[kingtut217]

I live in California and I have been at the same apartment for two years. A new company recently purchased the apartment complex. My current lease (under the old company) expires on July 31st. I expressed interested on July 1st to renew and I was told someone would contact me "soon." I didn't hear anything back and then I spoke to the manager again on July 27th reminding her my lease was up in a few days. She said she would call me on July 29th to discuss renewing the lease but she never did. In the meantime, I found out that a family friend died and I need/want to go to the funeral which is 8 hours away. When I called the manager to explain, she said that it was taking the corporate office some time to figure out what the new rates would be and it would be up to 10 days before I received a new lease. I explained that I needed to attend a funeral in another part of the state and couldn't wait 10 days for a new lease. The manager was sympathetic but offered no alternatives--just wait for corporate to "figure it out." My questions are: 1. am I required to pay rent on August 1st since I will not have a lease and no written notice about my status as a tenant? 2. If I leave the city to go to the funeral (I plan on being gone a few weeks), could the owners access my apartment and somehow take possession of my belongings? 3. Can I simply go into the office on August 1st and ask for a new one-month lease and pay my rent? 4. Is it common to live in an apartment without a lease? This seems strange to me--I have money to give them and they won't take it! It's frustrating that I've been a stellar tenant for two years and the company is basically making me choose between attending a funeral and signing a piece of paper.

[joypulv]

1. Yes, you pay your Aug rent at the current rate.
2. No, they can't, not even if you didn't pay your rent. They have to go through the entire eviction process for non payment of rent.
3. You are month to month until you are offered a new lease.
4. Yes, many landlords let the first year's lease expire and continue month to month after that, unless the wording is such that it self renews for another year.

I know you are worried but try not to be. The owners probably aren't dumb enough to raise everyone's rent a lot and have them all give notice that they aren't staying. Just be prepared for some increase. Arrange for mail forwarding or a neighbor or someone to tell you what is going on throughout August.

[ScottGem]

Right now everything is mostly to your advantage. As Joy said, you pay your rent on 8/1 under the current rate.

I would also send a letter to the manager stating that you are interested in renewing the lease but will be out of town for an extended period. Ask that a copy of the lease be e-mailed to you. I would include this letter with your Aug rent check (this way, if the rent check is deposited you have proof they received the letter).

I would not worry about then accessing your apartment. I don't see any reason they would open themselves up for the lawsuit you could bring if they did.

[Fr_Chuck]

Actually he has to pay the new rent according to the current lease, even if it expires, many of the terms are still valid. Such as required notice to move, what happens if the lease expires. Some leases have automatic clauses that set a new rate for rent. It way say there is a 20 percent increase if it goes to month to month or some other statement. So be sure and read the lease closely.

But agreed

You pay on ( or before) August 1 what your current lease says to pay, or the current amount. ** they have to give at least a 30 day notice to raise rates on a month to month.

They may enter apartment to do service work, or with notice, but can not touch your belongings without legal eviction in the courts.

If you leave, provide them telephone number to be reached if they need to notify you of anything.

And most likely the new company is doing market reaserch at how high they can raise the rates without losing too many renters.

[kingtut217]

Thank you, this reply makes me feel better. I'm not worried about the rent increase right now... I just want to get to the funeral while making sure the apartment is legally mine while I'm away. I'll pay my rent on the 1st and hit the road. Thanks!

[kingtut217]

The letter is a great idea... thanks!

[kingtut217]

Thanks for your comments. I feel less stressed now. I actually think the new company might be lowering rates. I live in a crappy area of town in an older, ugly apartment complex (which, having lived in third world countries, doesn't bother me so much), but it's a convenient apartment close to campus so I thought it was worth it. They now charge new tenants $70 less for the same apartment I have. I wonder if that's what's taking so long... milk me for a few extra bucks until the make the lower rates official. But who am I to complain? They have a business to run and I have a place to live.

[Fr_Chuck]

If you can answer the question instead of using the comment feature that would be great.

HUMM apartment that reminds you of a third world county, you may live in one of my rentals, expect I don't have any in California.

Any chance they may be letting everyone's lease run out, evict and then convert them to condos or upscale lofts ?

[AK lawyer]

...
Any chance they may be letting everyones lease run out, evict and then convert them to condos or upscale lofts ?

Way to go! We calm OP's fears and then you open up a new can of worms. ;)

But since they have been writing new leases at a $70 discount, this scenario, at least in the short run, is unlikely, They would have to buy out the new leases in order to do that.


Kingtut217, "enjoy" the funeral and don't worry.

[Fr_Chuck]

Yes, you may be lucky and a space rock will crush it while you are gone and you get to collect all of your insurance money.
** want to relieve his stress