the place i live they renew ur lease every year automated, well I found my orginal lease doent state NE where that it can be authomated renewed.(The automated renew also needs to be certificated or hand deliver which they did neighter one it was slidd under my door!!) The place is trynig to hold me for 12 more months? Do I have to take them to coart or get a lawyer? Can i give them a 30daynotice and leave why they try to bill me for 11Xtra months and keep my deposit...will this go to collections and give me bad credit..or do they sue me and take it to coart where then I can prove then there in valid MN Statue?? CONFUSED?? My landlord is a bitch and hung up on me when i tryed to prove my point??>>
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
162422
I would think it would be in your lease, your and their responsibilities and obligations, I would check it and if they are not following their part, get a lawyer
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!
125956
I am a law student so I can offer you NO legal advice all I can do is give you my opinion it bears no legal weight whatsoever. I will have no legal consequence for anything you do with this opinion. I will not be liable for any loss, expenditure etc that you incur. If you plan to take action seek a licensed attorney. \n\nThat is a disclaimer I have to say sorry. Normally I would not reply because of it but I feel for your situation I chose to.\n\nYou might have a legal claim on implied warranty of habitability. I’m not sure what state you are in and what law they apply but most states say that the apartment must be fit for human habitation. It would be in the courts hands however, if they would find that being without electricity to the appliances that stopped working when the breaker went off made the unit uninhabitable.\n\nIf you replace anything on your own keep the receipts in some jurisdictions the court will allow you to withhold rent in the amount of the repairs that you do. Again seek an attorney’s advice.\n\nIf you are evicted there is a possibility that you would be able to claim constructive eviction. That the place was so uninhabitable that you had to leave and once the landlord makes the appropriate repairs you might be able to recover the expenses you incurred from moving out. Again seek an attorney for a valid opinion\n\nLastly and probably the first thing you consider doing; check your lease. There could be certain things promised to you or the availability within the lease for you to break it if they fall below a certain standard. If you want to you could point it out to them and state that the unit is below the expectation that they drafted.\n\nAgain, I am NOT an attorney. This is my opinion and everything stated within it should not be relied upon as legal advice. The only person who can give you good advice is a licensed attorney.
16342
Call the Department of Health. The landlord has probably broken the lease and you can move with your deposit. I would have already moved if it's been since October. That is BS! I have kids mysself and I would not put up with that. I had a mold problem and I told the landlord I can move out because he did not provide aduquite quarters for my family, and I had to pay rent for a bathroom that I didn't even use. Good luck!
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.
166818
The lease from the previous landlord is still in effect. When does it expire?  When an investment property is sold, the new owner has also purchased all the leases that are in effect at the time of purchase.  Once that lease is up, it is up to the new owner whether or not A) he wants to let you stay, B) whether he wants to just renew the lease you were in with the old owner and C) whether he wants to have you sign a whole new lease (make sure you read it). \nI work for a commercial real estate management firm and encounter this on a regular basis.  Just keep paying rent and closer to the time that your current lease expires (I'd say a month and a half before) contact the owner and ask if they intend to let you continue leases the place and explain that you'd like to have something in writing.  Read your current lease. Did the old owner put any options in there? Like "tenant has the right to renew this lease with XX days written notice"?\n\nAs for rent escrow - that should only be used when the Landlord has failed to make repairs that inhibit the liveability of the premises, such as replacing the hvac system if it died, replacing the roof, etc.  Don't use rent escrow because you want a new lease.\n\nI can't stress enough - READ YOUR LEASE. That's where all the information you could ever need as to your rights as a Tenant will be.  It's the Bible of your residence rights.
