Check out some similar questions!

cushcush · May 28, 2006, 05:38 AM

We do not have a lease,we are month to month tenants.We want to move.we told our landlord on the 15th of may that we are moving on the 17 of June.Well he proceeded to ask me if we would stay until the end of June in stead of the middle.Well we cannot do that.He then told me that he had spent our security deposit to fix up an apartment he has in the building.I know that's wrong.He also had not fixed my ceiling over my bed that is falling in due to the rain fall we had for 2 weeks straight.all we want to do is move,he is trying everything he can to make this hard.He said we did not give him 30 days,we are giving him like 15 days.he is wacked.My mother in law was here when I told him when we were moving.I think the whole problem comes down to him oweing us money,So yesterday our landlord didn't want to discuss the issue any longer and walked away from the conversation and went inside.That is rude and not very business like at all.What seems to be the problem here?He is making me feel very uncomfortable.

valinors_sorrow · May 28, 2006, 08:29 AM

I can certainly appreciate your frustration. I have had landlords deal unfairly with me too.

However, doing business on a verbal basis is to be always avoided for the bad risk it is, even amongst friends or relative (especially them! LOL). So with that in mind, even month-to-month rentals frequently have a signed rental agreement. I know in some circumstances it is possible to give notice so that you end up paying a pro-rated amount of rent, instead of a full month. But that is outlined as possible in the rental agreement.

I am wondering right off the bat if you have one and if so, what are the details about these circumstances. Does it specify that you can only give notice a certain way, meaning that while you may certainly leave mid-month, you still pay to the end of the month regardless?

Also I would not be giving notice verbally, regardless if there is no rental agreement. No way to prove it later. A registered letter takes care of that nicely.

I hope this was helpful and that you post again with more details.

susiedepolis · Jun 18, 2006, 04:16 PM

I have a verbal agreement with a friend to rent his house. Our verbal agreement was made 3-4 weeks ago. I have spent a lot of money fixing/cleaning the house up. He called me today to tell me he is moving back in. He states he wants to sell it. Everything is verbal. I have paid him 1st and last months rent and did not get a receipt for it... unfortunately. Landlord is a truck driver and has been out of town and was not able to get the written agreement completed. What are my legal rights on how long I have to move out from this place... He states he is moving in immediately. He also stated I could stay until I find another place. But, I don't want to live with him and his dog. By law, doesn't he have to give us a 2 week or 1 month notice of taking ownership again and time to move out? Susie

excon · Jun 19, 2006, 06:30 AM

Hello susie:

Twice, you said everything was verbal, as though you know that verbal isn't going to cut it. So, STOP doing things verbally. Write him a letter, AND an email. Send it special delivery, certified, return receipt requested. In the letter, tell him, in no uncertain terms, that you are sorry for the misunderstanding, but that YOU rented his house, and he is NOT invited to move in. I would tell him that if he comes onto the property without giving proper notice, you will have him arrested as a trespasser. I would tell him further, that you are giving your 30 day notice.

Yes, depending on the state where you live, a 30 day notice is standard.

excon

PS> You posted this in the wrong place, susie, but the moderator will probably move it.

ScottGem · Jun 19, 2006, 06:39 AM

Something seems to be missing here. You say all you want to do is move. So what's stopping you? Hire the movers or rent a van and move. The landlord can't interfere. The only thing he can do is withhold your security deposit. But you don't seem to care about that. He could try taking you to court for the extra 2 weeks rent, but tha't likely to cost him more and he would most lilkely lose, especially if he misused your security deposit.

One thing I would make sure to do is document with photos the condition of the apartment as you left it. And you need to document any damage caused by the rain.