LJ 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. No, you aren't, because a new month to month agreement was made. I;ve dealt with this stuff my whole life and do my own property management. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 I'll ask my dad and grandpa when I have lunch with them at 1. That is 80 years of property management experience. Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 To the OP, if you want a real lawyers perspective, let me know. Like I said, it will come down to what the lease says. LJ, 80 years experience may be what works for you. For me and my property, I will trust my lawyer. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 To the OP, if you want a real lawyers perspective, let me know. Like I said, it will come down to what the lease says. LJ, 80 years experience may be what works for you. For me and my property, I will trust my lawyer. See, what is happening is, you are merely keeping the same language and carrying it forward. You can either carry the previously agreed to language forward, completely end the lease, or come up with a new agreement. Each time this agreement renews every 30 days. they obviously came up with a new agreement at the end of the last lease, voiding that lease, just like if they had signed a new 1 year lease. Same exact concept. A month to month is a monthly renewing lease. Just because that is how your property management company does it, doesn't meant that is how the law works. It is just what works best for them. He is bound by nothing in his last lease, only the current month's agreement. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 I think voiding is the wrong word, because everything else stays the same except the payment. The payment provision was changed. As soon at the landlord accepted the new payment, that verbal agreement was solidified as the month to month payment. If the landlord had said "you are $250 short" then obviously they would want the previously agreed to amount. We are only talking by payment, obviously it is common sense that other provisions such as pets, noise, etc were all carried forward. Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 Actually, my property management company merely enforces the lease that was supplied to them from my lawyer. I'm pretty sure she would know better how the law reads then anyone else in this thread. Like I said, and continue to say, it will depend how the lease reads. If it specifies terms for month to month FOLLOWING THE END OF THE LEASE it is still the valid contract. Anybody who thinks a verbal agreement would hold up over this....yeah. This will be my last post because I will continue to trust what a lawyer tells me, versus experience. You may be right or I could be right. Neither of us have seen the lease and could sit here and speculate all day about what's in it. Again, good luck. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 Actually, my property management company merely enforces the lease that was supplied to them from my lawyer. I'm pretty sure she would know better how the law reads then anyone else in this thread. Like I said, and continue to say, it will depend how the lease reads. If it specifies terms for month to month FOLLOWING THE END OF THE LEASE it is still the valid contract. Anybody who thinks a verbal agreement would hold up over this....yeah. This will be my last post because I will continue to trust what a lawyer tells me, versus experience. You may be right or I could be right. Neither of us have seen the lease and could sit here and speculate all day about what's in it. Again, good luck. ] As soon as the landlord accept the payment as full, the verbal contract is legally in effect. This is where 80 years of experience and thousands of court cases come into play. Quote Link to comment Share on other sites More sharing options...
Ramsey Posted January 21, 2011 Report Share Posted January 21, 2011 but seriously, does anyone get fucked more than landlords? Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 I find it hilarious that someone thinks that 2 men who have an combined 80 years experience and owned a combined 1,000 rental units including high end custom rental homes would not be experts in that field. LOL Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 I know I said it would be my last post, but wow....hard to not touch these. ] As soon as the landlord accept the payment as full, the verbal contract is legally in effect. This is where 80 years of experience and thousands of court cases come into play. Both my parents and myself have had many properties as well. Not 80 years worth, but definitely a combined 35+. In all those years, both of us using the same lawyer and management company, we have been to court combined around a couple dozen times. Now, you have had thousands of court cases??? Makes you wonder.... My people must be doing something right. I find it hilarious that someone thinks that 2 men who have an combined 80 years experience and owned a combined 1,000 rental units including high end custom rental homes would not be experts in that field. LOL I find it hilarious someone trying to replace a lawyers experience, and I can probably safely say 100's of years of firm combined experience, with 2 men's expert in the field status. Just because that is how your property management company does it, doesn't meant that is how the law works. It is just what works best for them. Well, seeing as how I am referencing my attorney who is the actual expert in the law, I am going to go ahead and say this applies to you and your families experience too. Now I have tried saying that either of us could be right or wrong trying to end this, but you must be one of those people that needs the last word. I'm not trying to smear your advice or your families experience, that's great - it works for you. I get it. Now can we just agree to disagree and move on? Or should we keep remembering the internet is serious business and god forbid someone not have the same experience or advice as you. Will it help if I just say you are right I am wrong? Fine. You are THE realty/property management/law expert on CR. Better? :thumbup: I will say it again. OP, get REAL legal advice to avoid screwing yourself. My and LJ's experience is very different, obviously. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 I know I said it would be my last post, but wow....hard to not touch these. Both my parents and myself have had many properties as well. Not 80 years worth, but definitely a combined 35+. In all those years, both of us using the same lawyer and management company, we have been to court combined around a couple dozen times. Now, you have had thousands of court cases??? Makes you wonder.... My people must be doing something right. When you have over 1200 units from 1970 until 2004, if we went to court a total of 1,000 times, that is going to court on around 2% of units per year. Now, that is just an average, as they had over 1600 units in the 90's, but whatever. Nice try at a low jab I find it hilarious someone trying to replace a lawyers experience, and I can probably safely say 100's of years of firm combined experience, with 2 men's expert in the field status. Well, seeing as how I am referencing my attorney who is the actual expert in the law, I am going to go ahead and say this applies to you and your families experience too. I think it it hilarious that you are assuming that they did this all willy nilly with no lawyer input. Too bad they had a real estate lawyer on payroll, as well as using Dana & Parieser for collections issues. You think they just made this up? Now I have tried saying that either of us could be right or wrong trying to end this, but you must be one of those people that needs the last word. I'm not trying to smear your advice or your families experience, that's great - it works for you. I get it. Now can we just agree to disagree and move on? Or should we keep remembering the internet is serious business and god forbid someone not have the same experience or advice as you. Will it help if I just say you are right I am wrong? Fine. You are THE realty/property management/law expert on CR. Better? :thumbup: I can agree to disagree, but stop giving bad advice, that is what pisses me off. Quote Link to comment Share on other sites More sharing options...
