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View Full Version : Tenants rights in giving notice to vacate


ronijami
Mar 7, 2008, 01:51 PM
I had to give a 60 day notice by mar 1 and in the last week of feb my landlord told me that in order to keep me as a tenant, he'd keep my rent the same and tend to a list of minor repairs. This week (after mar 1) he tells me that he's raising my rent, tacking on a pet deposit (my pets are all included in the original lease) and moving up the renewal date. Since he's changed his mind, I've also changed my mind about staying. Those were the determining factors of me staying, since they're no longer available, I don't want to stay. But now I've gone over my 60 day notice period. Can I still leave w/o penalty? He has an enormous deposit and I'm not looking to lose that. Thanks.

charlotte234s
Mar 7, 2008, 03:06 PM
He cannot change the details of the lease, so he can't add on fees, change renewal dates, or break his agreement to you legally. Tell him if he will not follow the lease and he is going to continue to tack on ridiculous fees and break the law, you will get an attorney and file suit.

Fr_Chuck
Mar 7, 2008, 03:10 PM
Actually you can most likely hold him to the orgainal agreement if you want to sue him.

But I would believe that the courts would allow you to give less notice

froggy7
Mar 7, 2008, 08:08 PM
When he told you all the reasons for staying, did you sign a new lease? Or was it to go month-to-month with those terms? And did you sign anything saying you accepted the terms? If you signed a lease, then he can't change the terms. If you didn't sign anything, then it's trickier, since you two didn't actually have an agreement. In which case he can technically propose any new changes that he wants.

If I were you, I'd got to the office and say that you hadn't given notice because you were agreeing to the new rental terms, but if they are going to change those terms, you would like to settle this by agreeing to leave at the end of the lease, and that since your failure to give 60 days notice is due to their actions, and you expect them to not require you to abide by that provision.