for Filipino Lawyers/Legal Advisers/people who know about Philippine Laws on Tenancy\n\nI'm having some problems with one of our tenants. she is insisting that since i am the one who terminated our lease agreement, that should give her the privelege to stay in our apartment for THREE FREE MONTHS. we have a contract that states "either lessor or lessee shall have the right to terminate the lease for cause by giving notice to the other of the intention of at least 30 days before termination." i gave her the notice last January and we asked her to leave on March 20 (which is more than 30 days). she still hasnt left yet and now she is demanding that she has the right to stay in our apartment for THREE WHOLE MONTHS WITHOUT PAY. also, she has always been a delinquent payer, to the point that she owes us 5 months of rent.\n\nis there any legal justifications of the FREE THREE MONTH STAY she is insisting on?\n\nplease help. thank you.
136319
there is no legal justification. although there is a special law that mandates notice 3 months prior to termination of the lease contract, it can be observed that this mandate is for the benefit of the lessee. if the contract of lease which both of u engaged in reduced the span of notice to 30 days, then it can be considered as a valid waiver of the lessee's right of 3 months. he cannot invoke such law in the courts of law as it would tantamount to estoppel. \nthe proper remedy would be an action for unlawful detainer or if it is no longer available, an action publiciana.\n\ni advise that you consult a lawyer in this matter.
393386
Hi David,\n\nI just love landlords like this, they think they can do what they want, well guess what? They can't!\n\nYou have rights. If the correct procedures have not been followed she has no right to evict you. There is a piece of legislation called the Protection From Eviction Act 1977.\n\nIf she has acted in a manner that interferes with your quiet enjoyment of the property then she can be prosectued under s.1 of the 1977 Act. Amended by s.29 of the Housing Act 1988.\n\nBy simply letting herself in she could well be committing an offence under the Criminal Law Act 1977. s.6 or the Protection From Eviction Act 1977. ss.1-3.\n\nThe leaving open of windows could well be contrary to the Unfair Contract Terms Act 1977. This is because this clause raises a number of potential Health issues as well as security issues and may not be enforceable under this Act.\nShe should have gone to court seeking possession of the property.  It will probably take her months to do it.\n\nTalk to a solicitor who specialises in Landlord and Tenant Law.
460511
First of all, you two have to get a backbone.  I know you're young but trust me, you have to learn to deal with people like this.  Now time to look at the facts.  YOU pay the LANDLORD. That's it.  YOU have RIGHTS.  This is a business transaction, nothing more, nothing less.  It is my recommendation not to get to "chummy" with landlords as most will only use this against you once something goes wrong in your apartment.  There is absolutely no need to feel intimidated.  Don't apologize for anything, if there is a problem on your behalf, then fix it.  Tell the landlord where to go if he asks about your friends, do you ask him about his visitors?  I think not.  Give the landlord post dated cheques and then you won't have to see them ever again.  If they have a problem with this, then mail them a money order once a month, they have no recourse on this. If you have a lease then your tenancy is solid, tenants have more rights than they usually know. They just can't kick you out, in fact it's very hard for a landlord to get rid of a tenant if the tenant knows their rights and how the system works.\n\nThe next time one of them gives you a hard time, tell them that the IRS or Revenue Canada (wherever your from) contacted you and wanted to know how much rent you pay them.  Watch how quickly they shut up then.\n\nPS - In response to the other answers (and with all due respect), but leaving isn't the answer.  THis is YOUR home, you pay for it and you have a right to be comfortable.  Who's to say what the next landlord will be like.  Better to put your cards on the table now.  Who knows, once you do this mabe they'll smarten up and you'll find it a nice place to live.  Don't give in to these idiots.
