nuttinfas Posted January 20, 2011 Report Share Posted January 20, 2011 So i have an issue with my landlord and need to know if there is anything i can do. In August we sign to have a house built and get that started. Our lease on the house we are renting is up in november. So once we get home we call the land lady and ask if we can sign a 6 month or do a month 2 month till febuary or march. She says we can do a month to month paying 950 a month which is how much the rent is in a lease. The lease says if we dont sign a lease rent is to be 1200 a month so this is why we call and ask. Our fault, but we didnt get it in writing. She sends out an invoice at the end of the month to send in the rent and we do. Invoice says 950$ Fast forward to this month. She send the invoice and says she needs to know the date in which we plan to move out she has people wanting to rent. We wouldnt know anything till the 15th of jan. so we wrote a letter and sent it in with rent and told her we would let her know something on the 15th. We talk to the bank and home builder and we are told 30-45 days from the 17th so we send a letter and let her know this. She calls my wife today to tell her we need to let her know something that the letter we wrote was not good enough. My wife tells her it will be 30-45 days to close on the loan and that it is out of our control. She tells her she is losing money (by us living here not in a lease and paying our rent on time) and that if we are here in march we would have to pay 1200 even though 45days would put us at the 6th or so of march. My wife says but you told us 950 and she said that she never said that, If she never said why does our invoice say 950???? Anywho, the conversation goes on and the landlady says my wife needs to call her back and let her know something and hangs up.......my wife calls me a little upset and i say, we'll just pay the 1200 in march if we are there and go bout our way. Am i happy about it, no , but it is what it is. So my wife calls her back and tells here if where not out by march we will pay the 1200 in march. She THEN says no you will pay 1200 for febuary to, my wife says But you just told me on the phone we could pay 950 and you agreed to that in august. She says she never said that, and hangs up on my wife. Is there anything we can do even though our lease was up in novemeber and we have been paying 950 for november, december, and january???? We have lived here for 2 1/2 years and never call her other then when the lease was up and when her stove stopped working. We are never late either. Quote Link to comment Share on other sites More sharing options...
99BlownYellowGT Posted January 20, 2011 Report Share Posted January 20, 2011 I might be wrong but i think that once your lease is up they can change your rent however they would like. They have the right to make it close to market share. Whether or not the 1200 is i dont know. Quote Link to comment Share on other sites More sharing options...
evan9381 Posted January 20, 2011 Report Share Posted January 20, 2011 Tell her to eat a dick and if she wants to be like that, you wont pay shit...its gonna take her a number of months to evict you, youve already got everything with your house done, or will be done well before the time she gets an eviction, and by then you should be in your house Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 Tell her to eat a dick and if she wants to be like that, you wont pay shit...its gonna take her a number of months to evict you, youve already got everything with your house done, or will be done well before the time she gets an eviction, and by then you should be in your house Bad advice, you don't need evictions, but they will have a collections lawyer hound you to get their money. Essentially with a month to month lease it is 30 days notice both ways. They can give you 30 days notice on raising your rent and you have to give 30 days notice on leaving. Now, just remember, your 30 days notice on leaving has to be 30 days before your payment is due, if not, it is considered an xxx days notice and you will owe an extra month of rent. Quote Link to comment Share on other sites More sharing options...
jerrodh Posted January 21, 2011 Report Share Posted January 21, 2011 But I would think if they would have to give a notice that next month the rent is increasing from 950 - 1200... I kind of got lost but you are paying month to month correct? In this case they should have to give like a 30 day notice that next month is 1200 that way if say you didnt want to pay the 'increase' you can give notice of you leaving. EDIT: Lance beat me too it. Quote Link to comment Share on other sites More sharing options...
Skinner Posted January 21, 2011 Report Share Posted January 21, 2011 Call her bluff, call her back and tell her that you recorded the phone calls and you will continue to pay what you agreed on over the phone. If she wants to fight it she can take you to court. Also buy a call recorder and record every call from that this point forward. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 Call her bluff, call her back and tell her that you recorded the phone calls and you will continue to pay what you agreed on over the phone. If she wants to fight it she can take you to court. Also buy a call recorder and record every call from that this point forward. Not in a month to month. They can change the rent on 30 days notice. There is no bluff. Quote Link to comment Share on other sites More sharing options...
Nitrousbird Posted January 21, 2011 Report Share Posted January 21, 2011 Also, you really should pay more for a month-to-month. It's not like you move out one day, and the next people move in the next. There is cleanup and repairs, FINDING someone to move in, etc. Having a contract is important. I'm kicking my tenant out once her lease is up, but that's just to dump my rental for a loss (fuck Reynoldsburg). Quote Link to comment Share on other sites More sharing options...
Skinner Posted January 21, 2011 Report Share Posted January 21, 2011 Not in a month to month. They can change the rent on 30 days notice. There is no bluff. both they have to do it before the next payment is due right. So they can't change Feb because its less the 30 days till the rent is due but they can change the march payment. At least that is how I am understanding it then. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 both they have to do it before the next payment is due right. So they can't change Feb because its less the 30 days till the rent is due but they can change the march payment. At least that is how I am understanding it then. Yeah, and what I get out of the post is that she wants $1200 for March rent. Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 she wanted 1200 for march yes and then she said she wanted 1200 for both months. so i think i'm gonna do 950 in febuary and tell her she had to give a 30 day notci if that is all correct. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 she wanted 1200 for march yes and then she said she wanted 1200 for both months. so i think i'm gonna do 950 in febuary and tell her she had to give a 30 day notci if that is all correct. yeah, since technically your monthly contract has already been renewed. Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 so I can pay 950 this month and then 1200 in march if i need to correct? I just looked it up and it says she has to give me a 30 day writin letter. Can she evict me If i only pay the 950 this month and put in the rent by law she has to give me a 30 day notice?? Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 so I can pay 950 this month and then 1200 in march if i need to correct? I just looked it up and it says she has to give me a 30 day writin letter. Can she evict me If i only pay the 950 this month and put in the rent by law she has to give me a 30 day notice?? She can try. It's expensive to evict though. Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 alrighty. I think ill go with the 950 and pay her the 1200 the next month. She probably wont be giving our deposit back if i do this. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 alrighty. I think ill go with the 950 and pay her the 1200 the next month. She probably wont be giving our deposit back if i do this. She will have to give you a detailed bill explaining why. Quote Link to comment Share on other sites More sharing options...
