• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

No lease must move

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

moma

Guest
Our lease ran out over 2 years ago and have been tenants at will. In the lease it states that the landlord must give us a 30 days written notice when he wants us to move. The day before Thanksgiving he came over and verbally told us that he wants us out because his son wants to move in. I told him o.k. but for him to be patient with us seeing we have kids and dogs and he was o.k. with it. One week later he left us a note on a piece of cardboard asking us how the search is going and that they're eager to move in. Up until 2 weeks ago he was coming to our house once a week to inquire about our search. For the past 2 weeks he's been coming over every other day, early in the morning while we get ready for work and the kids for school and daycare.

Last month he refused the rent check and said to use the last month's rent. This month, he refused the rent check again and said to use our security deposit. We live in MA and if I'm correct the landlord is suppose to give us the bank's name, account number and interest accrued every year from the security deposit, which he never did. I refuse to use the security deposit and will mail him a check. I'm afraid that he's doing that so he can take us to court and say that we haven't been paying rent.

He's threatened to double the rent, which we won't pay because he doesn't fix anything. My tub leaks into my kitchen and he refuses to fix it. Now my bedroom ceiling is caving in and leaks and my toilet into our kitchen and I know he won't fix them now that he wants us out.

He's told my husband that the dogs must be destroying the house. He was in it in November and our dogs have done no damage. Then the last time I spoke with him he accused us of leaving the water running all day. I told him that no one is home all day and he claimed the water company told him that we leave the water running all day. We take good care of the house. He's so cheap that when we moved in he refused to get us a new toilet seat so we bought one. We fixed all the holes in walls and painted.

We want to move but we just need more time and we don't want him harrassing us every other day by banging on our door at 7:00 in the morning. We also don't want to be dragged to court for nonpayment of rent since he refuses it and we don't want to end up on the street. The day he came over to accuse us of leaving the water running all day he asked about the search and I told him that we're looking into buying a house and he just said we don't have time to look to buy a house that his son had to be out of his apartment this months then changed it to last month.

Sorry this is so long. Thank you.
 


D

djdj

Guest
Come on .YOU HAVE PLENTY of time to look for a new place..

You have a real job that pays benefits like sick days vacation days personal days...WELL USE THEM .

The landlord is a jerk and will take you to court, so if you want that then keep acting like you are.

And take lots of pictures before you leave to show a judge!
 
M

moma

Guest
djdj,

Thank you for your reply.

We really don't have plenty of time to search for a place. It took us 5 months to find this house w/kids and dogs and so far no luck.

I do have a real job w/real benefits but w/the line of work that I do it is very difficult for me to just take vacation time or sick days. It's a battle just taking the sick days when the kids are ill and I (along w/other employees) have had to cancel vacations due to no coverage. I do work a 4 day work week and when I don't end up at work on my day off I search for a house. I also search nights and weekends and use the net as well and word of mouth, whether it's to rent or own, just so we don't have to worry about ending up on the street.

As far as your comment ...the landlord is a jerk and will take you to court, so if you want that then keep acting like you are.... I really don't understand where you would come up w/such a comment. When you say keep acting like I am, are you referring to my not wanting to live off of my security deposit and wanting to pay my rent, not wanting him to harrass us every other day, putting up w/his not making any repairs and my having out of pocket expenses to paint, fix holes in the walls, having the house winterized (all with his permission and nonfunding of course), not wanting to pay double the rent when he doesn't fix anything (if he made repairs I would happily pay double the rent), maybe I don't appreciate being accussed of leaving the water running all day when I had someone come into the house and install a water saver (at no cost to the landlord of course). We are good tenants, pay our rent and take good care of the house. Our dogs and the neighbor's dugg up a couple of holes in the yard by the fence and we got together and rented equipment and redid the whole yard and not just the two patches. We may not own it but we have to live here and that's why we take care of it.

Please forgive me if I misunderstood your comment. There's been a death in the family, I'm functioning on 2 hours sleep in the past couple of days and the landlord banging on my door in the mornings isn't helping so I'm a bit crabby right now and can't even think straight.