6219
Landlord-tenant legislation in the US is governed by state law.  You need to post the state and country that you are talking about because they are all different.  \n\nIF YOU ARE ON A LONG-TERM LEASE:\nIn most states, the landlord is permitted to charge you for the entire lease period, except if the lanlord or an agent of the landlord accepts your move-out notice, which it appears that he did, because he didn't contact you that it was rejected, he advertisted it as available on 12/15, and he accepted your keys.  So, in that case you should be of the hook on the date mentioned in the notice.\n\nIF YOU ARE ON MONTH-TO-MONTH:\nIf you are on a month-to-month lease, most leases&#92;state laws say that that you are required to give at least 20 days written notice prior to the beginning of the next calendar month or the lease renews itself. \n\nSo technically by giving your notice on 11/16 you are freeing yourself from a month-to-month lease as of 1/1.  However if your notice said you would remain 60 days, so the landlord could hold you liable for payment up until 1/15.  If he had your keys on 11/23 and you were on a month to month, I think it's kind of jerky to charge you from 1/1 to 1/15.  \n\nI don't see any way the landlord could collect from you for the period of 1/16-1/31 unless they argue that your notice was improper, or that they did not accept your notice, in which case they should have sent you a letter saying so, shouldn't have taken your keys, and shouldn't have placed an ad in the paper saying that it would be available on 12/15.  \n\nIn short, I think that you would have a tough time PROVING you're not responsible for 1/1 to 1/15, but if you were on a month to month lease you should write a very nice letter asking them not to charge you for this because you moved out in november.\n\nIf they tried to make you pay for 1/15-1/30 you are on pretty solid ground.  They would have a hard time getting a judge to agree you are liable for 1/15-1/30, due to accepting your notice and keys, and the ad in the paper.  So by not paying that I think that the only thing you risk is a bad rental history.\n\nI don't know of any requirement in any state that says the landlord has to advertise or make the apartment available.\n\nPS:  You must verify this with a lawyer before you act on this answer, which is not legal advice.
57721
That's a breech of contract if they are not abiding by what they have in the contract. Turn the landlord in, you may have to go as far as taking them to court. \n\nBELIEVE ME, YOU CAN BET IF YOU BROKE A CONTRACT THEY WOULD BE ALL OVER YOU LIKE FLIES ON CRAP! \n\nGood luck to you.
514667
If you signed a 12-month lease, then you are obligated to pay the full 12 months unless the lease has a clause saying something to the contrary (e.g., that you can break the lease for a certain penalty).  The fact that you gave 3 months notice won't have any legal bearing, unfortunately.  However, the landlord would have to take you to small claims court to collect the additional rent, which would be a hassle for him, so he would have some incentive to make a deal with you. You may be able to save some money if you continue to negotiate.\n\nNOTE:  I JUST READ THIS on someone else's post:  "Your landlord can't hold you liable for the "whole term". They have a duty to mitigate their damages by renting the unit again as soon as possible."  So it sounds as though I may be wrong--that your landlord can't hold your responsible for all the lost rent.  If your landlord failed to make best efforts to re-rent the place after you gave three month's notice, he may be liable for the lost rent.  You may need to pose this question to a lawyer for a definitive answer.
342706
She seems to want you out because she already has another renter ready to take your place.  \nUsually you get minimum 30 days, she can't make you get out before that.  Nov 9, you get at least to the Dec 9th\n\nShe can't keep the money for that reason, those money were for the following:\nAny charge specified in the apartment lease agreement or any charge resulting from your breaking the lease.  You didn't break the lease, she kicked you out.\n\nCharges for damages, wear and tear resulting from negligence, carelessness, accident or abuse on your part. "Normal wear and tear" items cannot be deducted.   Did you!\n\n\nUnpaid rent and other unpaid charges listed in your apartment lease, such as those for late rent payment, returned checks, missing furniture or fixtures, keys you don't return to the apartment manager, etc.\n\n\nThe reasonable cost of cleaning if you fail to properly clean your apartment before you leave. Many rental properties have written cleaning instructions for you to follow.\n \nIf not, you still have a leg to stand on, and depending on your contract with them, you can still negotiate until the end of Dec.  \n\nIf she has someone already lined up to take your place, that can be good for you.  You can use it to get extra money from her, because if you don't leave by that time, she will lose her new tenant.  Check the laws in your area, before you do anything, but it seems the ball is in your court.\n\nYou are not giving enough infor, to give you a fair answer, hope that help with the little infos in your question.\n\nOne more thing.  Before you give the keys up.  Take pictures of the whole place, and make sure you have the walk through with her, to make sure that she will not be able later on, to keep the money because of how you left the place.  Take picture.  As they say picture tells a thousand words.  protect yourself, so you can get your money back.\nGood Luck
492604
The question is not 'what rights do you have?' its what claims can he make on you and how can these be honored? If the landlord is paid, then the landlord is out of the issue. Without a written contract between you and xbf, there is no course for a court to take. And frankly what court would want to deal with this issue. I  realize it important to you but its a fairly petty matter\nJust walk away
379431
Send a demand letter both by certified mail and hand delivered - they have 48 hrs to return your deposit....Include the fact that they violated the terms of the lease, thus rendering the lease null and void, and you consider the lease cancelled.\n\nYou should have demanded your money back at 8am on Nov 2, 2006.  There is no reason to wait.\n\nStart looking for a new place today - stop by the small claims court in your zip code and find out how to request a hearing.  It may sound intimidating, but don't wait - and most small claims have days of the week "specific to landlord/tenant issues".\n\nAlso, you may very well be entitled to double damages.
