My wife and I signed a 1 year lease in 12/2004 and it ended 12/2005.  We received the lease papers in December to renew for another year (1 year contracts only), but forgot to sign them and send them back.  The property management company hasn't brought it up, either.\n\nAccording to the lease papers, there's a lot of money we have to pay if we break our lease, but since we never signed the new papers we technically aren't bound, right?  \n\nWe really want to move but I'm afraid to challenge the property management even though there's no signed lease.  Is there any kind of problems I might run into?  I want to make sure I have all the facts before I tell them we want to move.  I also want to be sure we'd still be able to get our deposit.  \n\nAny suggestions?  Should I be able to move easily since we technically never signed the lease (even though we've been living in the house an additional 3 months now)?
120729
Normally, when your lease isn't officially renewed, you are often automatically put on a month to month lease.  It seems you've gotten really lucky, as month-to-month rent is usually a lot more expensive than a long term lease.  If they haven't said anything about owing them extra money, then it must be the same.\n\nAnyways, if you look at your original lease, there will probably be something written that indicates the whole month-to-month issue.  While it can vary between management companies, the standard rule is that you just need to give them 30 days notice when on a month-to-month lease.  As long as you do that, you probably shouldn't owe them any money except for a partial months rent.\n\nI'm not a lawyer or anything, this is just my experience.  We're going through the same thing right now.
134734
Go to City Hall and tell them your situation. Sometimes your local Chamber of Commerce can help. \n\nMy Parents had a renter who signed an agreement - but in your case (i don't know the technical term) there is a presumption of verbal contract.\n\nThe Renter would have to prove he did pay the rent with signed receipts.  Its your property, and anybody can be evicted for any number of reasons - especially if the rent is not paid.\n\nMy Parents went to City Hall - cant recall who they talked to - but signed an Eviction Form which the police delivered to the renter. The Police Department also enforced the eviction. (there may or may not be a small fee involved but its not much if any)\n\nIf this, or anyone elses answer is better.., is helpful be sure to click the Best Answer option for that person. (for anybody with a best answer). Too many people are asking questions and never give the best answer any credit at all.\n\nGood luck - I know how hard that situation must be.  DO NOT LISTEN TO SOB STORIES IF and only IF you have already been put off two or more times after trying to work with them.\n\nDO NOT GET THEM TO SIGN A RETRO DATED AGREEMENT FORM!  I'm no expert but Im pretty sure thats a bit underhanded if not illegal. Unless the Police or City Hall suggests it - DONT.
136114
Ours has been discharged now for about a year and a half and we are in the process of purchasing a 4 bdr, 2bth home. So far we have the home but are now looking for a piece of land to put it on. All we had to do was show proof of discharge and what all was paid off in it. Since you have no money to put down I would check around and find out what ya had to have down. If you had to have a down payment I would try to get a co-signer, or look into FHA, HUD or Section 8 or any Government loan programs to see if I could get help from any of them. Good luck and wish ya the best..... :0)
306267
Lease agreements are usually covered by statute of frauds[1]and therefore require writing to be valid. \nSo no contract exists.\nHowever it looks like you are in a bind since you have already put up 1800$ dollars, so YOU will probably have to sue to recover, while you probably will win it can take some time.\n\nI suggest you get a lawyer and try to settle: Threaten to sue for everything and for putative damages for bad faith and then say that you will be willing to drop the suit for say 1400$.
165246
Even if you don't have a lease you still have some renters rights.  Do you have proof that you have been paying rent? Like copies of checks?  Your rights are different depending on what state you are in, but here in California lease or no lease I think it's 60 days notice.\n\nLegal action is very costly though, I'd recommend just finding a better place.
457120
You're right, unless it's in writing there's not much more you can do.  And if there is something else, it'll probably end up costing you more tyring to do something about it, than what you've already paid!  Needless to say, it wont be worth it!   So you can either continue feeling bad and mad about it or move forward and learn from it!    And remembering next time.... "the only way you can get screwed, is if you let them"    I would just put my focus and energy on the future.  Are they worth getting you down?    \n\nBy the way, did you guy give a rent deposit when you first moved in? Well, If you did, it might be worth trying to get it back.  By making sure the apartment is spotless and painted!  The cleaner the unit, the less the take out for the clean up!
