Landlord getting pushy about moving
 

A while ago I posted about having to move soon,

Now the Landlord is getting downright pushy about the whole thing.
Our lease isn't up till the beginning of March.... according to our landlord. However, I show that we didn't start moving into the house until the beginning of April...we made our first payment March 27th...

Correct me if I'm wrong, but wouldn't the lease end on April 1st? Or at the very earliest, on March 27th? We moved in over the month of March.

In any case, he's getting very pushy about us moving out by Jan 1st now. He wants to come over this weekend with a "move out" contract for me to sign, or else he withdraws his offer of $2500 to move out by Jan 1st.... because he "needs to know" or else he'll have to rent an apartment. IMO, his $2500 offer is a bit low. Hell, if I broke the lease, I'd have to pay the rental amount for every month early that I left... he should have to, as well.

Well, for that to happen, we'll need to find a place and take posession by the end of the November. It'll take an entire month to sort, pack, and move our stuff and my shop.

Thanks for boffing the holidays, arse'ole:rolleyes:

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.
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.

Geronimo is right.

http://www.wsba.org/media/publications/pamphlets/landlord-tenant.htm

Do you have a six-month or one-year lease which becomes month-to-month after that? If you have a signed lease for six months or one year, the landlord can make NO CHANGES during that time. In plain language, he can take a hike. He must abide by the law.

When the lease converts to month-to-month (in March or April), then the landlord can give you 20 days' notice to move out.

He must really want to move back. Just tell him if he does not make it worth your while you will be there until you get the eviction notice. You have every right to stay the full term of your lease. Tell him you have no intenion of moving during the holidays.

Landlord is trying to make his problem your problem.

Move before/during the Holidays? Disrupt your business/income?

Tell him to pound sand or get serious about making it worth your while.

Totally agree. If he wants to pay you extra to move by 1 Jan, then the figure better be enough to totally disrupt your schedule, or go by the lease.

You're holding the winning cards in this one, Wolfe.

I'd still hear him out, but you are the one with the final say as to when you move.

Good luck, bud.

Do you have a copy of the lease?

Perfectly stated.

When you find the next place, it may well not be available for move-in exactly when your current lease ends. Sounds like you have the flexibility to move any time over the next 5 months, since the current landlord wants you out as soon as possible. And, if you play your cards right, you'll get a "moving incentive" from him. I'd take advantage of the situation. You should find a new place now, holidays be damned.

tenants always have the upper hand in this town.

QUOTE=Steve Carlton;5663738]Do you have a copy of the lease?[/QUOTE]

Yep, sure do. It states that the lease commences on 3/27 and ends on 3/26.




Yeah, you could say it has disrupted my schedule. This time of year I get pretty busy doing preperations for the trade show season, making parts for intruments that are going to be displayed at the NAMM show, and Christmas stuff that peopel buy. It doesn't let up till about a week before NAMM, in the middle of Jan.



His $2500 offer was his "incentive" Unfortunately, I can loose far more than that in a day or two's work if we're exceptionally busy, and it would nowhere near cover moving costs. We've been lookign for places since the beginning of October... so far, we've found one that would suit our needs... but we can't get a call back from the owner to set up a viewing time! :mad:
(Make that two places - one had a 30x60 foot shop, but the house was a total POS, and it woulnd't be ready for move in for quite a while)

This brings back memories. I had a 6 month lease on a home in NV in '94. The owners were not expected to want to come back to NV. But they did. I had to move on Christmas Day 1994 to be out in time.

Tell him to play nice, or you will stay until the Sherriff shows up. If you know the game, that will be a couple months after 3/26, as he cannot start eviction proceedings until after that. You have every right to stay until 3/26. After that (or one month before), he can give you a 20-day notice to vacate. Only after that 20 days are up can he start the eviction process. Keep paying rent, of course, or he can instantly give you a 3-day notice to pay or vacate.

Or he can up the incentive until you agree to move early.

You could spend a couple bucks with a good Landlord/Tenant attorney to both explain your rights, and rattle his cage until he behaves.

Are you within Seattle city limits? Seattle has their own Landlord/Tenant laws, that are more restrictive than Washington State law.

-Missed you at the last Autocross!

The other tack is to ask him to sweeten the deal. $2500 is all well and good, but that really only amounts to a deposit on a half-way decent place. If he really wants you to move, he needs to pay the $2500, all fees to a moving company to move your belongings, first and last month's rent, plus something for the "inconvenience". He's offered his opening offer, give him yours, otherwise it appears you'll be out of the home on or about 27 Mar 11.

I noticed you were in the Seattle area. If you are still in need of a new place I might be able to help you out. I work for a Property Management company in the Seattle area and we have several open properties. Also we are very nice landlords. Sometimes individual owners will be desperate to remove tenants because they have a sale pending the move out but who knows. If you are still in need pm me and i can email you some listings. Hope it works out.

I may have missed something, but from what you've said it seems like he just wants an answer as to whether you are going to move out or not.

It also sounds to me like your answer is you don't want $2500 to move out early. So let him know that is your decision so he has a chance to find a place to live from Jan 1 to March 27th.

Any chance you could continue to rent the workspace, while he resides in the house? That way you only have to move the house before Jan 1, and disruptions to the business can be kept at a minimum.

The only problem I can see with staying at the place, is that an upset landlord could try and "make it up" on the backend with your security deposit. I had a landlord try to stiff me on the security deposit a couple years ago. That still gets my blood boiling when I think about that guy.

Good idea, I'll start looking up LL/Tenant attys now.
We're in Edmonds.
Didn't realise AutoX was on Halloween!

Unfortunately, no. He wants to use the shop for his own needs, add another door, etc....

He's already been informed that our moving out by Jan 1st would be entirely dependent on our finding a suitable place before then. If we can't, then there's no way we can move....

Seattle is bound to have a tenants help group- maybe thru the City govt.; JWW sounds like he knows...

be sure everything is in writing (Email works); review your lease, and help your LL out if you can w/o harming yourself

Seattle is bound to have a tenants help group- maybe thru the City govt.; JWW sounds like he knows...

be sure everything is in writing (Email works); review your lease to be certain you have no violations, and help your LL out if you can w/o harming yourself

when you move out, have a friend video tape the entire place to ensure you your deposit back - request a walk thru with the LL and video that; be sure he knows you are documenting any holdbacks

this is an intrinsically difficult relationship & I've been on all 3 sides of it many times (3rd side is Mgr.)

No.

angela

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.

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

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...

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.

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

Videotape your possessions.
Store elsewhere.

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

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.SmileWavy

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

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

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.

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

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.

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.