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treeshaker
Aug 12, 2011, 09:14 AM
I live in Alabama and have a twelve month lease to my condo (currently on month 3). My lease states that I rent the until from XXX to XXX of the next year, rent is due on the first and unit must be kept in good condition. That is all it states.
The unit is rented to me solely. My boyfriend has been living with me and the landlord was aware of this when we moved in but we just rented the unit in my name.
Last week, the police came to the condo and arrested him (probation violation). The manager (not the owner) told me the owner has to have my rent by the 21st of this month for the next (instead of the first) because she had to make sure it would get paid. I have never worked (since we lived here) and he did all the working.
So I found a job yesterday and start today. I told the manager this and then today she knocks on my door saying they need to know where I work to verify this so they can allow me to stay. Does it really matter if I work or not? I do not feel I have to be treated like a child and report everything to them.
I never speak to the actual owner of the property. The manager will not give me the phone number,saying she manages and rents it for the owner.
I have never caused a problem, never had a complaint, and the rent has always been paid on time.
Do I really have to pay the rent that early? Do I really have to disclose where I am working? Can she just change a written lease verbally whenever she wants to?

excon
Aug 12, 2011, 09:34 AM
Do I really have to disclose where I am working? Can she just change a written lease verbally whenever she wants to?Hello tree:

NO, and NO. The manager can't arbitrarily change the lease, and in any case, SHE isn't your landlord. Tell her that, unless she can show you where you've violated the condo by laws or CC&R's, then your business is SOLELY with the owner. In fact, after I told her, I'd write her a certified letter, return receipt requested, telling her AGAIN. Send a copy to the owner.

Stop talking to her.

excon

odinn7
Aug 12, 2011, 09:38 AM
I'm no legal expert but if you have a lease, she can't just verbally change it and make demands. They rented to you under those terms, you signed the lease under those terms, that's it. That's what a lease is all about and that's why it is signed.

Fr_Chuck
Aug 12, 2011, 09:50 AM
No, they can not change the lease, or change the terms, they are bound to the lease and you are not obligated to provide them any information or any early payment.

They may evict you if you do not pay by the terms of the lease.

Of course, you may have other "lease issues" so get it out and read it.
1. what does it say about other people living in the apartment, you had a boyfriend, does not matter if they knew it or did not know it, they know it now, were you in violation for having him live there and not listed at least as a resident even if not on the lease.

2. what does it say about illegal activity, having him arrested at the apartment may be a violation of the lease.
Or having a person who was "wanted" had a warrant for their arrest living there could have been a violation.

So a person can win the battle by telling them to stick it that they have to follow the lease only to be evicted by terms in the lease for other issues.

But no they can not ask for anything not in the lease.

ScottGem
Aug 12, 2011, 03:52 PM
Chuck had the same point I did when I read the question. Having your boyfriend arrested could be a breach of the lease. If there is nothing written in the lease about it, then AL law would apply and most states allow a landlord to void a lease if there is illegal activity going on.

But no they can't change the due date of the rental, not require you to provide personal info.

So, what could happen is you could refuse stating they will receive the rent on the first. But then they can turn around and send you a termination notice requiring you to vacate.

excon
Aug 12, 2011, 04:17 PM
AL law would apply and most states allow a landlord to void a lease if there is illegal activity going on. Hello Scott:

In my view, simply living in the unit with a warrant out for you, is NOT illegal activity. Illegal activity would include DOING something - not BEING something..

excon

ScottGem
Aug 12, 2011, 04:55 PM
Agreed, but harboring a fugitive might be considered illegal.

twinkiedooter
Aug 12, 2011, 05:21 PM
Have you contacted the owner since the manager's talk to you? Did you ask the owner about the rent being due earlier and inquiring about where you are employed?

How could you rent from an owner and never have spoken to them but through the manager only? I don't understand that situation at all. If manager won't give you owner's phone number, address, why not? You may end up being at the mercy of the manager if they are indeed the owner's agent.

BUT you have to remember the bf's arrest and keep that in mind if you still plan on living there for any period. Was he arrested on a felony warrant or misdemeanor warrant? That could make a difference in if you have just voided your lease.

