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    julianep1's Avatar
    julianep1 Posts: 3, Reputation: 1
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    #1

    Oct 27, 2012, 02:39 PM
    What can my landlord legally hold on me&can I do anything about their agrmnt change
    I had a 1yr lease.it ended 12/2010.The property Mgr verbally only told me,he understood that I didn't want to sign another lease.He never said "month to month".I've always paid my rent either early or on time.I've had violent threats&yelling from another tenant when he's drunk.This is reported by me to the Mgr&owner.Each time,the Mgr has assured me the tenant would be asked to leave,for those&other reasons.ivlasted nearly 2yrs after lease is up&the other tenant has caused many problems&disturbances to not only myself,but other tenants.I told the owner verbally 2months ago-i needed to move.he said he understood&hoped found a place.he even signed a reference letter.2 weeks ago,the untolerable tenant started up,again.I told both Mgr&owner that I was moving at beginning of month.The Mgr.said I needed to give 30days notice&pay another month&wasnt sure iget my deposit back.For 2 yrs 11 months I've been told by Mgr&owner they wish they had more tenants like me.I never signed or agreed to a month to month agreement.Also,my lease said cable was included.I was then asked to pay $32 a month after a few months.I'm only tenant paying for cable.Plus,I was called and told my rent was going up $20 more a month approximately 9months after my lease was up.Mind you-i had paid cable this whole time even during my lease term&it clearly stated it was included.So,anyway-i gave a 2wks notice after a run in with the neighbor bothering me.The Mgr said no way.30days notice&pay another month.my monthly statements show "lease end date 12-31-2010.But,then it is tped in middle of page "Month to Month" it also says "Thanks for making(month)payment on Time.also-if he wants to say Happy holiday.mean they basically broke lease by asking me to pay for cable when the lease stated differently.No terms were ever discussed about adding that nor about the month to month terms.I had no clue.what can I do?I'm due to move to my new place in 4 days.Plus,my safety has been compromised several times.The Mgr thinks what he says is law!but,is it?I live in Missouri!jperry
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Oct 27, 2012, 02:47 PM
    It has nothing to do whether you agreed; When a lease terminates, the tenancy becomes "month to month" by default.
    julianep1's Avatar
    julianep1 Posts: 3, Reputation: 1
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    #3

    Oct 27, 2012, 02:53 PM
    What about fact I wasn't to pay cable?and,wouldn't that carry over to said month to month lease,then?so,shouldn't they give me that money back for 2 3/4 yrs?
    julianep1's Avatar
    julianep1 Posts: 3, Reputation: 1
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    #4

    Oct 27, 2012, 02:56 PM
    What about my safety being violated&im disabled,too?doesn't any of that count,too?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Oct 27, 2012, 03:00 PM
    ... I was then asked to pay $32 a month after a few months.I'm only tenant paying for cable.Plus,I was called and told my rent was going up $20 more a month approximately 9months after my lease was up.Mind you-i had paid cable this whole time even during my lease term&it clearly stated it was included.. .
    What about fact I wasn't to pay cable?and,wouldn't that carry over to said month to month lease,then?so,shouldn't they give me that money back for 2 3/4 yrs?
    If, during the term of the lease, they charged you extra for cable, you could have objected. Problem is that you didn't object then; you may have waived the issue.

    After the lease terminated, they were free to increase the rent or charge you extra for cable.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Oct 27, 2012, 03:03 PM
    Quote Originally Posted by ;
    What about my safety being violated&im disabled,too?doesn't any of that count,too?
    From what you write, it appears that this verbally abusive neighbor has been a problem for a while. Thus the problem probably wouldn't be one which would justify your leaving without first giving due notice.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #7

    Oct 27, 2012, 03:52 PM
    Tell him he won't get another month out of you and that he has to settle for keeping your security deposit. Tell him you would have had to call the police and that you can get affadavits from all the other tenants about the threatening and dangerous drunken tenant, who is his responsibility.
    Technically you owe the next month's rent though, but he owes the security deposit back within 30 days of you moving out, so hopefully he will consider it a wash.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #8

    Oct 27, 2012, 04:28 PM
    In most states, when a lease expires and is not renewed, but the tenant doesn't vacate, the terms of the original lease continue except for rental and expiration. This means you are required to give 30 days written notice that you are vacating. If you do not give such notice you are and can be held responsible for the rental for that period.

    If you has protested that your original lease gave you free cable at the time they started charging you, you might have done something then. But by paying the extra you tacitly agreed to the change in your lease terms.

    As for the threats and harassment, this is apparently not a new issue and you have endured it until now.

    Sorry, but you owe for the 30 day period. And if you don't pay, they can (and probably will) sue you.

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