Aces High Bulletin Board
General Forums => The O' Club => Topic started by: smoe on February 25, 2012, 09:54:47 PM
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Hey guys,
I have a problem with a landlord. I have been nothing but an ideal tenant. I have been getting along with my landlord who lives next door. I signed a 10-month lease which includes, in writing, that I enter a month-to-month lease after the 10-month period ends. 5-months into the month-to-month lease (almost two weeks ago) the guy comes over with a new lease in hand.
Day #1
The landlord knocks on my door, I answer and the SOB starts walking around me to go into the inside door. He is carrying a folder with a new lease contract. I say “hold on what is that?” He says “it’s your new lease contract.” I had to tell him many times that "I absolutely refuse to sign any new lease and that if he wants me out he only has to send me a certified letter ordering me to vacate the premises within 30-60 days, depending on the date of the notice." The conversation did get a little heated, but nothing to the point of screaming. The guy starts to walk away, turns his head, and gives me a Clint Eastwood style "I'll give you 2-days to think about it." He then proceeds to walk out the door.
Day #5
The landlord comes back over and knocks on the door/windows and rings the door bell. He knows I'm home, but I don't answer. About 20 mins later the guy's daughter who lives across the street calls me up and leaves a voice mail asking if I could look at a wiring issue in her home. I don't call her back because I know it is a trap.
Day #6
I head out the store and come back. The landlord is in his late 70's and has a perfect view of my driveway from his lazy boy chair. About 2 mins after arriving home I get a call from my landlord and let it go to voice mail "hey are you ok, I am wondering if you are dead or sick, I'm getting worried over here, etc…..."
Day #7
The landlord starts knocking on the door and ringing the door bell for 1-2 minutes. He goes back home and 20 mins later calls me up and leaves a voice message "are you ok, I’m worried about you, I don't know if you are sick or dead or what, etc….." About 20 mins later the landlord is knocking on my door/ringing the door bell. I then see him walking around the house and looking into my windows. He then enters the entrance between my garage and house. He used his keys to unlock my breezeway door. I then dialed 911. The landlord leaves and goes into his house. Two patrol cars show up and I talk to them and let them know what is going on. About the same time the landlord calls the police and the dispatcher tells him two cars are already next door. The landlord walks over, with his wife, and goes on and on "are you ok, blah, blah, blah." I tell him I am fine at least 3 times. The conversation pauses and I start walking into my home. I say to my landlord "please use the US Postal Service for any further contact." The landlord follows me to the door all upset, which is really starting to worry me. The police officer says a word like “he is ok” and the landlord stops. The police officers then talk to the landlord for a bit and the landlord goes back home and the police leave the scene.
The landlord leaves another voice message about 2-3 hours later, “hey so and so, I just want to talk with you, I want you sign an extended lease so I can go to Florida and not have to worry about coming back home in case you leave.”
Day #8
The landlord leaves me a voice message “uh so and so, I just want to talk to you, I wanted to negotiate an extended lease, can you call me back?”
Day #9
The landlord leaves me a voice message “uh so and so, please call me back by 1:00pm the next day should you decide if you want to stay so we can sign a new lease contract.”
Day #12
I get two certified letters in the mail letting me know that I am to vacate the premises by end of the following month. I gladly sign the letters and accept them from the mail man. 5-mins later I get a call from a caller ID that I number I have never seen before. No voice messages were left.
About 1-2 hours later I hear my security system go off. The motion sensor in the breezeway entrance between my garage and house was tripped. I peak around the corner and the sob is in inside the locked breezeway entrance. He does have a key, but did not knock or ring the door bell. He leaves a 3rd letter taped to the outside of the door entering my home. The letter is the same letter received earlier that day. I then called the local police station and two patrol cars showed up. I told them my landlord entered my breezeway entrance using a key, but did not knock. I didn’t have the TV on or the radio, so I would have heard had he knocked.
The two police officers then go next door and talk to my landlord. The police come back and tell me the landlord claimed he had knocked first. The police also pass on information to me that come Monday morning window installers will arrive at my home to install new windows in the basement.
And the kicker is, just as I was writing this my landlord calls me up at 10:00 pm and leaves a voice message telling me to expect the window installers Monday morning.
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I can tell you this. As long as you still have a contract, he CAN NOT go inside your place with your notice. The best that you can do is call the state real estate commission and asked them what the state and federal laws that this guys may be doing wrong. They should have somebody who can assist you on your situation.
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I can tell you this. As long as you still have a contract, he CAN NOT go inside your place with your notice. The best that you can do is call the state real estate commission and asked them what the state and federal laws that this guys may be doing wrong. They should have somebody who can assist you on your situation.
Thanks, my home is in Ohio.
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I used to manage a craphole apt for a slumlord, and a landlord cannot enter your residence without 48 hour notice. If they do its a criminal trespass. as a cop told me you are paying money for your apt and its kinda your property. at least you got a notice, we got 48 hrs notice to vacate. laws maybe different there I am in vermont. Here are a couple links should get you some answers. goodluck :salute
http://www.ohiolandlordtenant.com/
http://ohiorentersrights.com/
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Get an attorney fast & go from there.
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The Game Is A Great Value, Sure, It Has It's Flaws, But Overall, It's Usually A Lot Of Fun. The Forums Can Get A Bit Sketchy Sometimes Though.
