Landlord getting pushy about moving - Page 2

RWebb · RWebb's Garage

if the term of the lease is not a date stated, then it usually runs xx months starting from when signed or when paid

BTW - this IS a residential lease, right??

WolfeMacleod · 11-09-2010, 01:51 PM

Quote:

Originally Posted by RWebb

if the term of the lease is not a date stated, then it usually runs xx months starting from when signed or when paid

BTW - this IS a residential lease, right??

Yes, residential.
Lease is for one year. I moved in last year....paid and took possesion of the house March 27th.... and renewed at the end of march this year.

RWebb · RWebb's Garage

ok, flip side is what happens if he breaks your contract - let's say he sneaks over and locks you out some day

bell · bell's Garage

it would be a good idea to speak to a landlord/tenant lawyer.....i had to do just that about 7 months ago (long story i can't post on a public forum) and it only cost me $125 and the problem was solved......they will be able to tell you (and the landlord) exactly how this should happen and what lines can't be crossed.

fyi if he comes over and changes the locks without your consent he will go to jail....real strict enforceable laws in this area...

Dantilla · 11-09-2010, 06:31 PM

Quote:

Originally Posted by RWebb

ok, flip side is what happens if he breaks your contract - let's say he sneaks over and locks you out some day

In Washington? That would be the best thing for Wolfe! Highly illegal, and a good LL/T attorney could get Wolfe either a big lump of cash settlement, or rights to stay for a few more years.

The change the lock, "I need to remove the front door for repairs", "Sorry about no more hot water" type landlord shenanigans are the fastest way for a landlord to totally screw themselves.

WolfeMacleod · 11-10-2010, 11:57 AM

Quote:

Originally Posted by Dantilla

In Washington? That would be the best thing for Wolfe! Highly illegal, and a good LL/T attorney could get Wolfe either a big lump of cash settlement, or rights to stay for a few more years.

The change the lock, "I need to remove the front door for repairs", "Sorry about no more hot water" type landlord shenanigans are the fastest way for a landlord to totally screw themselves.

Yep, would be awesome. can't wait to see what his response will be when I tell him I'm not going to sign, and then rail on him about the effect it'll have on us if I do.

stomachmonkey · 11-10-2010, 12:42 PM

I would simply tell him "your attitude is not correctly aligned with my priorities"

john70t · 11-10-2010, 12:59 PM

Videotape your possessions.
Store elsewhere.

Joeaksa · 11-10-2010, 02:55 PM

Be nice with him but tell him that you have a contract that allows you to stay here until March of next year. If he wants you to move, make it worth $$$ it for me to move out early, otherwise I am staying.

Joe

drcoastline · 11-11-2010, 04:25 AM

Wolfe- Some good advice given so i won't reiterate. One other thing to look for. If you have a standard lease it probably has a "right to quiet enjoyment" clause.

Send a registered letter to your landlord along with a copy of the lease and caption that clause.

State if he continues to harass you you will file a complaint. Damages under that clause often are very steep. Even if you don't have the clause no problem I am sure it is law in Wash. like most every where else. It just helps to be able to reference the clause. It makes it look like you know the game.

One other thing. Check your state laws. In NJ where I live we must deposit a tenants security in an interest baring account for the tenant and send notice of the bank in which the deposit is held and statements to the tenant regularly. If we do not do that with in 14 days (time frame may be off) the tenant has the right to use the deposit as rent. What this means is you could legally stop paying rent until the security is used up.

Good luck.

Dantilla · 11-11-2010, 09:42 AM

Quote:

Originally Posted by drcoastline

One other thing. Check your state laws. In NJ where I live we must deposit a tenants security in an interest baring account for the tenant and send notice of the bank in which the deposit is held and statements to the tenant regularly. If we do not do that with in 14 days (time frame may be off) the tenant has the right to use the deposit as rent. What this means is you could legally stop paying rent until the security is used up.

Not so in Washington State. The LL must notify where the deposit is, but that is all.
Any interest earned belongs to the landlord.

drcoastline · 11-11-2010, 05:26 PM

Dantilla- My point was not so much the interest that would be collected but the penalty for;

#1 not depositing the security at all.

or

#2. Penalty for late deposit and/or failure to notify.

Do you know the consequences? could this be of help to Wolfe?

DR

Dantilla · 11-11-2010, 05:37 PM

All I remember off the top of my head is that the LL is required to notify the tenant where the deposit is held. Must be in writing.

Upon move-out, the LL has 14 days to either return the deposit, or itemize what portion is not being returned. The only remedy in case of the LL not returning the deposit in a timely fashion is the tenant may be rewarded no more than twice the deposit amount.

Wolfe's best action is to inform the LL that this is a very inconvenient time of year to move, and he will move only if/when:

-He finds a suitable place, and
-Landlord makes to financially worthwhile. $2500 ain't gonna cut it.

Normy · 11:33 PM

Quote:

Originally Posted by Geronimo '74

If he has no legal grounds to throw you out, you can stay up until the end of the lease. Whether he likes it or not, that is his problem, not yours. I will add that I'm not an attorney licensed in your state.
Don't let him push you around.
You can leave whenever you like anytime before the lease ends, but I guess he can't make you.

I own two apartment complexes with 33 units. Also 4 houses, and 2 condos. What Geronimo says is correct. You have a CONTRACT with him. He HAS to provide you with an apartment until the end of the contract, and you have to provide him with remuneration as specified. You aren't required to sign any side agreements or letters of agreement. If you haven't signed anything, then you aren't bound to anything. Bear it in mind that I am not an attorney licensed in your state.

NO, he cannot "lock you out one day". In fact, if your toilet plugs and he fails to fix the problem you can kick his ass in court! The laws about removing tenants vary by state of course, but in Florida it is a huge issue with lawyers and paperwork, et cetera. If he tries crap like not maintaining your unit you'll eat him for breakfast in court! That's a DUMB mistake!

DUDE- don't let this clown push you around! GET a lawyer! This landlord is young and stupid in my opinion, he doesn't know his rear from a hole in the ground. Your troubles with this person will end the first time he receives a letter from your attorney.

N

Geronimo '74 · 03:32 AM

Quote:

" I will add that I'm not an attorney licensed in your state..."

I do not know how this sentence got in the quote Normy used. I never said this in my original answer to the OP.
FYI, I am not a licensed laywer anywhere. I do however have people renting an appartment from me. My answer was based on the little legal knowledge I have and on common sense.
That's all.

drcoastline · 11-12-2010, 03:23 AM

Yeah- let me add I'm not an attorney either. But I have kicked a few of their arses in court.

Normy gives good advice. The only thing I would say is you have no reason to "lawyer up" at this point and waste your money. The biggest mistake both sides make is to ignore the provisions of the lease and to start verbally negotiating. That's how you get into a he said she said dispute which the courts hate. It's happening already. He has offered you $2,500.00 to move out early. Did he present that in writing?

Communicate with this guy in writing period (preferably registered mail return receipt). You do not need to waste your money on an attorney to DOCUMENT. Guaranteed this guy will back off once he starts getting registered letters from you documenting the incidents where he stops by with out proper notice, outlining offers and or threats made, etc.

If push comes to shove and this is going to go to court then hire an attorney and hand them all of your documentation. Again you won't need to hire an attorney to go to court but unless you have good public speaking skills, won't be nervous by the venue and can present your case thoroughly and rebut the other side effectively it may be needed. Documentation wins in court. Read your lease and understand it. When ever something occurs refer to that paragraph and send a registered letter referencing the paragraph.

Oh and never, ever, ever pay your rent in cash with out getting a dated and signed (by the landlord) receipt.

Document, Document, Document.