136891
Legally with most apts. in MN you need to give at least 60 days notice in writing.  This also has to be delivered to the apt manager at least 60 days prior to your lease being up.  What part of MN.  I am also having problems with my apt. manager.  Just curious to know.  I have never heard of your lease automatically renewing though.  Are you sure that it doesn't just go from the 1 year lease to a month to month lease.  Also, You said that you looked at your original lease, does it say anything in there about it automatically renewing itself?  If not they can not hold you to it.  They would need to file an addendum stating that you are renewing your lease.  You would have to sign this in order for you to be held to the contract.  These are just some thoughts, i don't want you to think that i am an expert or anything like that, because i am not.  But please let me know what part of MN, and the outcome\n\nThanks
103126
Without an explicit (written) agreement, you can be evicted at her discretion.  Where she will have trouble, however, is that she needs to give you appropriate notice of her intention to do so (to enable you to make alternate arrangements).  So long as you are not in violation of any laws or explicit policies of hers, you should be entitled to a reasonable time before you actually have to vacate.  The law would most likely deem 30 days as reasonable and I believe you should ask her to give you at least that. You could certainly sue her for any monies she received from you for which she provided no services or goods.  You could also sue her for any harm that befalls you because she failed to give you reasonable notice (time to look for another place to live).  If you let her know that you intend to leave (and you should have decided to do so by now), but that you require 30 days (for which you will pay her if you have not done so), she should give it to you in exchange for your agreeing not to cause legal problems for her and her family.  If she refuses, contact the local law school or local Bar Association and ask for assistance in finding pro bono (free or mostly free) legal counsel.  Best of luck to you in this terrible situation.
173325
The 10 day notice of eviction is standard, but no, he cannot make you leave.  He has to post a 30 day notice and go to court.  When you get to court, sometimes the judge will give you a longer amount of time, but often will not.  Your landlord cannot allow others to harass you in any way.  Please see a housing attorney, you can probably speak to someone for free at least for the first time, then they have court appointed attorneys you may be able to work with.  I used to manage apartments, that's how I know these things.  Good Luck!
130766
LOL... sorry but this is really bs.\n\n1. A lease is for a specific period of time, till May 1st.\n2. There are typically(or atleast I've never seen) provisions for automatic renewal(unless month to month) or, and this is laughable, rent that is due after the lease is terminated...\n\nUnless you were on a month to month lease, you would not have to give notice to quit.  There are typically notice periods only for yor wish to renew.\n\nAnother issue that I have with this situation is when did they give you notice of the rent change?  Typically, cause I don't know what state you are in, 30 day notice is required by the landlord to make changes... The door swings both ways here... They CANT raise your rent without providing sufficient notice, either!\n\nFinally, there is an unwritten rule of reason/ability which is what I've come into contact with any time I've had to go to court for a real estate deal.  No court is going to penalize you for giving 22 days notice in a month, even if you were terminating a lease for a set term.\n\nYou have to call the corporate office or talk to this managers supervisor.  Read your lease, then make a stink.
118711
I am not sure how N.C. law works exactly...but I can tell you how this would be resolved in Pa.  They probably aren;t that different regardless.  In Pa. a land lord is required to give 24 hours notice unless there is an emergency situation.  I do not see how a pet constitutes an emergency.  I'd also check your contract/lease, although I am sure that this is probably not listed.  As for the pet....your land lord has NO RIGHT to remove a pet of yours from the building.  None.  That is completely outrageous.  He can evict you for violating the lease.  He can ask you to remove the pet.  But he has absolutely no right at all to remove a pet from an apartment.  I'd sue.
468904
The law's the law even if it doesn't sound or seem right.  The landlord has to wait out the 15days notice.  If they don't move, they can file paper with the court and have the cops come and take care of that.
271519
You have already served her with a 30-day to pay rent or quit and she opted to quit by voluntarily leaving the property. Instead of foreceable removal (eviction) she decided to leave of her own accord.\n\nThe next step for you is to file a money judgement agst her for the back rent. The court whill serve her with notice to appear and if your case has merit, judgment will be awarded in your favor whether or not she bothers to appear so long as service notice was good. You still need to try and locate her forwarding address or other address she can be raeched as the process server will need it for service to be completed.