9253
As one attorney always told where is the foal? If this has hurt your credit, or damaged you from consideration for the new rental unit, you may have a case and my suggestion is to contact a an attorney who knows real estate law.\n\nGood luck
258242
Unless there is an emergency, like you went off for the weekend and left your pets in the house to bark and disturb the neighbors, or you left the water on and it is overflowing and he recieved a complaint from the downstairs neighbors, he can not legally enter the premises without giving you a 24 hour notice. The notice has to be legit too, it's not like he does this weekly just to see if you painted the walls black. For example, I enter my properties to conduct appraisals, estimate repairs (that they requested) or things of that nature. I cannot harass my tennants just to see the condition of the property. As a tennant you have a right to enjoy quiet use of the property. It seems like he is breaching the lease, you might want to send him a certified letter stating that his actions are not acceptable and that he has to give you 24 hour confirmed written notice anytime he needs to enter the property along with the reason for entering the property unless there is an actual emergency (such as fire) that he needs to immediately enter the premise to protect his property. Inform him that if he continues to breach this lease and break the law, you will be forced to find residence elsewhere.\n\nIf he continues this illegal behavior, your best bet is to leave and find another place to live, immediately send him a certified letter stating that you have left and abandoned the property for a breach in contract, request for the return of your deposit and sue him in small claims for any damages (such as moving cost) because he breached the lease contract.\n\nOne last thing, if he shows up and asks to come in and you say "Yes", there is nothing you can do about that and I bet he doesn't see this as a problem. If you are bothered by this, then you must tell him "No" or go outside to talk to him.\n\nI personaly believe no news from my tennants is good news. I'm sure it's the same for them too. I bet one gets scared when the other calls. ;)\n\nRegards...
516042
You can't; you're stuck. Your signature on the lease is an agreement to pay the rent along with the other people who signed, regardless of what your agreement was with the other three. The best you could do is to sue them for the money that you have to pay. Even then, it's not likely that you'll get it all back; you will most likely only get them to pay 75% and you get stuck with 25%. Your agreement that you will not be financially responsible for the apartment is not likely to be upheld in court as this was an agreement to defraud your landlord and courts never uphold illegal or fraudulent contracts.\nChalk this up as an expensive lesson and be careful what you sign in the future.
540221
Your landlord doesn't have to budge.  You agreed to pay X dollars and thats that.   They  have the option of either lowering your rent or losing you as a tenant.  From their response, their answer is that they don't mind losing you.\n\nIf you break your lease and move, you will still be responsible for the difference between what they rent it out for and what you were paying for the remainder of your lease.  You will also be responsible for the rent until they find a new tenant.  The have a duty to mitigate their loss by re-renting the unit asap.  \n\nIn other words, if it takes them 1 month to find a tenant, you owe them 1 months rent at your current rate and if the new tenants rent is less than yours, you owe the difference between what they are paying and what you were paying until the time when your lease would have expired.  You may also owe any fees for advertising, etc.\n\nOr your lease may even have a buy-out clause.  You will need to look at it to find out.\n\nSometimes if you explain that you can't afford the rent any more, a landlord will work with you because if it turns into a non-payment matter, they won't be getting any money while they go through the process of evicting you.  \n\nLandlords can and often times will proceed with getting a judgment against you for unpaid rent.  Some landlords just write it off, but more and more landlords are going after ex-tenants for the money.