197147
hey, I got this one...the answer is NO. Next question.  Not paying your rent can lead to 1) a bad reference against future rental opps, 2) a strike against you if you try to buy a home through a mortgage 3) you might get sued (and you will lose both the rent and the court costs and fees 4) you are probably referring to your security deposit as the old (first and last) month's rent.\n\nIf you read your lease, I would just about guarantee you it says you must give at least 30 days notice to leave and you may not use your deposit as your last month's rent.
21392
I've never heard of a landlord paying for relocation for any reason.  Read your lease and move as soon as you can.
495045
Its a very simple solution but 99.99% of people never take the time to do this. I was in the military for 20+yrs, Learned the hard way ounce and paid for it.\n\nGet a cheap camera and take pictures of the place before you move or as your moving in. Heck, nowdays they have video cams that are even better, a photo or video is worth more than a thousand words! This will help or hurt cause the proof is in the photos, where there is or not damages.\n\nOften cigarette burns on the carpet, stains, rutcuts into the carpet in the bedroom from wear and tear. Water damage under the sink from previous situatuion can be documented as not yours, ceilen damage spots or even holes on the walls that have been patched. Established urine stains from previous animals(cats or dogs) even where the apts doesn't allow animals.\n\nRemember that most places have good will but the bottom line is the cost to refurbish the apt for the next renter, so clean before you move out, that's always a plus, even have the manager come inspect before the move. They might be able to say this and that needs to be done or we have to pay to have it done and will go againist your deposit. \n\nI have 15 houses that I rent on long term leases and I do that to each unit, and have made it a point to record and save till the next move, then record after they move incase we have to discuss less than the deposit. I always evaluate the house, did they even try to clean, is the rubish out, the bathroom cleaned, kitchen stove,frigerater cleaned. Remember someone has to do the clean and make ready and obviously be paid for it, so it comes from your deposit. Most will deduct 30% of deposit just cause for wear and tear and expected cost to clean, alot will return all if no damages but the unit is left clean and can get rented with few problems.\n\nAsk yourself, would you move into the apt ~~right now as is, and if your answer is no, then take time to make it so. I'm not talking about painting the walls and shampoo the carpet, just simple cleaning can go a long ways. I'm a land lord of sorts and after you leave I'm almost sure never to see you again so why such I listen to you, I'll take your deposit without regard when I open the door and see trash and whatever, you didn't even vacum or take the trash out. Might be nice for you to at least wipe the glass windows if you have the time, effort brings about good will.\n\nMost all cities have departments to deal with renter disputes, maybe the local BBB has it, most places need your good word of mouth  to keep going. I have a waiting list for my houses, never empty for 15 days, that's what it takes me to prepare for the next renter, my video cam at the ready. I have even made copies for the new renter if they request it(hahahhaha) its a great practice for both. I want you to rent from me again if you decide to come back one day, I will remember the trash and crap you left behind.\n\nThose verticle blinds, hardly an issue of cost but just think of the piture of them, it could have establish its worth of condition on move in day. If in disbute could warrent the deteration from common use due to where they were and how often they were walked through, heck you might of been able to replace them with some from Walmart and saved you alot of monies?\n\nGolden rule : Photos,,,photos,,,photos,,, and even better is a video cam of the apartment condition on move in day!
667791
The laws are different between states. Look up that state's department of consumer affairs. Also NOLO has some good resources. Links below.\n\nYou don't need to consult a lawyer, it will cost you more. In general, figure out what your rights are (specific sections of the state code) and threaten the landlord, citing the code. Inform them in writing that you'll take them to the small claims court if they don't comply. If they doesn't respond (there may be time limits as to how long they can keep your deposit before returning it), be prepared to follow through with your promise.\n\nAlso, next time make sure that you get two little papers before checking in and out -- they should be inspection-like sheets with damages stated on them (and make sure you review them thoroughly and agree). CA requires landlords to provide them in a very timely manner -- usually you get the move-in when you sign the lease, and move-out before you move out, and if the landlord doesn't provide it, the law is on your side. It may be a little different for shorter stays, I don't know for sure, but this paper would save you every time in the eyes of the law.
