My landlord has given me a 30 day notice to vacate to another apartment so mine can be renovated. I have lived there since 1975 (32 years). I don't mind moving to another apartment, but on January 17th I am having heart surgery and would like to know if I can ask for more time to move. I have always paid my rent on time and have never caused any problems. The property has recently been sold to a company that has renovated the place nicely. I don't want to leave, but no way can I move within 30 days. No friends live in the area anymore (No friends are really living anymore) and I only have a sister nearby. I don't drive anymore and I am worried that if I can't get out to another apartment with the 30 days, they will evict me. I am really worried because I am on a fixed income and in poor health. Is there anything I can do?

Thank you in advance for any help you can give me

David

Well he can tell you to get out all he wants and give you 30 days to go, but he will have to legally evict you to force you out and with an eviction you get another 30 days! Plus it will take a lot more days for him to even get a day in court, but without a legal eviction notice from a judge, you do not have to go anywhere! I know because it happened to me, I stayed 60 days past the time he verbally told me, consulted an attorney who told me he had to have it done legally and he did and I still got 30 more days. Plus he has to have a legitimate reason to tell the judge and if it is just renovation he is supposed to provide you with a place to go until it is done.

Hello David:

From a legal perspective, you have no grounds to ask for a delay. However, from a HUMAN perspective, you certainly do.

ASK them in a letter sent certified, return receipt requested. Tell them exactly what you told us. Send a copy to the owner. If they don't relent, contact your local TV station. They LOVE human interest stories like this. Your landlord won't. In my negotiations with them, I might mention that Channel 4 is interested in doing a story. I'll bet that'll get their attention.

excon

For excon: Thank You for the help. I might just do that and send them a letter. I think if I talk to the manager he will listen. but a certified letter would carry more weight then verbal.

For Tamieko:Thank you for your response: I would not want to fight with them if at all possible because I could not really afford to move out even a few months down the line to another complex. I would not have the 1st, last and security deposit. I think if this goes bad, I would be among the homeless, but I am thinking compassion on their part will be there since they have never given me any problems in the past the this new ownership is several years old

David

Also, is this just a temporary thing (you move out, they renovate, you move back), or has the landlord effectively terminated your lease with that request to vacate? If it's the first, could you just switch to another unit in the same complex, and not move back after?

I think they are raising the rent on this apartment ( 2 bedroom) and since I am alone here they want me in a one bedroom which is at the same rent as this one is now. I am not upset about moving to another apartment here in the complex, I just need more time to make the move since I will be doing it one box at a time and on the mend after surgery. I can't afford to hire even temp services. This apartment has never been renovated in all the time I have been here and it does show it. Even has the original shag carpet. I just got the notice and haven't spoken to anyone since the office is closed until Monday. I just asked the question here to see what my options are in case the want me out in the thirty days. By the way, at that time the year lease expires (January 31st 2008). At least they want me to stay here. I thought from reading here that if you lived in an apartment for over 1 year, it's a 60 day notice to vacate but I could be wrong

I don't want to move completely away from here and couldn't afford to even if I wanted.

Boy, I tell you, how one little letter under your door can tear up you life in such a short time..

David

I just realized something and if I am wrong please let me know. The notice said:

Dear Resident;

This notice is to let you know that XXXXX Apartments will not be renewing your lease. You must vacate the said apartment located at XXXXXXXX at the end of your lease term January 31st, 2008. Please call the leasing office to arrange transfer to a different unit or schedule a pre-move out inspection at your convenience. Thank you for your cooperation. We wish you the best on your journey if you choose not to stay with us at XXXXX Apartments.

============

If there is a 30 day notice in there somewhere, shouldn't it start after the lease is up and not during the lease. If it is after the lease expires, then I think I could make the move. Please let me know if I am correct here. I want to stay in good graces with this place because I do want to move to another apartment there, but just need some more time to actually make the move

David

No, they are giving you 30-day notice that they will not be renewing your lease. If you have a standard lease, there is an assumption that, if neither party says anything, it goes to a month-by-month lease after the lease expiration date. If the tenant actually wants to move at the end of the lease, they have to give thirty days notice before the expiration date that they are doing so. And if the landlord doesn't want to renew the lease, they also must give thirty days notice before the lease expires. Which is what this landlord is doing.

You really are in a difficult situation, since you don't legally have any right to stay later than January 31st. If I were you, I'd be in their office on Monday discussing my situation. Especially since you don't seem opposed to a move to a smaller apartment in the same complex, but just need more time. They may be willing to cut you some slack if you explain the medical situation. That will be a little bit awkward, since you are coming off a lease, but you may be able to talk them into letting you go month-to-month for a month, and then move into the new spot on March 1st.

Are you sure that you don't know anyone in the neighborhood that would be willing to help you move? Family, friends, co-workers, friends and family of coworkers?

Would the apartment company be willing to help you in moving your belongings to another unit if you explain your medical issues? If that doesn't work, maybe you could call a church for volunteers, or even better the boy scouts. If you explain your situation, a lot of groups are eager to help if they can. Don't worry about asking for help, that type of thing teaches a very valuable lesson to young people!

Froggy7: Thank you for your reply and you can be assured that I will be there first thing in the morning. They are pretty good people so they might give me some more time. I am pretty much alone here. All friends or family are eaither live very far away in another state or have passed on

oneguyinohio: Thank You for your reply also. I hadn't thought of that but will looking into getting help.

One good thing I did notice today is that a one bedroom apartment right next door to my place is being vacated shortly. Maybe, just maybe they will straighten that one out and let me move into that one, then moving the stuff would be a whole lot easier

Thank You everyone for your help. I was so upset last night I couldn't sleep, but I am doing much better now that I have some ideas...

Boy Scouts of America - National Council

The above link might be helpful in finding boyscout groups in your area. The top of the page has a spot to help find local groups.

Please keep us updated!

Great News;

I spoke with the manager and he extended my lease for 3 more months and then if I still need time, will go on a month-to-month basis after that. The reason for not renewing my lease is that they got their 2008 renovation budget and mine is one of the few still not done and it needs to be done IN 2008. My lease would have extended into 1/2009 and since I don't need this big of an apartment (2 bedroom), he will get me in a 1 bedroom when I am ready to move and said will help find some people to help me move when the time come. I am so relieved. I signed the new 3 month lease form to make it official and legal without even a rent increase. Thank you all for your help and words of encouragment. On the down side, the 1 bedroom right next door is already rented so I won't be getting that one unless it becomes available again when I am ready to move

David

Sounds like a good landlord, did anyone mention perhaps them helping with your move, perhaps allowing some of his workers to do it. Even if for a acutal cost and letting you pay if off over several months with your rent.

This is a huge complex (150 apartments). I think he understands my need for help and will use some of the staff on the grounds here. A couple of them I pretty much know they would help if I asked and it wouldn't hurt their employement.

David