not there and you are 1st on the list say at 9 AM sharp, and the landlord is...YOU LOSE!


Remember your landlord lives in America too.. and if she doesnt want to follow the law tell her to go back to her own country!

So good luck, and it's time to stand up for your rights as a proud American.

And if it gets that far to court then under NO circumstances will you ever agree to a stipulation to pay her legal fees since you did nothing wrong, dont let her or her lawyer SCAM you with that nonsense.

PS: when dealing with the court DO NOT call them, they are government workers .....they cannot be fired even if they give you BAD information that results in your eviction....so go in person

[Edited by djdj on 01-21-2001 at 08:00 PM]

 

[living in md]

And I never really wanted to pull this one out...but my husband is black and I am white. They didn't know he was black until after the lease was signed.

 

[djdj]

The X files were good tonight...........

I have no objection to for you to say to her if you show the apartment, you will sue her for racial discimination.

Remember sometimes in life the only way to get respect is to prove you are a bigger scumbag then they are.

So use whatever means you can...war is war!

Of course they will not renew your lease, and of course if the landlord wishes to PAY you to move... well add up the costs, of hiring movers, deposits, installation charges, your security ...and make sure you get a certified bank check, no personal checks.

A judge may not look kindly if the landlord offered you say $2000-3000 to move and you didnt

[Edited by djdj on 01-21-2001 at 10:28 PM]

 

[living in md]

But this isn't what I want to do. It's the only reason I can think it's why she is doing what she is doing and why she has said what she has said. Look back at my posts and see what she has said. What do yo think? Am I being radical?

 

[djdj]

No you are not being radical.......i think the landlord is a total asssss ...and what will scare her into acting human?

Threaten discimination....

HMMMMMMMMMMM....just re read it..there are palces like that for people like you, run down shacks and trailers...guess black people dont deserve to live in nice homes.

normally i wouldn't advise this either, but I think the landlord is really being obvious about it.

[Edited by djdj on 01-22-2001 at 12:02 AM]

 

[living in md]

I thought that one too. Especially when she told me she didn't care who she rented too. Black, old ,etc. Tell me do you think I may have a case against her. She has been making my life hell?

 

[living in md]

My landlord called tonight and told me that she has accepted a new tenant. Can she do that?