lease laws

Comments

S,

First, I have to say that I was a bit perturbed that you didn't slam those bitter little liberals who were upset in your other thread because you have a better life than they do.

Now about your present problem: Look, this is why everyone should rent condos.

Since you didn't, you have the same rights as any homeowner - if you didn't want them working on your place, you could have told them to leave and if they didn't, you could have called the police - which is what you should do about the cell phones. You won't get anywhere, but they'll know it's troublesome to mess with you.

Now you can threaten the landlord with a lawsuit because she failed to take proper precautions to safeguard your property. If she's not too experienced, that should rattle her pretty good. In a civil suit, you only need a preponderance of the evidence, and judges are normally sympathetic, especially when you'd gotten no notice.

And don't bother to thank me, just level a liberal and I'll be more than compensated.

What does your lease say?

If it doesn't address this specifically, standard practice is 24 hours notice unless it is an emergency. There should be something in the lease about the landlord's right to enter the property (or in this case the agent of the landlord which the creepy roofing crew technically is). This would also apply to showing the property.

You may want to find out when the roofers were scheduled. I highly doubt she called the roofers the day before and then called you that evening to tell you they would be there in the morning.

I don't know that her breech is enough to get you out of the lease, especially since it would surely come out that you were in the process of buying a home when this happened. Typically you would need to prove that living in the house was no longer safe or that she had made a nuisance of herself.

This is still American. And as such you have a right to "happiness" which is really another way of saying to buy a home of your own and not be subject to a crazy landlord. You are giving her two months to find a tenant. At most your really just risk the loss of your security deposit. She can't sit around and not try and find a tenant.
Yeah, I gave up on that tax thread, because it was just kind of depressing me - how people don't understand what is going on with taxes in this country, and specifically this liberal state. For them, if they don't feel the pain, then it's not an issue. Take money from people who have more of it... sounds great to them because it doesn't cost anything. I feel like standing in front of some government agency with a sign that says "I'm a democrat. Give me your money so I can buy stuff I want" to show them how ridiculous it sounds (and is).

About the lease... I really don't want this to get ugly. I just want to walk away. I found a website that recommended I list the house for rent, let people come see it, and then get their contact information and forward that to the landlord when we leave. That way, we can show that there were available renters she could get in there - meaning there is no lost rental income (or minimal).

As far as I can tell, that's how the contract reads. We owe her for lost rental income if it can't be rented. Well, it can be rented. I am sure of it. And if we give her names, maybe that will prove, not just to her, but also in court (if it goes to that), that we don't need to pay her for the remaining two months on the lease.

I also read that if she keeps our deposit in bad faith, we can sue, and if we win, she will have to pay us three times the amount of the deposit.

The other thing I'm doing is asking her to come visit the house when we have our things out of it, to get her to tell us exactly what needs to be done to the house in order to get our full deposit back. If she points things out, and we document it, and then we take care of those things, I think we would get the deposit back, or at least have something in writing to bring to court if she wants to get shitty about things.

I just got the nerve to give her a call just now... got her voicemail. Went ahead and told her when we would be out and that I would follow-up with details.
We found out, from the roofing company, that it was scheduled two weeks prior to them starting, so she could have given us two weeks notice, which would have been a great help. She waited until the night before to tell us.

I don't intend to tell her we bought a house. I don't think that really has anything to do with whether we should owe her the remaining two months rent. I think we just want to say we're leaving and we're cleaning the place up to get our deposit, and we do not intend to pay for the remaining two months because we think it can be rented - which appears to be the legal stance on the issue - whether she can rent it again, or not. She needs to show that she is trying, too. And that's where I think we will help her by listing it for rent and forwarding names. We're also willing to have an open house, to help her show the place to other potential renters, so the place doesn't go unrented. If I were a landlord - and I used to be for a beach house we owned - I would just want to keep it rented, more than anything else. And I would be as nice as I could to the people leaving, so they leave the place in good shape. So I hope that is what she wants to do as well.

Thanks for sharing your thoughts!




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