531788
30 days prior to your lease or rental agreement is over. If you don't pay, you'll get evicted. Just inform your landlord you're moving out unless they can lower your rent. \n\nThis only applies to when your lease or rental agreement is going to expire in 30 days. If you're in a middle of a lease, they cannot raise your rent. E-mail me if you have any questions.\n\nRegards
445582
It all depends on the terms of your lease, but truthfully you have very little hope of getting back your deposit. To be honest, your landpeople are being pretty generous in letting you apply the deposit to the rent - being afraid to live there usually isn't a valid reason for breaking a lease.\n\nWhy not just simply change the locks and take them up on their offer to apply the deposit to the rent while you find a new place to live? I doubt the management would charge you anything to change the locks - they don't want your apartment broken into any more than you do - and an upgrade in locks (like solid deadbolts and charlie bars on sliding glass doors) may be just the thing to make you feel safe there, if only temporarily.\n\nYou've had a scary experience, but if you approach things rationally, you can find a way to make your current apartment work out while you find a new one. Yes, somenone tried to break in, but they didn't succeed....If you upgrade your locks (and I'd recommend to management to upgrade surveillance and physical security - cameras, main doors, gates, etc.) There's no reason you can't be safe there while you find a new place to live.
576309
Contact the Housing Authority in your town.  Also check out www.nolo.com \n\nIf your friend has been there a year without a lease she is considered month to month which means the landlord could have had her removed after giving her 30 days notice first.\n\nIf the landlord has decided to come with a lease after a year and she's managed to live there despite it "falling apart" she needs to take date stamped pictures (some cameras date stamp the film or you can provide a newspaper to put clearly in the shot as you take pictures going from room to room) and have your friend state in a letter addressed to him at his business address that these conditions were pre-existing, and that both parties (LL and her) are to understand that this NEW lease provisions he's asking for will only pertain to NEW wear and tear AFTER all the current repairs are made by LL within 30 days (make a copy of the photos and present them to LL with certified letter).  It should also read that the $500 extra money for deposit is specifically for future wear and tear should it be needed and that your friend will expect her deposit returned within two weeks/month after her lease expires and any deductions should be clearly notarized in a breakdown with clear copies of receipts that can be clearly verified.  It sounds like LL wants your friend to move out -- and you don't say what compelled your LL to 'suddenly' come over and 'demand' next months rent over a week early.   Maybe to avoid the grief, your friend should make arrangements with LL to move -- write a letter and send copies of dated stamped pictures ASAP and state that you are not responsible for this wear and tear as it was pre-existing and you would like x time to move out and then move out.  I don't expect this LL to be nice either way.
551847
I agree with Tom T.  I'm a landlord AND an attorney, and while you may not legally be forced to sign a new lease, as your landlord I would explain to you that you knew very well that you had to pay an additional pet fee, and you acknowledge that you should be paying that higher amount but for my assistant's honest error.\n\nTherefore, what I'd probably end up doing is looking for every opportunity to be a stickler on the rules.  If your cat/dog steps a paw out of line, if your party gets a bit too loud, etc.  If you want to slide through the cracks on your rent because "technically" you don't have to pay more, I'd be looking for every "technicality" to show you the pendulum can swing both ways.  It's just human nature.\n\nIt's just like an employer - while there are certainly things they can't legally fire you for, if an employer wants to get rid of you, they can usually find a legal way of doing it.\n\nThe bottom line is, you're not setting a very good precedent for a positive, constructive relationship with your landlord if you know you should be paying more but you're taking advantage of an honest error.  The mature, honest thing to do would be to sign the modified lease.  I'd let them know, however, that legally you don't have to, but you're trying to "do the right thing."  As a landlord, I'd then feel like I really needed to cut you some slack when other stuff happened (like your rent is a day or two late).\n*****************\nYou have not retained my services as an attorney, and I am not representing you in any manner.  Nothing I have written is to be construed as legal advice.  If you have questions about your legal issues, it is strongly recommended that you consult with an attorney who is admitted to practice in the state where you reside.
23070
Are you both moving there without any job offer?  If so, they would probably rent to you with a larger security deposit.  The best thing to do is call around and ask their requirements.  If they hesitate, then tell them you could pay for the first 6 months upfront.
374369
If you are on month to month tenancy, the landlord gives proper notice of non-renewal.  I can't say if you got proper notice, and it may be that the argument led to the action, but you might have a hard time proving that was the cause of the non-renewal.
453919
Just say some thing to the extent of:\n\n\n\n"Date: (Put today's date)\n\nDear Management:\n\nI will be moving out of apartment # (give your apartment number) on (give the date). My forwarding address is: (if you know the address where you will be moving to it is a good idea to include that).\n\nThank You,\n\n(Sign your name)"\n\n\n***** Now the problem I see right now as a property manager is if your lease is up at the end of the month you will not be giving a FULL 30 DAY NOTICE. You will probably be reasponsible until 30 days from the date you have turned in your notice.*****\n\n\nGood Luck