[michelle122182]

Is my rental agreement valid if I signed it but have no idea if my landlord signed it as I never received a copy of it?

[LisaB4657]

Have they given you the keys? Have you moved in yet?

[michelle122182]

Yes, I've been living here for two years and just in December 2012 signed a lease for one year now the landlord is saying I need to move out because he needs to live here.

[LisaB4657]

Did the new lease include an increase in rent or any other changes from your previous terms?

[michelle122182]

Yes, my rent went up $40 when I signed it.

[michelle122182]

I was told by a friend that it isn't valid because I never received a copy of it signed by both of us.

[LisaB4657]

Then I would say you have a valid lease agreement even though you never received a signed copy. Tell the landlord that you're not moving until November 30, 2013 since that is the term of your lease. If he tries to evict you, you can testify in court that you signed the lease which included an increase and you've been paying the increased amount each month.

Here is another option: if your landlord desperately wants you to move out so he can move in, you can offer to move out in return for him paying you 2 or 3 months worth of rent.

[LisaB4657]

Is your friend an attorney in the state where the property is located?

[ScottGem]

A lease is a contract. A contract becomes valid when an offer is made AND accepted. By paying the increased rental and occupying the premises a valid lease was established.

However, in some areas, local laws (ANY question on law needs to include your general locale as laws vary by area. ) allow a landlord to terminate a lease early if they need to occupy the premises.

[michelle122182]

Is your friend an attorney in the state where the property is located?

No, they've just had renter/landlord issues in the past.

Am I able to just move out in a week or so, or could the landlord come after me for breaking the lease?

My landlord is getting a divorce from his wife and they're selling the house that is theirs together... He told me that their house is going up for sale this week and when it sells he will need to move into the house that I'm living in. He said that it could be anywhere from 2 weeks to 6 months. I'd rather just move out at the end of May and not have it be a guessing game every month if I'm going to need to move. Am I able to just move out or will it be considered breaking my lease and he could take me to court?

[LisaB4657]

It would be considered breaking your lease. You would be responsible for the balance of the lease term or until he moves into the house, whichever occurs first.

I would speak to the landlord and tell him that although you have a valid lease until November 30, 2013, you would be willing to work with him and move out sooner in return for 2 months worth of rent. You should receive some reimbursement for giving up your lease.

[michelle122182]

This is in my rental agreement:

It is mutually agreed that the Renter shall have the right to terminate this Agreement at any time by payment of one full months rental or any part thereof, during which the Renter has retained possession of the property and any accessories/equipment during the terms of this Agreement.

What does this mean?

[LisaB4657]

It means that you can terminate the lease at any time. It's a bit ambiguous as to how much notice you need to give. It can be argued that you don't have to give any notice and you just have to pay rent until the day you move out. But if you want to terminate the lease now and be safe you can give him 30 days written notice today and you'll only be responsible for May rent.

Are there any other clauses in the rental agreement that address how much notice you need to give?

[michelle122182]

I can't find anything else. Just that short little blurb about it.

[LisaB4657]

If you want to leave I would still play it safe, give 30 days written notice and move out by the end of May.

[michelle122182]

My rent is due the 15th of each month, I've already paid him on April 15th which is rent for the end of April beginning of May until May 15th. If I write him a letter stating that I'll be out by May 14th.. that should be enough? That would be okay, seeing as what my rental agreement says? I really don't want him coming after me in court over all of this, and I also just want to move out and get out of this whole situation.

[michelle122182]

If you want to leave I would still play it safe, give 30 days written notice and move out by the end of May.

If I give him 30 days, until the end of May, would I then owe him half of the rent for the first part of May?

[LisaB4657]

As I said, the termination clause is ambiguous. If it went to court and if he was the one who wrote that clause then a court would rule in your favor because of the ambiguity.

But as you said, you don't want to go to court. Why not just talk to the landlord and work out a mutually agreeable move-out date with him?

[michelle122182]

As I said, the termination clause is ambiguous. If it went to court and if he was the one who wrote that clause then a court would rule in your favor because of the ambiguity.

But as you said, you don't want to go to court. Why not just talk to the landlord and work out a mutually agreeable move-out date with him?

He's not easy to talk to and I'm just trying to avoid speaking to him at all. He has raised my rental several times throughout the two years that I've been there, both times when I hadn't signed a lease... the first time was before I had even been there a year.

[LisaB4657]

I understand the desire to avoid him but in this case I think talking to him about it would be in your best interest. You'll know exactly where you stand and you won't have to worry about it coming back to you in the future.