598294
Look at your original lease.  He cannot add terms or conditions to the original document.  That constitues a breach.  DO NOT sign the new one without talking to a lawyer about what your rights are in regards to the original contract.  When someone changes a material portion of the lease, they are offering you a new lease.  He is still responsible for what is under the original before the date of the new one.  \n\nNow I'm telling you this without looking at the lease, and without knowing the laws in your area.  you should definitely have a  lawyer look at it though.  \n\nJust a thought....you might want to consider moving anyway, but at least get rid of the 30-day eveiction notice part.  Please have it checked out though.\n\n  me
371620
Rental laws vary from state to state.  Usually you are required to give some amount of notice to a tenant prior to entering the property for non-emergancy reason. \n\nAlso, check the rental agreement to see if it says anything about the upkeep of the property.  If she is required to maintain the property in a certain way and she is not it might be grounds for eviction.  \n\nI suggest you look on Google for your state's housing laws and tenant's rights.
346317
Was Deidra told that her mom was selling the building and that she was going to have to start paying rent? It really doesn't matter but I was just wondering.\n\nAnyway, if I were your sister I would hire an attorney and have Diedra served with a legal notice. If she does not comply with the terms in the notice (and the lawyer will know how to word them), then I would start eviction procedures. Be very careful in what you talk to Dedra about because in some states (like mine) it is illegal to discuss any persons bill or anything like that, to any family member. Your sister could get in trouble for discussing this with any family member. It wouldn't be enough to allow Diedra to live in the apartment rent free, but it could be enough to where she wouldn't have to pay the back rent. Your sister can also mess up Deidra's credit with all this too.
476946
If you have been ordered to vacate your rental home because it has "toxic mold", your landlord should be paying your relocation costs and your security deposit should have been immediately refunded.  \n\nDidn't you go to legal services for help when this all started?  Why didn't you get a lawyer or legal services to cut a deal with the landlord for you?\n\nWhy do you only have "4 days"?   When is your rent paid up until?
137103
With regard to the form that you signed:\n\n1)  Was it also signed by the landlord?\n2)  Did it state what the rent would be?\n\nIf it did not contain both of those things then I think you would have an excellent argument in court that it was not legally binding.  This is supported by the fact that the landlord asked you to come in and sign a renewal lease.  If the first form had been a legally binding renewal then you would not need to sign a new lease.\n\nIf I were in your position I would call the landlord on this bluff.  Check your previous lease to see how much notice you have to give the landlord if you don't want to renew the lease.  It may be as little as 30 days or as much as 90 days.  Compare it with your moving plans.  If you haven't signed a renewal lease then by law you become a month-to-month tenant when your old lease expires, at the same terms and conditions.  So if you're moving in 3 months and the old lease requires 90 days notice, give your notice now.\n\nAlso check out http://realestate.findlaw.com/tenant.  You can read about your rights as a tenant.  Then click on the Resources link to get the specific laws for your state.\n\n4/11/06  I just wanted to add a couple of things.  The paper did not have to say it was a contract in order to be a contract.  But I still don't think that you signed a binding agreement.  In order for something to be considered a binding contract concerning land, it must have the names of the parties, the length of the term, the rental amount and the signatures of both parties.  Did the paper that you signed list what the monthly rent would be?  If not, and if you went to the rental office to sign a renewal lease and found out the rent had been increased by $300 per month, you would have had the right to refuse to sign the agreement and you would not have been held responsible.  So it is very important that you describe exactly what was on the form that you signed.
257121
there's most likely a clause in the lease saying they can enter when they deem it necessary, like putting out a fire if you're not there, or checking for a reported problem when you're gone.  he's probably just abusing this.  either deal with it or suck it up and move.
587610
Yes, you can first give notice to the owner of the problem. I would give 10 day, then tell them this is stressful for you, causing you depression, fear, and anything else you are experiencing.  Then tell them if this situation can not be stopped you will be moving on ___________date and expect your security deposit back with references.  Of couse, the state law would need to be looked up just to be sure.  Go to Tenant Landlord Law for ___________state.?