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I used to manage a craphole apt for a slumlord, and a landlord cannot enter your residence without 48 hour notice. If they do its a criminal trespass. as a cop told me you are paying money for your apt and its kinda your property. at least you got a notice, we got 48 hrs notice to vacate. laws maybe different there I am in vermont. Here are a couple links should get you some answers. goodluck :salute
http://www.ohiolandlordtenant.com/
http://ohiorentersrights.com/
Your right. Every state has their own set of laws and follow by the same federal law. Thanks for posting the sites for him.
Thanks, my home is in Ohio.
Where in Ohio?
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What does the dispute resolution clause state? Mediation, binding arbitration, most likely court? Most leases have a set term with a set month-to-month adjustment, with either party able to terminate in writing with certain notice and penalty. If your lease does not have this within you will most likely need an attorney to invoke precedence via correspondence or filing for enforcement. Most states will not place adjudications in statutes but leave that for judges discretion.
Just my two cents.
Boo
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I don't understand what the problem is, I'm not saying there isn't one I just don't get it. The landlord finally gave you notice because you didn't want to sign a longer term lease. I thought that was what you wanted. It sounds like some kind of poor communication, maybe he's getting a little dotty. This is all going to be behind you in a month so try not to let it get to you.
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Get a restraining order.
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It sounds to me like this late 70s man(landlord) is simply looking out after his investments.. He really didnt do anything wrong, he try to contact you many times to talk like civil folks but you are too much of a larry.. Title for your post should be " bad tenant " bet you the type o folk who takes their neihbor to court for eyeballing your lawn... Sad.
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The Game Is A Great Value, Sure, It Has It's Flaws, But Overall, It's Usually A Lot Of Fun. The Forums Can Get A Bit Sketchy Sometimes Though.
\
Sorry, don't know how I ended up in here.
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Hes looking to maintain his home, and also wants to make sure that your taken care of so that he can go to Florida?
Quote "The landlord leaves another voice message about 2-3 hours later, “hey so and so, I just want to talk with you, I want you sign an extended lease so I can go to Florida and not have to worry about coming back home in case you leave.”
Not sure what the problem is. Honestly, your comming across as the problem, not the landlord.
The fact that it got escalated to the point that Law Enforcement was called is rediculous, those guys have better things to do then mediate something that could be discussed like adults over a cup of coffee.
Day #12 and on would have never have happened if you would have just discussed things with him, and looked at things from his point of view as well as yours.
I come from the point of view of having been a tenant in the past, and also currently own 2 rental properties. Ill usually invite my new tenant to dinner after he / she / they are all moved in, it helps to get to know the person, as well as gives the person a chance to get to know us. Heck, i still get Christmas cards from 2 or 3 of my last tenants, and would go out of my way to help them should they need it.
All that said, I dont agree with him coming in or skulking around ur house without your permission........I hope it all works out for you
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Hes looking to maintain his home, and also wants to make sure that your taken care of so that he can go to Florida?
Quote "The landlord leaves another voice message about 2-3 hours later, “hey so and so, I just want to talk with you, I want you sign an extended lease so I can go to Florida and not have to worry about coming back home in case you leave.”
Not sure what the problem is. Honestly, your comming across as the problem, not the landlord.
The fact that it got escalated to the point that Law Enforcement was called is rediculous, those guys have better things to do then mediate something that could be discussed like adults over a cup of coffee.
Day #12 and on would have never have happened if you would have just discussed things with him, and looked at things from his point of view as well as yours.
I come from the point of view of having been a tenant in the past, and also currently own 2 rental properties. Ill usually invite my new tenant to dinner after he / she / they are all moved in, it helps to get to know the person, as well as gives the person a chance to get to know us. Heck, i still get Christmas cards from 2 or 3 of my last tenants, and would go out of my way to help them should they need it.
All that said, I dont agree with him coming in or skulking around ur house without your permission........I hope it all works out for you
This
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You can bet the window installers are going to bust out the old windows and claim they can't fix them, or fiddle with them for hours or even days, in an attempt to make the place unlivable.
I suggest going for a restraining order immediately, before the window guys get there. The 48 hr notice is for access to the property, not notice that they're going to do major renovation work. The old lease may have restrictions on renovations/repairs during occupancy.
In any case, find a cheap lawyer to get you a restraining order against the owner and his agents, for the remaining duration of the lease. And then get out of the apartment by the vacate date. Call 2 or 3 lawyers to get their price for a restraining order and to find out how fast they can do it since the window guys are supposed to show up soon.
As for what to do if the window guys show up, call the cops and give them "access" (let them in the door with the cops there) but do not let them perform any work. That isn't access, that is performing renovations.
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Oh yea... If you have a gun and someone you don't recognize is in the apartment and you feel threatened (the guy is bigger than you, has anything in his hand that could be used as a weapon, takes a step towards you), feel free to shoot to kill. You may want to check the state laws in your place but even in Calif, if the guy is in your house walking towards you he's fair game.
If it's the landlord coming at you in the house, you'll probably need more justification to shoot though since you know him and a jury might feel that you have no reason to feel truly threatened by a landlord you know, even if that landlord is guilty of a home invasion.
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smoe...I won't dispense legal advice on the internet, but I will offer up a few thoughts for you....
1) you're entitled to what is called "quiet enjoyment of your premises". he cannot continually harass you.
2) there's no way anyone here is qualified to offer you sound advice, without reading your original lease, and any subsequent written agreements. depending upon how the original 10 month lease was drafted, he may have every right to inspect your property, although typically he should provide you with at least a 24 hour notice...and that cannot be excessive.