Skinner Posted January 21, 2011 Report Share Posted January 21, 2011 alrighty. I think ill go with the 950 and pay her the 1200 the next month. She probably wont be giving our deposit back if i do this. clean everything and take pics of it, hell have her do a walk through with you and video tape it. Quote Link to comment Share on other sites More sharing options...
DaddyBuiltRacing Posted January 21, 2011 Report Share Posted January 21, 2011 Landlords=assholes when you tell them your moving. I had one try charging me to repaint the apartment. I painted the entire apartment before moving and had reciepts showing I bought paint. i was smart enough to put it on my dads Sherwin Williams account under "Josh's Apartment". Then she tried charging me for tile chewed up by her uneven floor and her dryer that was sitting on it. Then tried charging me for oil that was from one of my guest vehichles, she took pictures of oil flowing uphill lol. Yes there was oil in front of my Dads jeep which was parked downhill, I never knew oil flowed up hill. A general cleaning bill of 25per hr was attatched to the bill, which I laughed at since we cleaned the apartment and steam cleaned the caprets with our cleaner. The best one was she tried charging me 5 bucks per light bulb (none were blown out when I left) and a $50 dollar hauling fee to throw a lamp away, the same lamp I was using to light the apartment while I painted the damn place. By hauling she meant taking 5 steps out back and tossing into the apartment complex's trash can. she accused me of running a chop shop and a business out of my apartment lol. We ended up breaking the lease and moved out due to all the bullshit, she tried charging me for rent even after she had the apartment rented out, again against the law. Basically she thought since me and my gf were only 18 she could dick us over, helps having family that rent houses out. I am waiting on my current landlord to attemp to jack the rent up here when our 2nd lease is up (July). I'll tell her to eat a dick and be moving if that happens. They are slow as fuck to come fix shit when it breaks, half the time I end up fixing it before they show up. Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 This is why I use a property management company for mine. Bottom line, if you are out of contract, there is not much you can do. If your previous lease said you have the option to do month to month for $1200, you are responsible for that lease specified amount. If she has been letting you do the $950, that is on her and her option. Unless you have something in writing where she said the contract is changing to $950, the actual lease is what will hold up in court. Even with your invoices. Think of it only as her doing you a courtesy in continuing the $950. The only exception to this is the months you have paid where you have a invoice from her for the $950. That would be an agreed upon amount and she can not back bill you, but this does not change the terms of the contract regarding the $1200. That 30 day notice to change the rent is only if you have a amended contract reflecting a lowered rate. It sounds like right now you are legally bound to $1200, so she doesn't have to give notice to anything other then wanting you to pay the legal amount. My info sucks for you, I know. But, you are lucky she was letting you do that at all. I will always require more money for a month to month for the reasons Joe said. Just try and be nice and apologetic, maybe she will let you just do the $950 and just get out and move on with your new house happy! Quote Link to comment Share on other sites More sharing options...
RedRocket1647545505 Posted January 21, 2011 Report Share Posted January 21, 2011 Who's your landlord? Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 I dont think ill say her name in case you know her or soemthing. sorry Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 Bottom line, if you are out of contract, there is not much you can do. If your previous lease said you have the option to do month to month for $1200, you are responsible for that lease specified amount. If she has been letting you do the $950, that is on her and her option. Unless you have something in writing where she said the contract is changing to $950, the actual lease is what will hold up in court. Even with your invoices. Think of it only as her doing you a courtesy in continuing the $950. The only exception to this is the months you have paid where you have a invoice from her for the $950. That would be an agreed upon amount and she can not back bill you, but this does not change the terms of the contract regarding the $1200. No it won't if that lease has expired (which he said it did in November of 2010). They are now on a completely new contract which expires and renews monthly. You cannot carry on a lease agreement after it has expired. The old lease has absolutely nothing to do with the new agreement, and the court will agree with that. Essentially, if they haven't signed anything, they are on a verbal lease (which will hold up in court) in which they can verbally agree to items in the old lease, but if the price is set at $950, that part of the old lease is void and not included in the month to month agreement. Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 No it won't if that lease has expired (which he said it did in November of 2010). They are now on a completely new contract which expires and renews monthly. You cannot carry on a lease agreement after it has expired. The old lease has absolutely nothing to do with the new agreement, and the court will agree with that. Essentially, if they haven't signed anything, they are on a verbal lease (which will hold up in court) in which they can verbally agree to items in the old lease, but if the price is set at $950, that part of the old lease is void and not included in the month to month agreement. this is what i thought to. anyone who has legal advise care to chim in ?? Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 If his old lease does specify he can do month to month after the term of the initial lease, that lease prevails until he moves out or has another signed agreement. I have dealt with this for years and this is also how my management company has relayed it to me. My attorney I use would probably give you free advice on it if you want. Pm me for her number. Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 I actually went ahead and called her, just for clarification. She said it will all come down to how the lease reads. In my application, and in most she sees/prepares, I am correct in that it will carry over as an extension of the agreement. Either way, good luck. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.