Dead Landlord's Son Moved In, Can I Evict The New Landlord From The Property For Being A Nuisance?

[not2cleverRed]

THANK YOU all for your replies and advice!! I really appreciate it.

At the moment I posted this, the landlord slipped a new lease agreement under my door at midnight. It includes a ridiculous passive-aggressive addendum, and the lease renewal is only for 2-months. LOL! Guess I'll be moving in either 10-days or two months.

Thanks again for all of your input!

Case closed.

Clarify what you mean by this: is your lease up in 10 days, or have you been issued a Notice to Quit?

In any case, I agree with others: move. Additionally, document the condition you leave the place in. I sense that someone won't willingly return your security deposit...

 

[WelcomeToFabulousLasVegas]

The rent is a good and fair deal for both me and the landlord. Financially, it's in his best interest to keep me here, and he'll have trouble renting it out for the same or more at this time of year without losing a month +/- of rental income vacant while he tries to get someone else in here.

The original lease did not automatically renew, or go month-to-month. But it's my understanding that without any other arrangement in place, a month-to-month agreement would be assumed. However, with a new lease on the table now, if I didn't sign a new lease, I expect I'd be asked to leave promptly. Catch 22. I'll be looking at alternative places this weekend in case this 2-month lease goes south.

 

[WelcomeToFabulousLasVegas]

Clarify what you mean by this: is your lease up in 10 days, or have you been issued a Notice to Quit?

In any case, I agree with others: move. Additionally, document the condition you leave the place in. I sense that someone won't willingly return your security deposit...

Yes, I'm big on documentation and very organized about it. My past lease gave me a 10-day grace period on rent. That's where I'm getting 10 days from. If I don't pay full rent within 10 days of the 1st (today), I could vacate and pay prorated for the 10 days and leave. If I pay this month in full, I do have a signed note from the landlord with a mutual agreement on reduced rent (credit for repairs I made) for Nov and Dec. I think that's also why he is only giving me a 2-month lease option right now.

No I haven't been given any notice to vacate.

I plan to talk to him today about the lease option he presented and try to mutually iron out some of the details and issues. I prefer to stay if it's not too cumbersome for either of us.

 

[eerelations]

It's blatantly obvious (to me at least) that your LL is trying to get you to leave without having to go through all the trouble and expense of a formal eviction. While it may seem to you that he will benefit from letting you live there, it's entirely possible that he wants to sell the house quickly and abscond to Yonkers or somewhere with the proceeds.

 

[Just Blue]

It's blatantly obvious (to me at least) that your LL is trying to get you to leave without having to go through all the trouble and expense of a formal eviction. While it may seem to you that he will benefit from letting you live there, it's entirely possible that he wants to sell the house quickly and abscond to Yonkers or somewhere with the proceeds.

"Yonkers"?? Why Yonkers? It could be Buffalo, Athol, Laramie or Heflin ....


jus' sayin'.

 

[eerelations]

"Yonkers"?? Why Yonkers? It could be Buffalo, Athol, Laramie or Heflin ....


jus' sayin'.

I love the name Yonkers...Hoboken's pretty good too.

 

[eerelations]

I love the name Yonkers...Hoboken's pretty good too.

My Mum was especially keen on "Tonawanda." One morning in Toronto she said "Oh I'm so tired of this boring burg. I need lights! I need action! I'm gonna move to Tonawanda!!!"

 

[not2cleverRed]

It's blatantly obvious (to me at least) that your LL is trying to get you to leave without having to go through all the trouble and expense of a formal eviction. While it may seem to you that he will benefit from letting you live there, it's entirely possible that he wants to sell the house quickly and abscond to Yonkers or somewhere with the proceeds.

Really?

I'm of the opinion that Junior is just a clueless idiot that thinks being a landlord means that he can do whatever he wants, and the tenants are just serfs that have to put up with whatever he shovels at them.

 

[WelcomeToFabulousLasVegas]

Yonkers. LOL!

Actually, I understand from the bequeath that the trust does not allow the property to be sold until at least two years after the old man's passing.

In realty, I think the LL has his eye on the master bedroom suite since he's on the lam from his wife, and there's a bit of entitlement or jealousy going on since he's the "owner" now. Possibly to spite his old man as well for whatever happened betwixt the two while he was alive since he can't sell the house.

This is all conjecture at this point.

 

[WelcomeToFabulousLasVegas]

Really?

I'm of the opinion that Junior is just a clueless idiot that thinks being a landlord means that he can do whatever he wants, and the tenants are just serfs that have to put up with whatever he shovels at them.

I don't disagree with you on that point. It seems that way from my perspective as well.

 

[bcr229]

If you don't sign the addendum then the original lease should still control; I don't see where you would be required to move out in 10 days.

If you do move out, digital video is a great way to document the condition of your room, bathroom (if one was "yours"), etc. Do you have anything from move-in that shows your room on the day you moved in, or did you do a move-in checklist with the deceased landlord noting any damage?

 

[WelcomeToFabulousLasVegas]

did your original lease say it would not renew but expired and you had to vacate at the end ? or did the original lease say it automatically renewed at the end or that it became month to month ?

My original lease actually didn't specify either way. It didn't say vacate, didn't say auto-renewal. I understand that without protest, as long as rent is continued to be accepted, precedent would allow me to stay month to month without any problem. The now landlord has accepted two months rent on a verbal so far, with some new minimally handwritten terms, namely, paying a little more for some mutually agreeable amenities that weren't available when I first moved in.