3) you should contact and retain an attorney...to help you mitigate your damages.. if any..in getting you out and away from this very tenuous situation.
typically....tenants have the protections of law on their sides...but the real power still belongs to the landlord. they can find ways of making your life miserable...if full accordance with the law.
you were fine with a month to month. consider it notice and move on.
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FYI -
I am not saying my landlord is bad or that the house is horrible. I have been renting for 20 years with at least 10 landlords in that time. This landlord wants me to stay, but I believe his wife is making him do her dirty work. The problem is they are way too neighborly and seem to know way too much, if you know what I mean. I will admit that I do everything to avoid talking them, for example, the landlord tried to get me to sign up for a magazine subscription which is anti-government/anti-freemason. He definitely has a problem with freemasons.
The landlord is also pretty lazy and is not a fixit type of guy. When I moved in the toilet leaked about 2 gallons of water/hour. I tried for two months to have him fix. I finally fixed it myself and spent 4 afternoons. It turned out to be an easy fix, but took a long time because I never worked on this type of toilet before. The toilet is 60 years old.
Another example is the septic system. The septic system warning lights and audible alarm were tripping daily when I moved in. I told the landlord about this and he said the outlet to the septic probably needs snaked (cleaned out). As far as I know the he never took any action to clear the blockage. I have never lived in a house with a septic sewer system out back and this is my first time. Every place before has always had city sewer drainage systems and not the backyard septic thing. As a matter of fact the landlord showed me where the septic sewer system drains into. I have a steep wooded hill behind my house about 40-50 feet deep with a city storm drain at the bottom. A 4” (100mm) flexible drain pipe is running about halfway down the hill. All (or most of) the waste water from my house drains down this pipe.
Another kicker about the septic system happened about 6 months ago. The control box warning lights were all lit up one day. I take a closer look and one of the push-in circuit breakers was tripped, probably a short to ground. I reset the circuit breaker and each time it trips again after 1-2 seconds. I let the landlord know what’s going on. All the landlord did was to disconnect the septic system’s electrical power. The septic system has been de-energized for about 6 months now. The system has grinder pump that pumps the waste water into septic, but because of no power I can only guess the waste water is dumping directly into the city storm drain somewhere.
PS. Thanks ZetaNine, that's exactly what I was thinking of myself. I have a lot of things going on right now (family, work, possible career change, and now this landlord). I would be happy to sign a 6 month lease, but this house is very damp in the summer and no air conditioning to help reduce the humidity. All throughout 2011 about a liter of water leaked into the basement daily. This house does have its share of white and black mold growth. I have never had darker circles under my eyes in my life.
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Hes looking to maintain his home, and also wants to make sure that your taken care of so that he can go to Florida?
Quote "The landlord leaves another voice message about 2-3 hours later, “hey so and so, I just want to talk with you, I want you sign an extended lease so I can go to Florida and not have to worry about coming back home in case you leave.”
Not sure what the problem is. Honestly, your comming across as the problem, not the landlord.
The fact that it got escalated to the point that Law Enforcement was called is rediculous, those guys have better things to do then mediate something that could be discussed like adults over a cup of coffee.
Day #12 and on would have never have happened if you would have just discussed things with him, and looked at things from his point of view as well as yours.
I come from the point of view of having been a tenant in the past, and also currently own 2 rental properties. Ill usually invite my new tenant to dinner after he / she / they are all moved in, it helps to get to know the person, as well as gives the person a chance to get to know us. Heck, i still get Christmas cards from 2 or 3 of my last tenants, and would go out of my way to help them should they need it.
All that said, I dont agree with him coming in or skulking around ur house without your permission........I hope it all works out for you
This post was almost what I was going to type. Bailey saved me some work. Also, maybe he wanted to discuss your vacating the premises, however you ignored him. On top of it, involved LEO's.
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There are mistakes on both sides of this issue. At this point, actually pretty darn early on, it became a situation where you really need to find another place. It's obvious that you went to tactical nuke on him prematurely in the lease situation. Now you have your order to vacate which is what you wanted. So vacate the premises and put it behind you. From your description it sound like you and the landlord didn't along to begin with and the place is no basket of roses either.
You might want to let the country health department know about the mold issues the day you leave. Other than that, pack your stuff up and get out. Send a letter to the landlord advising him to cease and desist on any modifications to the house that are not necessary to habitation until you leave at the end of the lease time period. This situation is already poisoned beyond salvaging in regards to maintaining an active lease between the two of you.
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You can bet the window installers are going to bust out the old windows and claim they can't fix them, or fiddle with them for hours or even days, in an attempt to make the place unlivable.
I suggest going for a restraining order immediately, before the window guys get there. The 48 hr notice is for access to the property, not notice that they're going to do major renovation work. The old lease may have restrictions on renovations/repairs during occupancy.
In any case, find a cheap lawyer to get you a restraining order against the owner and his agents, for the remaining duration of the lease. And then get out of the apartment by the vacate date. Call 2 or 3 lawyers to get their price for a restraining order and to find out how fast they can do it since the window guys are supposed to show up soon.
As for what to do if the window guys show up, call the cops and give them "access" (let them in the door with the cops there) but do not let them perform any work. That isn't access, that is performing renovations.
Yes, that is good advice thanks!
I just left my landlord a message to hold off doing any work do to the recent past. He got the quote for the windows more than 5 months ago and decided now to have them installed.
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a 10 month lease, and in 5 months hes harrasing you to get out when you've been nothing but good? Get a lawyer as been suggested.