ScottGem
Aug 12, 2011, 05:23 PM
How could you rent from an owner and never have spoken to them but thru the manager only? I don't understand that situation at all. If manager won't give you owner's phone number, address, why not? You may end up being at the mercy of the manager if they are indeed the owner's agent.



Many landlords pay an agent to manage their property because they don't want to be bothered. Nothing unusual or wrong about that.

AK lawyer
Aug 12, 2011, 05:31 PM
Hello Scott:

In my view, simply living in the unit with a warrant out for you, is NOT illegal activity. Illegal activity would include DOING something - not BEING something..

excon

Yep. But in any case, that's not what the manager seems to be concerned with.

If OP dealt with the manager in entereing into the lease, it would make sense to deal with the manager at present. In that case I would inform the manager that early payment of the rent and the information the manager asked for is not in the lease and therefore won't happen.

On the other hand, if OP deals directly with the owner, then simply ignore the manager.

treeshaker
Aug 14, 2011, 10:49 PM
My lease is literally a few sentences. It says (exactly) ADDRESS is rented to MY NAME from xxx DATE until DATE (one year). Rent of AMOUNT is due on first of each month. Tenant is expected to pay rent on time and keep unit in good condition.

That's all it says. It's not even signed by the owner. It's signed the owner's name then says "by MANAGER"

(ALL CAPS HAVE THE ACTUAL THING I WROTE.. I HAVE CHOSE TO LEAVE OUT PERSONAL DETAILS HERE).

The manager manages several properies here for various owners (I live in a tourist town). I do not have any contact information of the owner. The manager is the only person I have ever dealt with.

I was not harboring a fugitive. The police said nothing to me when they arrived here. I was not in any type of trouble. The probation was a misdemeanor violation for not paying restitution in a county we no longer live in (the probation was transferred here from original county).

When we came to look at the property the manger knew we (myself, BF and child) were all moving in. Nothing was said about having to have anyone's name on lease. She just asked whose name to put it in and we said mine. No real reason why it was mine and not his other than the fact we said my name when asked.

I have told her I will not have the money two weeks early and her only response to that is well you'll have to move out. I have asked repeatedly to speak with the owner and am getting nowhere. Part of me thinks the owner knows nothing of this and it's all the manager.

What are condo by laws and CCand Rs?

Nothing is stated about "illegal activity".. and as far as I know, no illegal activity was going on.. I was not questioned or bothered by police department.

ScottGem
Aug 15, 2011, 04:28 AM
If that's what the lease says, then the manager has no recourse. Showe her that the lease says rent is due on the first and she has no right to demand it earlier.

Condos generally have homeowner's associations (HOAs) that operate within a set of by-laws. Owners are subject to those by-laws. If a unit is rented and the tenant violates those by-laws, the owner can be fined. Don't know if that's what is behind the manager's actions. But if the lease is that simple, it may not matter. In any case she cannot do anything to you until the 1st when the rent is due. If she gives you a written vacate notice, you tell her, that you have a lease and you have done nothing to breach that lease, so there is no reason to move.

AK lawyer
Aug 15, 2011, 05:18 AM
...
I have told her I will not have the money two weeks early and her only response to that is well you'll have to move out. I have asked repeatedly to speak with the owner and am getting nowhere. Part of me thinks the owner knows nothing of this and it's all the manager.
...

Apparently this manager knows nothing about what she's trying to do.

You obviously have not broken your lease. As has been said, she cannot unilaterally modify it. And even if you had violated some term of the lease, she would have to give you proper written notice.

There is no reason you should even think about trying to comply with the manager's demands for early payment of rent and additional information.

Fr_Chuck
Aug 15, 2011, 05:22 AM
And they can not just throw you out ( legally anyway) and would have to go to housing court to ask for an eviction, in which case you bring you lease and fight them.

So smile, say you are sorry for any misunderstanding, show them a copy of your lease ( not your actual lease, in case they would grab it and tear it up) and say you guess there is no choice but to discuss this before the judge if they wish to file an eviction.

Most likely they want you out and are trying to scare or bluff you.