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Tenant321 · Mar 24, 2009, 12:38 PM

We are currently on a month to month and my landlord has listed the house for a short sale. Over the phone, he offered to reduce the rent significantly in exchange for showing the property to prospective buyers, we could pay him bi-monthly, be able to stay until the close of escrow, and he would give us a 30 day notice prior to the close of escrow. We agreed and he listed the house, I have been showing it , but in the new contract he sent for us to sign everything was as we agreed except that it states a 2 week notice, not a 30 day. I was very nice and pointed out that is not what we agreed upon and it should read 30 days because 2 weeks is not enough time to find another place and move. He will not budge and then tells me that if we want to pay a month at a time, he can change it to a 30 day notice. He is the one that offered for us to pay bi-monthly and get a 30 day notice. I am trying to keep the relationship good, but weeks won't due. Is he legally obligated to give me a 30 day notice regardless?

Lowtax4eva · Mar 24, 2009, 01:34 PM

He must give you one full term so if you agree to pay him every 2 weeks he can give 2 weeks notice (this is in most cases, you might want to check with your local housing authority)

If you did not sign the new lease stating 2 weeks notice and payment every 2 weeks don't sign it and go back to paying monthly.

ballengerb1 · Mar 24, 2009, 02:05 PM

I agree, you are month to month and he must give you a months notice. If you sign a new contract for bi-monthly then he has to give you 60 days notice, did you actually mean to say semi-monthly?

Tenant321 · Mar 24, 2009, 02:26 PM

No, we pay bi-monthly, on the 1st and the 15th. This was his idea and it we thought it was fine since we knew that we won't be staying that long and it would be hard to go back now that we started it. The old lease has the old price, so we don't want to keep that, but we don't agree with a two week notice.

ballengerb1 · Mar 24, 2009, 06:51 PM

You are correct regarding your bi-monthly definition, I misread you. He kind of has you cornered. Don't sign and you pay more but he must give 30 days notice. Sign that new lease and you would be on a two week cycle and he could give you two week's notice but you would be paying less. Right between a rock and a hard place, sorry.

Tenant321 · Mar 25, 2009, 05:58 AM

I guess I can sign, just to keep the peace and then start looking for another place and not ride it out.

ScottGem · Mar 25, 2009, 06:06 AM

Originally Posted by Tenant321

I guess I can sign, just to keep the peace and then start looking for another place and not ride it out.

That's probably your best option. But also remember this. No way is he going to go from contract to closing in 2 weeks. So if he informs you that he has gone to contract, you will probably have more time to vacate before closing. Which also makes me wonder why he is so adamant on the 2 weeks.

Tenant321 · Mar 25, 2009, 09:24 AM

Originally Posted by ScottGem

That's probably your best option. But also remember this. No way is he going to go from contract to closing in 2 weeks. So if he informs you that he has gone to contract, you will probably have more time to vacate before closing. Which also makes me wonder why he is so adamant on the 2 weeks.

I think his plan would be to not tell me that they are entering escrow. The only thing that I can figure out is that he thinks that if he gives me a 1 month notice and we are paying on a two week basis that we won't pay him for the last two weeks or something. The house was only listed for 10 days and they have 4 offers in that the realtor is submitting today. From 3 different sources, I hear that this particular bank will take 30-60 days to even respond and then if an offer is accepted there will be a minimum 30 day escrow, so I will just start looking and take my time to find the right house. I'm not in a huge crunch yet.

ScottGem · Mar 25, 2009, 09:30 AM

Since you are legally obligated to pay the rent, I'm not sure if that is an issue. Also, he has your security deposit.

But should have enough time to find a place and you only need to give him 2 weeks notice as well.

ballengerb1 · Mar 25, 2009, 06:14 PM

I'd agree, sign the new contract, accept the lower rent and know that he won't close in 2 weeks.

Fr_Chuck · Mar 25, 2009, 07:14 PM

I will also add that he does not have to give you a lower rent, he could merely require you to allow him to show the house and have to pay full rent.

In fact he is being over nice in even making that deal with you.

*** unless you live in California and he is in foreclosure and that is different.

Tenant321 · Mar 26, 2009, 08:13 AM

He knows that if we left, he could not get new renters in there while it is listed and then it would sit vacant for months and he would get NO money and have to actually pay out money every month for the gardener and utilities. He was actually too easy, which tells me that he most likely had stopped paying the mortgage some time ago.