Also, as also been stated if he enters premesis without first notifying you within a certain time period it is a criminal offense. I know in MA the landlord can enter whenever they please unless the lease agreement has stated otherwise, I dpn't know about Ohio, but check that. If the lease says anything about him notifying you first within a certain time period before entering and you can provide proof of this, it is a violation of the lease on his part.
Did you get the officers names that came when you called? They may be able to vouch about suspicious activity on the landlord the first time they came when he followed you inside after you just told him you were ok.
Yes, that is good advice thanks!
I just left my landlord a message to hold off doing any work do to the recent past. He got the quote for the windows more than 5 months ago and decided now to have them installed.
also very odd. this landlord is a strange dude I would get away from ASAP......
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a 10 month lease, and in 5 months hes harrasing you to get out when you've been nothing but good? Get a lawyer as been suggested.
Wait, thats not what he said. His 10 month lease expired and he has 5 months of month to month tenancy. The landlord wanted him to stay but the tenant doesn't want to sign another lease. On paper I can't see what the problem is, I am guessing that something is not coming across in this description, I'm guessing that the landlord is a boundary crosser and the tenant feels harassed. The stuff about the Masons suggests maybe the landlord is a bit of a fruitloop. From the basic description of the situation I don't get the calling the cops so I'm guessing more is going on that is hard to describe. Anyway like I said its gonna be behind you real soon so look forward not back. Good luck and don't bother with all this lawyer crap, who needs that kind of pissing match, its not worth it.
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Dude just talk to the guy...!!! This seem really dumb.
Listen to his plan agree or not. Why ignore him when he knows you're home? That's really immature and childish.
Then you people talking getting guns and attorneys wtf...
You're ignoring your neighbor/landlord and he probably thought maybe friends.
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according to my understanding of NJ law and from being in the kind of business that gets called upon to do repairs on homes and rentals. I have several and have had quite a few customers over the years who are landlords. But Your state may vary.
The landlord can go on the property anytime he likes. He or repairmen authorized by him may not however enter the dwelling itself without 24 hours notice except for emergency repairs. In which case he doesnt need to give any notice whatsoever. Breezeways, Indoor hallways or stairways outside of your apt he or repairmen who are authorized by him can enter at any time. Locked or not.
If he has given you the proper notice. You do not have the choice of telling him not to enter, or not to have said work done. In fact. Not only cant you. But it would be illegal for him to not have certain work done as one of my customers recently found out.(though I did try to tell her)
On month to month leases. He may terminate your lease during any given month. In which case you do not have the right to lounge there for 30-90 days. Though it may take him that long to get you out if he goes the legal route. Thats one of the the tradeoffs to going month to month. You sacrifice the security of knowing where you are going o live next month. For the freedom to move out whenever you like.
He also has the right to insist on a longer term lease once you have entered a month to month. Month to month is not intended to be indefinate.
I agree with mbailey
Either sign the long term lease. or move out.
To the idiot that suggested arming yourself and shooting.
Bad advise.
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Yes, that is good advice thanks!
I just left my landlord a message to hold off doing any work do to the recent past. He got the quote for the windows more than 5 months ago and decided now to have them installed.
Provided he has given you notice. You dont have the right to tell him to hold off on doing any type of repair work. If he does so it is purely at his own discretion and as a courtesy to you.
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Wait, thats not what he said. His 10 month lease expired and he has 5 months of month to month tenancy. The landlord wanted him to stay but the tenant doesn't want to sign another lease. On paper I can't see what the problem is, I am guessing that something is not coming across in this description, I'm guessing that the landlord is a boundary crosser and the tenant feels harassed. The stuff about the Masons suggests maybe the landlord is a bit of a fruitloop. From the basic description of the situation I don't get the calling the cops so I'm guessing more is going on that is hard to describe. Anyway like I said its gonna be behind you real soon so look forward not back. Good luck and don't bother with all this lawyer crap, who needs that kind of pissing match, its not worth it.
I believe it may be wifey issue. Last time I paid rent, the wife answered the door and invited me in and I said thanks, I'm good, and by. It's hard to escape that place when inside. The landlord also has told me of another tenant that is willing to sign a 2-year lease for more money. I am starting to think I may have been too good of a tenant. I'll have to start being less good in the future. :t
Here is the other scenario, my landlord has a daughter and son-in-law living directly across the street, just like the show "Everyone Loves Raymond." There are also two grandkids in college and they appear to be living in both houses (both parents and grandparents). What I suspect is the entire family wants the landlord (J. Ab***am of zip code 44022) to go vacation down in South Florida for as long as possible. Can you guess why? Unfortunately, with me being on a month-to-month lease I only need to give a 30-day notice before I vacate. I suspect my landlord may not be interested in going to Florida anyway and doesn't want to tick-off the wifey. Last year, while I was in the 10-month lease the landlord's wife went to Florida twice and the landlord stayed home the entire time.
Also, it actually started just under 2 weeks ago.
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As both a landlord and a renter. I can see both sides here. My wife and I own two properties which we rent out and we rent a house from my wife's sister. Of course we have no trouble with our landlord but we have had problems with some tenants. Even though quite frankly we are very considerate landlords.