As far as your advice on taking pictures to show the judge, I will do just that but hope that we find a place real quick so it doesn't go that far.

moma

[Edited by moma on 01-16-2001 at 08:12 PM]
 
M

moma

Guest
On Thursday, my landlord sent his son to ask us if we have found a place yet and I told him no and that we're still looking. When we got home Friday after work we found a notice to terminate occupancy (not an eviction notice). He wants us out in 30 days. The notice is under my husband's name but the original lease (which expired) is under both of our names, does that make a difference? The notice also states that any monies received after the date of the notice is not considered rent but use of occupancy, but he's refusing money. Also, when we signed the lease there was only one name on it as landlord, but the notice has 2 names on it. Obviously, if we can't find a place in 30 days, this will end up in court. How can I prove to the judge that my landlord has been refusing the rent. I still have this months rent in my account. Should I send the check for this month via certified mail mentioning that he's been refusing the rent for 2 months now and that I'm enclosing it?

Also, he sent his daughter last week to my neighbor's to give her a 2 week notice to move after he promised her that if he decides to move his daughter into her apartment that he will give her a 6 months notice. She has no lease.

If anyone has any advice I would really appreciate it.
 
D

djdj

Guest
Well tell your boss this is an emmergency and you need to use your vacation days to look for a new place.

THERE IS NO EXCUSE

DoeSnt matter if he is refusing THE RENT its his legal right to do so because:

YOU DONT HAVE A LEASE.....repeat ..you dont have a lease

You have no rights, and yes after the date of the notice it is NOT considered rent, it is use and occupancy and YES he can double the rent he gave you 30 days notice...

WHY???? BECAUSE YOU HAVE NO LEASE...........

So do you want a judgement on your credit report? then stay! He has given you more then enough time....he is NOT going to take you to court if you are OUT....

NOW WHAT DO YOU NOT UNDERSTAND!

Just make sure you get it in writing that you have vacated the property as per the eviction notice, and you do not owe the landlord any money get it signed by both of them...and you are home free...
 
M

moma

Guest
Actually, I just got off of the phone w/my husband's aunt and she was in the same situation about a month ago. NO LEASE (her original lease ran out and is tenant at will), haven't found a place, landlord harrassed her, had her security deposit and never paid her interest. He wanted to sell his house and couldn't because she was living there. He took her to court and HE had to pay her treble damages for not paying her interest on her security deposit and she got 6 months to find a place.

NOW LET ME TELL YOU WHAT I DON'T UNDERSTAND. I DON'T UNDERSTAND WHY YOU'RE SO NASTY TO PEOPLE AND CALL SOME PEOPLE NAMES WHEN THEY JUST COME HERE FOR ADVICE!!!!!!
 
D

djdj

Guest
Why?????

Because you are trying to screw the landlord by not moving!

So go to court if you wish, and take your chances, sure a judge might give you more time to move, but on the other hand the judge might not.

And to give the landlord triple damages for not accounting for interest on a security deposit and to FORCE him to have your aunt live there for 6 months is CRAZY! But if he was trying to keep the security deposit without accounting for the damages....well thats different.


So you have used up your last months rent, and your security, therefore YOU ARE NO LONGER a tenant but a holdover or a trespasser, and the landlord has a legal right to double the rent, he did give you a 30 day notice

And in your eviction notice the landlord is NOT asking for any money, which is the way it should be, because if the landlord wanted MONEY from you then you would have some legal rights to ask for a postponement to obtain a lawyer, and go back to court and ask for a trial........but if the landlord only seeks possession...you're pretty much are screwed!

So why are you being stupid about this..take time off from work.. BOTH of you... and grab the first thing you can find, and learn to be happy about it.

[Edited by djdj on 01-22-2001 at 09:15 AM]
 
M

moma

Guest
Why don't you reread my post you IDIOT. I am not trying to screw the landlord, I just need more time. And no, I won't just take anything that comes along, not when there's children involved. If I wanted to screw the landlord, I could have on many occassions when we'd have accidents in the house due to his refusing to make repairs in the house. I don't go around screwing people out of anything because I believe what goes around comes around.

