landlord breaking lease

[apishapa]

What is the name of your state (only U.S. law)? CO
I am three months into a 12 month lease. I have never been even one day late on my rent. My house is clean. I am quiet. The landlady has told me dozens of times that I am her best renter ever. Last week she decided she is going to move into this house and gave me 14 days to move. I had just paid the rent on the 2nd, so I don't have rent money for another house this month. In addition she has a $1200 deposit, which she won't return until after I am gone.

I know she is in the wrong. What I don't know is if I dig up the money and leave, just because I know she can make my life hell if I refuse, will that indicate an agreement with her terms in terminating the tenancy? An acquaintance told me that if I move it will be proof that I agree with the terms of of her breaching the contract. Like I'm saying it's okay to violate the contract. I do not think that is right but I would like to know before I move, otherwise I'll just stay here.

What I want to do is take out a short term loan ( I might have to use my daughter's tuition money), move and then sue her for breach of contract after I am gone. If I send her a certified letter saying I am moving because I have no choice, but I do not want to move and I consider this to be a violation of our contract terms, will that make a difference? Or do I have to file the suit before I move? Am I expected to subject myself and my son to harassment in order to demonstrate that I have been cheated?

 

[Hot Topic]

Tell your landlord that you'll move if she makes it worth your while. Include the security deposit and first month's rent on a new place with whatever a mover will charge to take your furniture from where you are to where you're going to be. Do not use your daughter's tuition.

 

[wesawitbleed]

get any agreement in writing before you start moving. you do not want the LL to come back after you move and say you left and broke the lease(it would be a total lie but its worse case scenario).

otherwise stay there for the full lease and expect to move at the end of it. she cannot evict you if you stay since you have a 12 month lease.

 

[apishapa]

SHe won't give me my deposit or rent.

I told her I didn't want to leave. She gave me a paper titled "Termination of Tenancy" with a date 14 days away to be gone. The reason stated on the paper is because "she needs to move in". I told her I wanted my deposit back because I can't afford to move without it. And I told her I want a months rent. She won't give it to me.

I told her what she is doing is illegal and that I do not agree to move. If I broke the lease, I would be subject to penalties, and so should she be. Just because I leave when she damands that I do doesn't mean I agreed to do it.

She is going to make my life hell and I don't think I should have to put up with it. I just want to leave, then sue her. I do not believe that being forced out should be construed as an agreement.

 

[Some Random Guy]

Keep that 14 day lease termination notice. It will come in handy in any court case. If she tries to "make your life hell" until you leave, then you can use that as evidence of an illegal eviction in your court case against her.

 

[HomeGuru]

What is the name of your state (only U.S. law)? CO
I am three months into a 12 month lease. I have never been even one day late on my rent. My house is clean. I am quiet. The landlady has told me dozens of times that I am her best renter ever. Last week she decided she is going to move into this house and gave me 14 days to move. I had just paid the rent on the 2nd, so I don't have rent money for another house this month. In addition she has a $1200 deposit, which she won't return until after I am gone.

I know she is in the wrong. What I don't know is if I dig up the money and leave, just because I know she can make my life hell if I refuse, will that indicate an agreement with her terms in terminating the tenancy? An acquaintance told me that if I move it will be proof that I agree with the terms of of her breaching the contract. Like I'm saying it's okay to violate the contract. I do not think that is right but I would like to know before I move, otherwise I'll just stay here.

What I want to do is take out a short term loan ( I might have to use my daughter's tuition money), move and then sue her for breach of contract after I am gone. If I send her a certified letter saying I am moving because I have no choice, but I do not want to move and I consider this to be a violation of our contract terms, will that make a difference? Or do I have to file the suit before I move? Am I expected to subject myself and my son to harassment in order to demonstrate that I have been cheated?

z**A: forget all the suing. Ask her to pay you $10K for you to move.

 

[ManchVegas]

Legal eviction

Most states allow for this but usually with a 30-day notice.

You can file an appeal to the court if time has not lapsed to do so yet. This will at least buy you some time. Most Judges are reluctant to have tenants evicted during winter months. By the time a hearing is scheduled, you will likely have a new place. She is obligated to return your security deposit unless the Judge lets you apply it as rent.

 

[Some Random Guy]

Most states allow for this but usually with a 30-day notice.

Ignore this bad advice. You have a written one year lease, so month to month termination notice periods do not apply.

 

[ManchVegas]

Some 'dom Guy is wrong

540:2 Termination of Tenancy. –
NH RSA 540

""Other good cause'' as set forth in paragraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his family, or guests. "

540:3 Eviction Notice. –

II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), or (d).

Like I said, your lease probably also has language to this effect.

 

[acmb05]

540:2 Termination of Tenancy. –
NH RSA 540

""Other good cause'' as set forth in paragraph II(e) of this section includes, but is not limited to, any legitimate business or economic reason and need not be based on the action or inaction of the tenant, members of his family, or guests. "

540:3 Eviction Notice. –

II. For all residential tenancies, 30 days' notice shall be sufficient in all cases; provided, however, that 7 days' notice shall be sufficient if the reason for the termination is as set forth in RSA 540:2, II(a), (b), or (d).

Like I said, your lease probably also has language to this effect.

You are giving out wrong advice. Suggest you quote the whole law before posting and understand what it means.

 

[You Are Guilty]

You are giving out wrong advice. Suggest you quote the whole law before posting and understand what it means.

"NH RSA"... New Hampshire, no?

So why would our Colorado OP care about your misinterpreted, wrong state advice again?

 

[ManchVegas]

Opinion

Once again "the lease may have language to this effect".

Why would anyone rely strictly on 'opinions' here? I am witnessing posts from all over the country. This is just a way to guide the individual to explore things that may be available to them. Unless of course, the attorneys who post here are willing to do a pro bono and represent the person in the post?.....( yeah, that's what I figured)

 

[Some Random Guy]

ManchVegas,

You titled your response by saying that I was wrong. But you posted information for New Hampshire for persons without a lease. Unless you are willing to look up the colorado statutes and have some understanding of leases, quit posting wrong information.

Yes, we post responses from all over the country, but the first question that the original poster is asked is "What is the name of your state?" That helps people find the correct answer for their situation.

 

[ManchVegas]

Judgement call

Having had to respond to the Supreme Court on such matters, my direction was taken from that experience. Essentially, whatever the lease contract does not specifically cover can be considered under the RSA. With a high percentage of renters not under leases, the RSA exists to afford a minimum protection .

I still like and respect you.

 

[You Are Guilty]

Having had to respond to the Supreme Court on such matters, my direction was taken from that experience. Essentially, whatever the lease contract does not specifically cover can be considered under the RSA. With a high percentage of renters not under leases, the RSA exists to afford a minimum protection .

I still like and respect you.

You do understand that at no time in this country's history has New Hampshire ever been located in the state of Colorado, right?