I really think you need to step back here, before it escalates. Even the normally sensible Eagl is suggested you would be within your rights to shoot the landlord if he crosses the line again. Now that's crazy. Sure he was out of line to try and get into the house but killing him won't solve your problem. :huh
I don't think you've made it clear yet. Do you want to stay or go? If you want to go, then go. If you want to stay you need to sit down and talk the landlord perhaps with a mediator. I don't know what it's like in your State but in this country there is a tenants organisation and a government agency we can approach.
There definitely needs to be a bit of cooling off on this one. Organise a meet at a neutral venue with your mediator. Find out exactly what he wants and tell him what you want. See how it goes from there.
You really need to take the heat out of this.
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Poor communication by both parties. Cops getting called x2 is absurd.
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As a landlord, I understand yours and his issues. My house is a 10 min drive away and I occasionally call and ask to stop by just to say hi. The tenant always accepts.
I'm not 70 years old, but the tenants and I have become friends in the last 11 months. This summer we will prolly do some cook outs together. It sounds to me like he want to befriend you and secure his property. What he did was wrong, but you pulled the dick card first.
If the window team shows up, you should let them in, but to the basement only.
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Cops getting called is definitely absurd.
He should have just been up front and explained the whole florida thing to you at the beginning of this mess.
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"Day #12
I get two certified letters in the mail letting me know that I am to vacate the premises by end of the following month."
The final line was already crossed as far as this lease is concerned. Given the comments about the property and how he feels about the land lord it seems kind of silly to be doing anything other than finding a new place that would suit the OP better.
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As a landlord, I understand yours and his issues. My house is a 10 min drive away and I occasionally call and ask to stop by just to say hi. The tenant always accepts.
I'm not 70 years old, but the tenants and I have become friends in the last 11 months. This summer we will prolly do some cook outs together. It sounds to me like he want to befriend you and secure his property. What he did was wrong, but you pulled the dick card first.
If the window team shows up, you should let them in, but to the basement only.
Also, suggest that they double-check their measurements before removing any old windows and that they only remove 1 window at a time and replace it with the new before going on to the next one.
If the installers are on the up and up, they should have no problem with this request.
In the meantime, start looking for a new place.
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I really doubt the window installers are going to take out or smash windows and leave it open to haras the renter. That sounds stupid.
Communication on both sides could have been better.(already said)
Mold, mold can be dangerous to your health. There are may different types of mold, but certain types of mold can cause respitory problems. I think I would leave just based on the mold.
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It sounds to me like this late 70s man(landlord) is simply looking out after his investments.. He really didnt do anything wrong, he try to contact you many times to talk like civil folks but you are too much of a larry.. Title for your post should be " bad tenant " bet you the type o folk who takes their neihbor to court for eyeballing your lawn... Sad.
You have no clue what you are saying. Here is why:
Day 1, the landlord without permission enters past the front door. This sets a bad precedence and it's unprofessional. Tenant potentially feels threatened.
Day 7, tenant properly notifies landlord all further communication should be in writing, via USPS. This is proper notification and sets a respectable boundry and lawful. Tenant should write to landlord explaining for the record why the request via certified mail in case there is a dispute in court.
Further, landlord tresspasses onto the property at day 11 or 12. This breaches tenants right to enjoyment of property and written communication requested by tenant. Charges could have been brought or a restraining order requested.
Some of you are saying that smoe is acting improperly. Whether that is true or not is irrelavant. Landlord was trying to bully the tenant into a new contract to get out of an existing one. If his approach was a phone call 1st asking to come over and speak to the tenant; once inside via permission, then politely attempt to renegotiate a new contract for legitimate personal reasons, smoe might have been more receptive.
Smoe owes the landlord no extra consideration, despite his methods of dealing with the issue at hand. It would have helped if the landlord called an apologize for his initial actions.
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I have been living in the same apartment without a lease for 3 years. everytime the resident manager brings it up i tell her i cant sign one because i am looking for a house and I may move before the lease expires. 1 year leases are "required" at my complex but there's also the month to month option when it expires. the manager just looks at me and smiles and says ok, I'll check with you in a couple of months.
we both know that I am not looking for a house just yet and that really I dont want to sign another lease. I pay the rent on time and I always mention it to her and if I move they may lose the income for a month or two. so that settles it. sometimes you can give them a way out or at least delay if you arent willing to sign a lease.
I have never avoided a call or seeing her as I know it doesnt really work. it just makes the other person more motivated for it to go "her way". bottom line the landlord wants money every month on time just bring up that she/he may lose some for a month or two and give them something to think about. but it's too late now. perhaps next time you will make it seem like she/he's doing it "his/her" way and just give a reason why. it may or may not work but hiding for sure doesnt work.
semp
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I am so happy I didn't rent out my house, this thread just confirmed it.
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smoe...I won't dispense legal advice on the internet, but I will offer up a few thoughts for you....
1) you're entitled to what is called "quiet enjoyment of your premises". he cannot continually harass you.
2) there's no way anyone here is qualified to offer you sound advice, without reading your original lease, and any subsequent written agreements. depending upon how the original 10 month lease was drafted, he may have every right to inspect your property, although typically he should provide you with at least a 24 hour notice...and that cannot be excessive.
3) you should contact and retain an attorney...to help you mitigate your damages.. if any..in getting you out and away from this very tenuous situation.
typically....tenants have the protections of law on their sides...but the real power still belongs to the landlord. they can find ways of making your life miserable...if full accordance with the law.
you were fine with a month to month. consider it notice and move on.
This is the best advice I have read so far. My .02 would be just to pack up and leave. No point staying if he is going to harass you and you aren't going to talk to him. Further, that no repairs on the septic system have occurred is a bad sign as well. Just cut your losses and move on.