Wow you are a MISERABLE FOOL. You sit there behind your computer and call people names. I'm sure if someone confronted you in person you wouldn't have the balls to say 1/2 the things you say while hiding behind your computer screen. You're a big person hiding behind that computer aren't you!

If anyone is stupid here it's you w/your nasty attitude thinking you know everything when 1/2 the information you've given me is incorrect. I spoke to a real professional and 1/2 the things you say are wrong.

NO, MY LANDLORD CAN'T THROW ME OUT EVEN THOUGH HE GAVE ME A WRITTEN NOTICE AND EVENTHOUGH MY LEASE EXPIRED.

YES, HE HAS TO TAKE EVICTION PROCEEDINGS IF WE DON'T FIND A PLACE.

YES, I CAN GET MORE TIME FROM THE COURT.

YES, I CAN SUE HIM FOR TREBLE DAMAGES FOR MY SECURITY DEPOSIT.

NO, HE CAN'T FORCE ME TO USE MY SECURITY DEPOSIT AS RENT.

HE IS SUPPOSE TO HAVE PAID ME INTEREST FOR 3 1/2 YEARS .

I've had other landlords who held onto my security deposit and never gave me interest and told me to use it as rent and I didn't care. One of them gave me 30 days because her sister needed the apartment. I found a place in less than 30 days and moved, but I had no kids.

I was also told to send the landlord a demand letter for my security deposit and demand it in 5 days or sue him for treble damages, but that's something I won't do because I don't like to screw people O.K. jerk. So screw you and take your ill and inaccurate advice and stick it up your ass you ignorant *******.

Now I know better than to come on here asking for advise and dealing w/a looser like you who has nothing better to do than to sit in front of the computer all day and just act stupdi.
 
D

djdj

Guest
Ahhhhhhyou sound just like trailer trash...living in a dump.. landlord refuses to fix things YET YOU STAY!

Well MAYBE a judge might let you stay a few months BUT YOU STILL WOULD HAVE TO PAY ALL OF YOUR RENT....even the checks he refused and if you dont have the money...then you will be evicted...I hope you didnt spend the rent money!

And what a deal you are getting, with DOGS AND KIDS the landlord letting you use your security for the last months rent....THINK about it...duh, if there is damage to the apartment HE cannot sue you for it after you leave...The landlord could have screwed himself out of a lot of money if there is some damage to the apartment...but by you staying, you would be liable for any damage and if its more then the security he can sue you for the difference...

OH gee interest on what $800 for 3 1/2 years at 4% is what?

$100 yes all this nonsense over $100

So go have your day in court.....and have fun!!!!!!

[Edited by djdj on 01-22-2001 at 01:41 PM]
 
M

moma

Guest
.....Ahhhhhhyou sound just like trailer trash...living in a dump.. landlord refuses to fix things YET YOU STAY!--------------
Trailer trash, I am not. Please don't confuse me w/yourself and your family members. The house is not a dump because I PAY OUT OF MY POCKET TO FIX IT, BUT WON'T FIX THE PLUMING (all the leaks I've mentioned).

.....Well MAYBE a judge might let you stay a few months BUT YOU STILL WOULD HAVE TO PAY ALL OF YOUR RENT....even the checks he refused and if you dont have the money...then you will be evicted...I hope you didnt spend the rent money!----------
Once again, reread my post illiterate one. I don't care if I have to pay double the rent if he fixed the house. I have the rent money that he's been refusing in the bank and it's collecting interest for HIM, because it's HIS money, not mine and I don't want him accusing me, as you do, of not paying the rent when he refused it. And I can pay your if you'd like. All I want is that security of an extra couple of months to search for a home WHILE I STILL PAY MY RENT.

