I read a thread about whether a landlord accepting money upon specific terms is binding.

Recently we accepted an apartment, we obtained the lease and application from the landlord dated the 15th of February. The was a tenant moving out at the time and we were given permission to take possession allowing the tenant time to clear his belongings.

Also agreed on was improvements on the apartment that we made ourselves at no cost to the landlord.

He agree since we took it on the 15th, he would accept $225 for half month rent and $675 for lastmonth, total being $900. He accepted the money with knowledge of changes being made.

He did not say at that time NOT to change the locks. We did and provided him with keys THAT day.

Also in the turmoil over the lock change (after the fact), we were told by the previous tenant that he had paid the full month rent as last month as required by the landlord unaware that we paid half months rent. So he went to the landlord for half his last month rent back.

Since then the landlord replies to an email from me asking for receipts and a letter (conveniently did not have them upon accepting the $900) by telling me he is upset about the lock change and now if we want the apartment we have to give him $700 a month rent or we can have our deposit back and move out by the 1st after him knowing we fixed the apartment.

We have the original lease and application that was presented to us and 3 people that were present during the transaction and terms aside from the landlord.

I don't know what to do in this case whether to play ball or not??

Being he told me he had the rite to raise the rent even after presenting us with an application and lease agreement. The real issue I'm stuck on is nothing was sign but he accepted money on terms and is now failing to comply with the agreement.

Agreement was
$675mth +hydro, cable (he paid heat (water heater) ect) + allowing us to take possession on the 15th and start our renovations (at no cost to him )

So far he knows we have worked on the bathroom floor, cleaned everything, primed and painted, fix a plugged tub (with cost to ME) , sealed a window that is broken and other expenses but is requesting $700mth + Hydro after the agreed above.

Quote:

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Originally Posted by TheJezter

I read a thread about whether or not a landlord accepting money apon specific terms is binding.

Recently we accepted an apartment, we obtained the lease and application from the landlord dated the 15th of febuary. The was a tenant moving out at the time and we were given permission to take possession allowing the tenant time to clear his belongings.

Also agreed on was improvements on the apartment that we made ourselves at no cost to the landlord.

He agree since we took it on the 15th, he would accept $225 for half month rent and $675 for lastmonth, total being $900. he accepted the money with knowlege of changes being made.

He did not say at that time NOT to change the locks. We did and provided him with keys THAT day.

Also in the termoil over the lock change (after the fact), we were told by the previous tenant that he had paid the full month rent as last month as required by the landlord unaware that we paid half months rent. So he went to the landlord for half his last month rent back.

since then the landlord replies to an email from me asking for receipts and a letter (conveniently did not have them apon accepting the $900) by telling me he is upset about the lock change and now if we want the apartment we have to give him $700 a month rent or we can have our deposit back and move out by the 1st after him knowing we fixed the apartment.

We have the origional lease and application that was presented to us and 3 people that were present during the transaction and terms aside from the landlord.

I don't know what to do in this case whether to play ball or not???

being he told me he had the rite to raise the rent even after presenting us with an application and lease agreement. the real issue i'm stuck on is nothing was sign but he accepted money on terms and is now failing to comply with the agreement.

Agreement was
$675mth +hydro, cable (he paid heat (water heater) ect) + allowing us to take possession on the 15th and start our renovations (at no cost to him )

So far he knows we have worked on the bathroom floor, cleaned everything, primed and painted, fix a plugged tub (with cost to ME) , sealed a window that is broken and other expenses but is requesting $700mth + Hydro after the agreed above.

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First - change the locks BACK to the one that the landlord originally had on the apt and NEVER again think you can change locks on someone else's apt... somewhere in your lease there is wording to the effect you can not ALTER the property...

Second - what monies the prior tenant paid in LMR is NOT YOUR CONCERN.

If you want to stay, write an apology to your landlord, provide the receipts he has requested and advise him you have changed the locks back and will ASK HIM prior to making any more alterations to HIS property.

I agree what the other tenant paid is not your concern nor is what you paid his concern. In fact, you may have been in error of telling him your arrangement.

You need to read your lease very carefully. Just because something is not directly prohibited doesn't mean its allowed. However, because you chnaged the locks at your expense AND gave copies of the keys to the landlord immediately, then he should have no grounds to object. The time to object was when you handed over the new keys. If he didn't object then he missed the boat.

Even if the lease was not signed, by accepting money, he tactily agreed to the provisions. So if the lease stated $675 then that's the rental. However, is $25/mth worth fighting about?

If you want to move, then I would present the landlord with a bill for all the changes you made. And deduct that from the March rent.

I will also say that what the other tenant paid is none of your business, and the landlord upon him giving notice had the right to keep that as last months rent, and you got involved into something you should not have.

And if you have a signed written lease, he has to allow you to stay for the 675. Period, nothing he can do about it.
Now the changes, would have to be either allowed by the written lease, or have it in writing,
Never, ever do anything to a rental without asking.

Also NEVER, ever, ever change rental locks without asking the landlord first, often they may require specific brands, types and the such or they have locks on hand they rotate or change for use.

It appears you can either refuse and see if he wants to try to evict you, which I don't think would stand up in court ( but if I am wrong you are sitting on the street also)

It sounds like you need to talk with him more and try to work it out better. Most likely he is mad more over you talking to the other tenant than anything but can't do anything about that, so he does go after you on what he can.

Hello Jetzer:

You can't stay there. You KNOW there's going to be trouble. Any landlord who would do that to you or the old tenant, will screw you around at the very first opportunity.

If it was me, I'd move to place where I was wanted, and I would sue the landlord.

excon