KennyFKINPowerz Posted January 21, 2011 Report Share Posted January 21, 2011 I have never heard of a landlord hanging up on a tenant. That's real professional. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 ... Also, I will put $100 on that if you call your lawyer and ask him "if I verbally agree to accept $xxx as the full rent payment, is it true that as soon as I accept that payment and cash the check that the agreed upon amount is now legally recognized?" that he will respond with "yes" Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 I can agree to disagree, but stop giving bad advice, that is what pisses me off. Just because it is not your advice does not make it bad advice. I really don't care if you are pissed off. I mean really? It's the internet. I can just as easily say "no my info is right you are wrong don't give bad advice." But, I at least have the open mind of knowing different things can be correct. In my experiences I have been right, in your families experiences you have been right. I really don't see the need for you to argue and get pissed off (lol) just because someone has had a different experience. It really looks ridiculous. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 Just because it is not your advice does not make it bad advice. I really don't care if you are pissed off. I mean really? It's the internet. I can just as easily say "no my info is right you are wrong don't give bad advice." But, I at least have the open mind of knowing different things can be correct. In my experiences I have been right, in your families experiences you have been right. I really don't see the need for you to argue and get pissed off (lol) just because someone has had a different experience. It really looks ridiculous. You are saying that the landlord does not need to give 30 days notice to raise the rent. The law says she does. What looks ridiculous is you saying that your lawyer says something that is right in the ORC is not true. Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 ill just pay the 1200 and avoid her. I think it will be easier and she wont get upset about it. I might have a few choice words once i move out but it is what it is i guess... thanks all Quote Link to comment Share on other sites More sharing options...
FormulaMatt Posted January 21, 2011 Report Share Posted January 21, 2011 You are saying that the landlord does not need to give 30 days notice to raise the rent. The law says she does. What looks ridiculous is you saying that your lawyer says something that is right in the ORC is not true. Yeah OK. ill just pay the 1200 and avoid her. I think it will be easier and she wont get upset about it. I might have a few choice words once i move out but it is what it is i guess... thanks all Enjoy your new house! Quote Link to comment Share on other sites More sharing options...
LJ Posted January 21, 2011 Report Share Posted January 21, 2011 ill just pay the 1200 and avoid her. I think it will be easier and she wont get upset about it. I might have a few choice words once i move out but it is what it is i guess... thanks all She gave you 30 days, I mean there is really nothing you could do anyways. I would just cut your losses and get far away. Just remember, if she tries to keep your deposit, just get a detailed list of why. Also make sure you get your interest applied! Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 21, 2011 Author Report Share Posted January 21, 2011 She gave you 30 days, I mean there is really nothing you could do anyways. I would just cut your losses and get far away. Just remember, if she tries to keep your deposit, just get a detailed list of why. Also make sure you get your interest applied! for the record there was no 30day writin notice. She told us this over the phone and changed the story twice on thursday. rent is due by the 3rd. thats not 30days... could you pm me your lawyers phone number and ill call him and see what he says. Quote Link to comment Share on other sites More sharing options...
LJ Posted January 22, 2011 Report Share Posted January 22, 2011 for the record there was no 30day writin notice. She told us this over the phone and changed the story twice on thursday. rent is due by the 3rd. thats not 30days... could you pm me your lawyers phone number and ill call him and see what he says. I thought she said the march rent paid in march? Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted January 22, 2011 Author Report Share Posted January 22, 2011 she did say march which we had no issue with. She now is saying febuary too. Quote Link to comment Share on other sites More sharing options...
Xyster101 Posted January 23, 2011 Report Share Posted January 23, 2011 3 years ago I had a lease signed for $850 a month. Then I went 6 months with no lease. 1.5 years ago I signed a new lease for $900 a month and it ran out in October. We are now doing month to month at $900. How does the landlord loose money on me by not having me in a lease? Why should he charge me more for not having a lease? Good advice about the 30 day notice if he did want to raise the rent here. We are looking for a house, so for my fiance and I, this set up is perfect. I will give him 30 (probably 60) days notice before I leave. Quote Link to comment Share on other sites More sharing options...
nuttinfas Posted February 1, 2011 Author Report Share Posted February 1, 2011 just ao everyone knows. Talked to a lawyer and he said as soon as she accepted the 950 after the lease was up, anything in the lease was voided and it now goes to a month to month verbel and she must send a 30day notice. Oh, our invoices still said 950 this month too. Quote Link to comment Share on other sites More sharing options...
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