.....And what a deal you are getting, with DOGS AND KIDS the landlord letting you use your security for the last months rent....THINK about it...duh, if there is damage to the apartment HE cannot sue you for it after you leave...The landlord could have screwed himself out of a lot of money if there is some damage to the apartment...but by you staying, you would be liable for any damage and if its more then the security he can sue you for the difference-------------DUH, again, read my previous posts about all the repairs we've done and paid for ourselves. All the needed repairs that I added on the lease before I signed it, I fixed (again, I'll repeat because you are illiterate, except for the pluming). Reread the post, the very little damage my dogs and neighbors dog, did to the yard, we redid the WHOLE yard NOT JUST THE TWO LITTLE SECTIONS. I have done plenty of repairs to the house myself and have the receipts. So you see, he has no reason to sue me. O.K. DENSE ONE!!!!

.....OH gee interest on what $800 for 3 1/2 years at 4% is what?

$100 yes all this nonsense over $100

So go have your day in court.....and have fun!!!!!!-----------OMG, YOU ARE RETARDED, YOU DON'T GET IT DO YOU. AND YOU CALL PEOPLE ON HERE STUPID AND IDIOTS. LMAO. He can keep the interest from the security deposit. It's not about the damn $100 you fool, it's about the difficulties finding a home and protecting my family and not screwing anyone or getting screwed. He promised me like he promised my neighbor a few months to find a place and he's trying to screw us. He gave her a 2 week notice. It's about not having to worry about moving when we haven't found a place.

You have some issues w/yourself that you need to resolve. Maybe you need your dad in your life. Maybe childhood traumas...I don't know. Maybe you just need some ass. Relax, why are you so intense. Call a friend and go hang out somewhere. See a shrink. OMG, YOU REMIND ME OF MY MOTHER!!!!!!!!!!! :mad:
 
D

djdj

Guest
All the repairs made and paid for by yourself.....

that is really stupid!....If you pay for the repairs then KISS THE MONEY GOODBYE!

i would expect the landlord to fix things or at least repair and deduct from the rent, BUT if you are FOOLISH to pay for the repairs then YOU had better gotten a couple of hundred a month off the market rent, to cover these expenses or else you really made a bad deal for your family!

To expect the landlord to reimburse you for spending YOUR money on HIS property, when you have nothing in writing ... is outrageous!

Have FUN in court!
 
M

moma

Guest
You are an idiot aren't you. LMAO.

I don't care about the money. The landlord was cheap and my family and I are living here and I was willing to make the repairs so we won't be living in a dump. ONCE AGAIN, READ MY POST RETARD. And I don't want nor do I expect the money back. Please show me on my posts where i said that. You don't get it still do you. Who cares about money, I am not money hungry, I just want....say it w/me djdj....EXTRA TIME TO SEARCH FOR A HOUSE.....one more time....say it w/me again baby....E-X-T-R-A T-I-I-I-I-I-I-I-M-E!!! Did that sink in yet?

You really are dense aren't you. I'm going in circles w/you and you still don't get it. Maybe you are money hungry, but not everyone is. Maybe you can see more clearly if you bend over and let me pull that thing out of your...oooooops. LMAO

And you contradict yourself. You tell someone else on another post whose lease ran out that the landlord can't change the locks and they have to take him to court to evict. Um excuse me, you told me different. Make up your mind sybil.

You are a fool. go look at your other posts to other people. You insult just about everyone w/your lovely personality. Thanks for the entertainment, I've had some fun with you and pleeeaaaaaaaaaaaaase, go see a shrink and deal w/the issues that are deep rooted w/in you so you won't be so miserable anymore. Maybe if you learn to like yourself then others will too.....Relax, you're too uptight, have a drink, take a bath, if you have a significant other have them give you a nice body rub and relax and have a nice night djdj.

[Edited by moma on 01-22-2001 at 09:36 PM]
 
D

djdj

Guest
HEYYYYYYYYYYYYYYYYYYY

Like I said Its ALL up to the JUDGE........

but be preparded to be forcefully evicted by a marshall or sheriff in less then 10 days if the judge says get out.

Have FUN in court and Good luck!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top