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DEFINITLY GET A LAWYER.!!!.
No Ifs or buts bro. I have been to court several times as witnesses for alot of friends. THe ones with Lawyers won. The ones without did not.
Get a lawyer.
Also Im not a legal professional, and really don't like lawyers myself, but I have 3 on retainer cause, well, just cause, and well leave at that.
Good luck to you though.
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DEFINITLY GET A LAWYER.!!!.
No Ifs or buts bro. I have been to court several times as witnesses for alot of friends. THe ones with Lawyers won. The ones without did not.
Get a lawyer.
Also Im not a legal professional, and really don't like lawyers myself, but I have 3 on retainer cause, well, just cause, and well leave at that.
Good luck to you though.
I don't understand how an attorney is going to help much, even though I'm sure most will charge you a retainer just to speak with them. :headscratch:
The tenant was on a 10-month lease and is now, as contracted, on a month-to-month lease.
The property owner would like him to commit to a longer lease for his peace of mind while he is away travelling (not that his reasons will make any difference)
If the tenant does not want to commit to a longer lease, he has the choice of moving out, just as the property owner has the freedom of choosing a tenant that is willing to commit to a longer lease since the 10-month period is over and both owner and tenant are only contracted for 1 month at a time.
There are 2 choices.
1) Commit to another, long lease.
2) Seek another place to live.
Calling the police was a bit over the top, especially since the landlord did not enter the actual domicile.
This should be a good object lesson on how to deal with a situation in a professional, businesslike manner, rather than ignoring it.
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This should be a good object lesson on how to deal with a situation in a professional, businesslike manner, rather than ignoring it.
He didn't ignore it. He told the LL to communicate via USPS after the initial incidents. That is a form of a business like manner. Not the nicest, but it fits.
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He didn't ignore it. He told the LL to communicate via USPS after the initial incidents. That is a form of a business like manner. Not the nicest, but it fits.
Hey guys,
I have a problem with a landlord. I have been nothing but an ideal tenant. I have been getting along with my landlord who lives next door. I signed a 10-month lease which includes, in writing, that I enter a month-to-month lease after the 10-month period ends. 5-months into the month-to-month lease (almost two weeks ago) the guy comes over with a new lease in hand.
Day #1
The landlord knocks on my door, I answer and the SOB starts walking around me to go into the inside door. He is carrying a folder with a new lease contract. I say “hold on what is that?” He says “it’s your new lease contract.” I had to tell him many times that "I absolutely refuse to sign any new lease and that if he wants me out he only has to send me a certified letter ordering me to vacate the premises within 30-60 days, depending on the date of the notice." The conversation did get a little heated, but nothing to the point of screaming. The guy starts to walk away, turns his head, and gives me a Clint Eastwood style "I'll give you 2-days to think about it." He then proceeds to walk out the door.
Day #5
The landlord comes back over and knocks on the door/windows and rings the door bell. He knows I'm home, but I don't answer. About 20 mins later the guy's daughter who lives across the street calls me up and leaves a voice mail asking if I could look at a wiring issue in her home. I don't call her back because I know it is a trap. He ignored him
Day #6
I head out the store and come back. The landlord is in his late 70's and has a perfect view of my driveway from his lazy boy chair. About 2 mins after arriving home I get a call from my landlord and let it go to voice mail "hey are you ok, I am wondering if you are dead or sick, I'm getting worried over here, etc…..."
Day #7
The landlord starts knocking on the door and ringing the door bell for 1-2 minutes. He goes back home and 20 mins later calls me up and leaves a voice message "are you ok, I’m worried about you, I don't know if you are sick or dead or what, etc….." About 20 mins later the landlord is knocking on my door/ringing the door bell. I then see him walking around the house and looking into my windows. He then enters the entrance between my garage and house. He used his keys to unlock my breezeway door. I then dialed 911. The landlord leaves and goes into his house. Two patrol cars show up and I talk to them and let them know what is going on. About the same time the landlord calls the police and the dispatcher tells him two cars are already next door. The landlord walks over, with his wife, and goes on and on "are you ok, blah, blah, blah." I tell him I am fine at least 3 times. The conversation pauses and I start walking into my home. I say to my landlord "please use the US Postal Service for any further contact." The landlord follows me to the door all upset, which is really starting to worry me. The police officer says a word like “he is ok” and the landlord stops. The police officers then talk to the landlord for a bit and the landlord goes back home and the police leave the scene. After 7 days of ignoring him
The landlord leaves another voice message about 2-3 hours later, “hey so and so, I just want to talk with you, I want you sign an extended lease so I can go to Florida and not have to worry about coming back home in case you leave.”
Day #8
The landlord leaves me a voice message “uh so and so, I just want to talk to you, I wanted to negotiate an extended lease, can you call me back?”
Day #9
The landlord leaves me a voice message “uh so and so, please call me back by 1:00pm the next day should you decide if you want to stay so we can sign a new lease contract.”
Day #12
I get two certified letters in the mail letting me know that I am to vacate the premises by end of the following month. I gladly sign the letters and accept them from the mail man. 5-mins later I get a call from a caller ID that I number I have never seen before. No voice messages were left.
