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Notice to Quit Possession--Reversible?

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C-TEM

Junior Member
What is the name of your state? Connecticut

I have been living at this apartment complex for almost 6 years. Never late for any monthly payment. Always quite. Never caused any problem. For the past 1.5 years I have been on month-to-month whereas the property manager oked that. No longer since the new property manager came. She insisted that we renew the lease otherwise there will be a 20% increase if continueing month-by-month. I have not talked to her for the past 2 weeks. Yesterday she sent a letter warning that if such a lease is not renewed and returned to the office the next day she will bring the case to the attorney. This morning an old man (the attorney?) knocked on the door handing over the Notice to Quit Possession.

I do not intend to leave now, but I do not intend to sign a new one-year lease either since it is likely that I will relocate out of state within the next three to four months. The thing is: I would have agreed to pay extra for month-by-month if the proposed increase was not as high as 20%. I should have talked to the property manager more often in the past 2 weeks regarding this and seeked if a compromise could be reached, but I have been out of town for the most part of the last week.

My question at the moment: is Notice to Quit Possession reversible by the landlord? That is, if I go talk to the manager tomorrow, is it possible that she simply tells me that there is nothing she could do now that such a notice has been delivered? I really need to know about this to make myself prepared for tomorrow's talk. I somehow sensed that the manager is only using this notice to force me into a new lease but I don't want to take it for granted.

Thank you for your advice!
 
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acmb05

Senior Member
C-TEM said:
What is the name of your state? Connecticut

I have been living at this apartment complex for almost 6 years. Never late for any monthly payment. Always quite. Never caused any problem. For the past 1.5 years I have been on month-to-month whereas the property manager oked that. No longer since the new property manager came. She insisted that we renew the lease otherwise there will be a 20% increase if continueing month-by-month. I have not talked to her for the past 2 weeks. Yesterday she sent a letter warning that if such a lease is not renewed and returned to the office the next day she will bring the case to the attorney. This morning an old man (the attorney?) knocked on the door handing over the Notice to Quit Possession.

I do not intend to leave now, but I do not intend to sign a new one-year lease either since it is likely that I will relocate out of state within the next three to four months. The thing is: I would have agreed to pay extra for month-by-month if the proposed increase was not as high as 20%. I should have talked to the property manager more often in the past 2 weeks regarding this and seeked if a compromise could be reached, but I have been out of town for the most part of the last week.

My question at the moment: is Notice to Quit Possession reversible by the landlord? That is, if I go talk to the manager tomorrow, is it possible that she simply tells me that there is nothing she could do now that such a notice has been delivered? I really need to know about this to make myself prepared for tomorrow's talk. I somehow sensed that the manager is only using this notice to force me into a new lease but I don't want to take it for granted.

Thank you for your advice!

You go and tell them this tomorrow and see if you can come to a compromise. They can, if they want to, stop the termination. You may ask them to agree to letting you stay for lets say 4 more months at a 10% increase and then at that time you either sign a new lease or get bumped up to the 20%. Now they do not have to accept this ageeement( and probably won't) but its worth a shot.

If they won't compromise on anything then there isnothing more you can do but either pay more, sign a new lease, or move
 

C-TEM

Junior Member
Thank you for your reply!
I will do that and see if a compromise can be reached. The ex-manager, also a lady, was much nicer. I know a few other tenants who were on month-by-month while that lady was the manager. Never a problem. Not even an increase in rent. This new lady in her early fifties is certainly a lot different and unnecessarily tough (at least to me, it appears).

I have other concerns:

(1) In the possible event a compromise can not be reached, should I try escalating this to the landlord who owns the property? After all, this lady is the property manager not the actual landlord. I am wondering if that would help. I really hate to see all this mess while I am busy hunting for my first job after graduate school . To me, the only plausible reason that the manager sent this notice to quit possession is that she really cannot wait any longer for me to renew the lease. Otherwise I cannot see why she becomes this harsh to someone who can in fact be called a model tenant.

(2) If I eventually have to vacate the apartment following the date set by the Notice to Quit Possession, will there be some record (i.e, negative type) left under my name? The Notice was attested by local marshal. There are the following words on the Notice:

"If you have not moved out of the premises by the date indicated above, an eviction may be started against you".
 