About 1-2 hours later I hear my security system go off. The motion sensor in the breezeway entrance between my garage and house was tripped. I peak around the corner and the sob is in inside the locked breezeway entrance. He does have a key, but did not knock or ring the door bell. He leaves a 3rd letter taped to the outside of the door entering my home. The letter is the same letter received earlier that day. I then called the local police station and two patrol cars showed up. I told them my landlord entered my breezeway entrance using a key, but did not knock. I didn’t have the TV on or the radio, so I would have heard had he knocked.
The two police officers then go next door and talk to my landlord. The police come back and tell me the landlord claimed he had knocked first. The police also pass on information to me that come Monday morning window installers will arrive at my home to install new windows in the basement.
And the kicker is, just as I was writing this my landlord calls me up at 10:00 pm and leaves a voice message telling me to expect the window installers Monday morning.
Again, easier to just start looking for a new place. Month-to-month means, exactly that. Either party can terminate the agreement with 1 month notice.
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Again, easier to just start looking for a new place. Month-to-month means, exactly that. Either party can terminate the agreement with 1 month notice.
I completely agree with your conclusion. It's tedious, dramatic daytime television worthy.
But that being said and assuming Day 1 is an accurate depiction, tenant already implicitly drew the line with LL. That is, LL should have been wiser. :salute
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Again, easier to just start looking for a new place. Month-to-month means, exactly that. Either party can terminate the agreement with 1 month notice.
I completely agree with your conclusion. It's tedious, dramatic and daytime television worthy.
But that being said and assuming Day 1 is an accurate depiction, tenant already implicitly drew the line with LL. That is, LL should have been wiser. :salute
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I just cant believe someone called the cops over this :rofl :rofl
from the story I read you are in the wrong, not the landlord.
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I'm a landlord and rental property owner, what I can tell you is this (Based in Florida):
1) If he's the property owner he has the rights to check his property for any damages or problems, generally speaking if it isn't broken the landlord is not going to show up unannounced, however I do quarterly checks on the house - which is noted in the lease to begin with including the information like I give a week notice before showing up, and request a time available to make the inspection. Secondly, once you sign a lease whether its quarterly, 6 months or year - you can decide not to alter the lease. He cannot terminate the Lease if he does he needs to give you the deposit and up to a month notice. DO NOT ALTER THE LEASE OR SIGN A NEW ONE. He's not allowed to break the lease or contract if your rent is kept up to date.
2) You have to look at the tenant/landlord handbook - generally he has the right to inspect the house as many times as he wants, its his property you just rent - however harassing is basically a sweetheart move on his part.
3) I've cleaned up dead people before, yeah its nice you have someone watching over your place while your gone, to whine about it is a sweetheart move, I had a dead tenant in an apartment for 2 weeks before anyone noticed.
4) If the landlord has any reason to enter your place he can do so as he wishes, again read above ^ - he had a valid reason too.
5) If he breaks the lease or contract take him to court and get a settlement, the lease is a lease is a lease, if you both sign it, there's a penalty for whoever breaks it - mine for example reads like this: If you sign this lease and don't complete it - the $1400 deposit along with $200 pet deposit is kept blah blah.
Best thing I can tell you to do, is document everything he does and time stamp it, he has every right to check on his property because he owns it - however again - there is NO reason to be harassing over it, most likely he has no experience being a land lord. Secondly the last ditch effort you can do is take him to court to get out of the lease, most likely the judge will sign off with the landlord because of ^ reason - the best thing you can do is finish the lease off and move out, if you paid any deposit you are required to get it back (depending on how he worded the lease, again this is the biggest problem because NOBODY ever reads them).
I had a woman who rented one of my houses for $1400 first and last month deposit and $200 pet deposit, she decided to move before the 6 month lease was up, on my lease it clearly states if you "intend to move before the 6 month lease is up you forfeit both deposits" - she didn't bother to read it and tried to sue me for the money being returned - secondly the pet deposit is because even though she had no pet when she moved it, she decided to get a cat somewhere along the time and claimed she had no pet, thus is why I kept the $200 otherwise if she would of finished her lease out, gave me a month notice before moving - she would of gotten back $1400 plus $200. The Judge most likely sides with the landlords in these cases because frankly we've been screwed over by more tenants, i.e eviction papers are over $400 in Florida, and it costs well over $200 to flea bomb a 4 bedroom house and have to shampoo it.
Your landlords an idiot, I would probably of taken him to court by now and sued to get out of the lease based on the harassment.
DO NOT SIGN A MODIFIED LEASE...... if he doesn't like it BOOHOO he can't evict if the rents paid and lease is in good standing.
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Extra:
Google "Tenant and Landlord rights" with your city/county/state to get the information you need, read it all the way through then read your lease, there's always a flaw in it somewhere especially if he's a new landlord, I doubt
he read the book, good chance you can find a loophole to get out of it.
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I'm a landlord and rental property owner, what I can tell you is this (Based in Florida):
1) If he's the property owner he has the rights to check his property for any damages or problems, generally speaking if it isn't broken the landlord is not going to show up unannounced, however I do quarterly checks on the house - which is noted in the lease to begin with including the information like I give a week notice before showing up, and request a time available to make the inspection. Secondly, once you sign a lease whether its quarterly, 6 months or year - you can decide not to alter the lease. He cannot terminate the Lease if he does he needs to give you the deposit and up to a month notice. DO NOT ALTER THE LEASE OR SIGN A NEW ONE. He's not allowed to break the lease or contract if your rent is kept up to date.
2) You have to look at the tenant/landlord handbook - generally he has the right to inspect the house as many times as he wants, its his property you just rent - however harassing is basically a sweetheart move on his part.
3) I've cleaned up dead people before, yeah its nice you have someone watching over your place while your gone, to whine about it is a sweetheart move, I had a dead tenant in an apartment for 2 weeks before anyone noticed.
4) If the landlord has any reason to enter your place he can do so as he wishes, again read above ^ - he had a valid reason too.
5) If he breaks the lease or contract take him to court and get a settlement, the lease is a lease is a lease, if you both sign it, there's a penalty for whoever breaks it - mine for example reads like this: If you sign this lease and don't complete it - the $1400 deposit along with $200 pet deposit is kept blah blah.
Best thing I can tell you to do, is document everything he does and time stamp it, he has every right to check on his property because he owns it - however again - there is NO reason to be harassing over it, most likely he has no experience being a land lord. Secondly the last ditch effort you can do is take him to court to get out of the lease, most likely the judge will sign off with the landlord because of ^ reason - the best thing you can do is finish the lease off and move out, if you paid any deposit you are required to get it back (depending on how he worded the lease, again this is the biggest problem because NOBODY ever reads them).
I had a woman who rented one of my houses for $1400 first and last month deposit and $200 pet deposit, she decided to move before the 6 month lease was up, on my lease it clearly states if you "intend to move before the 6 month lease is up you forfeit both deposits" - she didn't bother to read it and tried to sue me for the money being returned - secondly the pet deposit is because even though she had no pet when she moved it, she decided to get a cat somewhere along the time and claimed she had no pet, thus is why I kept the $200 otherwise if she would of finished her lease out, gave me a month notice before moving - she would of gotten back $1400 plus $200. The Judge most likely sides with the landlords in these cases because frankly we've been screwed over by more tenants, i.e eviction papers are over $400 in Florida, and it costs well over $200 to flea bomb a 4 bedroom house and have to shampoo it.
Your landlords an idiot, I would probably of taken him to court by now and sued to get out of the lease based on the harassment.
DO NOT SIGN A MODIFIED LEASE...... if he doesn't like it BOOHOO he can't evict if the rents paid and lease is in good standing.
I'm in California. Nuff said. :cry
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Once again, another full of BS story lol. You would rather move out than even talk to your land lord about a new contract? Really? Do you have a place to move to in 30 days? Do you know that the new contract is not better than the old? What is funnier is all the people that take yours and others like you words just because you fly a cartoon plane :lol
Sounds like your landlord is the one with the problem :lol All you had to do was talk to him and explain that you would rather move than sign. Whats up with all the under cover secret agent crap?
So, had he kicked your arse out first and then use that as leverage to renegotiate your contract, would you be here crying about that also or do you consider that a better approach?
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Once again, another full of BS story lol.
Oh I love when you are cynical...... :lol
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Whats up with all the under cover secret agent crap?
:lol
:aok
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I'm in California. Nuff said. :cry
I try to find rental property even in other states if its cheap to buy, only problem is some states like California forget it.
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I try to find rental property even in other states if its cheap to buy, only problem is some states like California forget it.
Being a landlord here in Cal is nearly impossible. Takes up to 9 months to get rid of a tenant at times. Arizona, 5 days.
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only read the first post
sounds like you should just talk to guy instead of not answering your phone and being a passive aggressive do uchebag *shrug*
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Being a landlord here in Cal is nearly impossible. Takes up to 9 months to get rid of a tenant at times. Arizona, 5 days.
Arkansas 72 hours upon service of an eviction notice.
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Oh I love when you are cynical...... :lol
Can you believe the evil landlord trying to have a conversation with him? Does he even know he was messing with a fearsome cartoon pilit? :O
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Arkansas 72 hours upon service of an eviction notice.
Don't rub it in! :furious
:D
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Can you believe the evil landlord trying to have a conversation with him? Does he even know he was messing with a fearsome cartoon pilit? :O
Bighorn is fearsome. He reminds me once a week. :ahand
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Bighorn is fearsome. He reminds me once a week. :ahand
Have you tried not looking at his face?
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Have you tried not looking at his face?
He did his best not to, and while looking at my rear bottom end instead, he asked: Dedalos, when are you going to shave? :devil That scared me so much I had to log...
PS
When will your hairy majesty show up in DA?
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He did his best not to, and while looking at my rear bottom end instead, he asked: Dedalos, when are you going to shave? :devil That scared me so much I had to log...
PS
When will your hairy majesty show up in DA?
:lol
Greekyapolis gets sleepy by 9pm his time.
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Arkansas 72 hours upon service of an eviction notice.
How long does it take you to get said eviction notice? That's our problem.
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He did his best not to, and while looking at my rear bottom end instead, he asked: Dedalos, when are you going to shave? :devil That scared me so much I had to log...
PS
When will your hairy majesty show up in DA?
Have you any idea how gay you guys are for doing that? :O
Looks like plenty of time for AH starting Monday ;)
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Have you any idea how gay you guys are for doing that? :O
Kinda like text to text bromance?
Looks like plenty of time for AH starting Monday ;)
Awesome, we can ruin DA again :devil
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How long does it take you to get said eviction notice? That's our problem.
As a renter I don't know. This the best info I could find. http://www.rentlaw.com/eviction/arkeviction.htm (http://www.rentlaw.com/eviction/arkeviction.htm)
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Awesome, we can ruin DA again :devil
Send BadBoy an invite too then :rofl
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Kinda like text to text bromance?
Who? What? When? and Where? :noid
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Who? What? When? and Where? :noid
A/S/L?