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C-TEM

Junior Member
It is hard to tell what exactly the manager wants me to do unless I talk to her in person. Despite this notice to quit possession she sent me today, she may still just want to push me to renew the lease. To leave is easier said than done. If there are other apartment complexes in the area that provides reasonable month-to-month rates and if I can find one in the coming 10 days I would more possibly decide to just leave. But that is not the case.
 

acmb05

Senior Member
C-TEM said:
Thank you for your reply!
I will do that and see if a compromise can be reached. The ex-manager, also a lady, was much nicer. I know a few other tenants who were on month-by-month while that lady was the manager. Never a problem. Not even an increase in rent. This new lady in her early fifties is certainly a lot different and unnecessarily tough (at least to me, it appears).

I have other concerns:

(1) In the possible event a compromise can not be reached, should I try escalating this to the landlord who owns the property? After all, this lady is the property manager not the actual landlord. I am wondering if that would help. I really hate to see all this mess while I am busy hunting for my first job after graduate school . To me, the only plausible reason that the manager sent this notice to quit possession is that she really cannot wait any longer for me to renew the lease. Otherwise I cannot see why she becomes this harsh to someone who can in fact be called a model tenant.

(2) If I eventually have to vacate the apartment following the date set by the Notice to Quit Possession, will there be some record (i.e, negative type) left under my name? The Notice was attested by local marshal. There are the following words on the Notice:

"If you have not moved out of the premises by the date indicated above, an eviction may be started against you".
I would not try to contact the owner. They have a manager for a reason. They like the money but do not want to deal with tennants.

Have you considered that the reason the old manager is not there anymore is because she did not get new leases signed? She new manager may not be able to wait any longer the owner may be pushing her to get everyone signed to a lease.

If you vacate the apartment before they start eviction prceedings then it will not be a negative affect on you.
 

C-TEM

Junior Member
Thank you for your patience in replying to my question.
Yes, I somehow can figure out that the manager may be under some pressure to have every tenant sign the lease. But then, why did she indicate to me two weeks ago both verbally and in the form of a written note that the month-to-month rate would be increased by 20% if a renewed lease is not received? That left me thinking that she would certainly love to have a signed lease for every rental but at the same time still provide the option of month-by-month rental. I now regret that I hadn't treated this matter more carefully in the beginning. Maybe she is now really serious or maybe just trying to push harder (with this NOTICE thing) for me to sign the lease, which is certainly in her best interest. No matter which, I will have to see her tomorrow. I hope things can work out a bit. I really hate moving at this moment.
 

C-TEM

Junior Member
Is it that hopeless? At least it does not hurt to give it one more try. I thank you for your replying to my post but would not just do nothing.


seniorjudge said:
C-TEM, you have no case and you have no power and you are not in any kind of a bargaining position.
 

treese

Senior Member
Do not try and contact the owner, as acmb05 pointed put, that is why they have a PM.

You clearly do not want to sign a new lease.

You already chose to do nothing and that lead up to where you are now. You dodged the issue and the PM is done messing around. She is not being harsh, it is business, she has a job to do and goals to meet.

seniorjudge said:
C-TEM, you have no case and you have no power and you are not in any kind of a bargaining position.
Your only options now are to move by the date given in the Notice to Quit or be evicted.

You have been served a Notice to Quit Possession by a state marshal. The PM's message is very clear. You did not renew the lease by the date given and were warned in advance that the matter was going to be handed over to an attorney. There, you have it.

If you leave by the date given on the Notice to Quit, nothing goes on your record.

Once the Summary Process (eviction) is filed, there is usually no turning back. The judgment for possession will go for the plaintiff and you will have a big, fat eviction on your record. Not so good when looking for another apartment.
 

C-TEM

Junior Member
I did go see the PM. It turned out they are 100% firm on the 20% increase for the month-to-month option. But the lease renewal option is definitely a big no no for my case--I will sure lose more money if I break the new lease, which is sure to happen. So I decided to stick with the tenancy-at-will and pay about $100 more each month (starting next month) than if I sign a new lease (the new lease already reflects a $50 monthly rental increase than the previous one). They will drop the Notice to Quit Possession case.

This is probably the least bad outcome I can reasonably expect at this moment. With $100 more spent on this apartment each month I get some level of freedom in choosing when to leave as long as I give 30 day notice. Certainly, I know clearly that the landlord can still ask me to leave any time if he gives me proper notice but that is not very possible since not many people are applying for this property and there are quite some vacancies.



acmb05 said:
You go and tell them this tomorrow and see if you can come to a compromise. They can, if they want to, stop the termination. You may ask them to agree to letting you stay for lets say 4 more months at a 10% increase and then at that time you either sign a new lease or get bumped up to the 20%. Now they do not have to accept this ageeement( and probably won't) but its worth a shot.

If they won't compromise on anything then there isnothing more you can do but either pay more, sign a new lease, or move
 

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