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I need legal help re: a lease

Discussion in 'Anything goes' started by imjustagirl2, Mar 8, 2007.

  1. imjustagirl2

    imjustagirl2 New Member

    22 or 23 days, however many days March has left. New lease starts on april 1.
     
  2. TheSportsPredictor

    TheSportsPredictor Well-Known Member

    Tell 'em to fuck off.
     
  3. KYSportsWriter

    KYSportsWriter Well-Known Member

    That's some fucked up shit. Sorry I can't be of more help....but ask a lawyer what you can do. There's got to be some way you can get out of the lease after the shit they've pulled.
     
  4. First things first, the price is the price. So if you can't stay for that price, it's time to find a new dwelling.

    Another tactic you should take is submitting your notice to vacate April 1 with a retroactive date of January 30th.

    The thing to remember is that if your lease is up April 1, then it's up April 1. You can move out without issue. Unfortunately when it comes to deposits, you hardly ever get them back and small claims might be more of a pain in the ass, but it is a useful court if you live in a liberal state...Texas would be one of the farthest from consumer rights protectors.
     
  5. Also, what's going to really hurt rentals is the sub-prime lending fiasco going on right now. There are about to be many more renters as foreclosures skyrocket. Law of supply and demand sounds like it's hitting you. Here in Dallas, we've had many, many years of no deposit, no first months rent....that was thanks to sub-prime lending which we have now discovered is a disaster. Well, now all the renters are back and the tab's going up.

    Best of luck, you might consider looking for a place closer to work, that might give you the opportunity to save money on things like gas, etc. which at $2.33 a gallon is not all that bad here in Texas, but I hear it's closer to $3 in other parts of the country.
     
  6. imjustagirl2

    imjustagirl2 New Member

    Yeah, that's part of why I picked this place. It's high-priced, but it covers EVERYTHING (cable, internet, all utilities) and is less than a mile from work. To pay about half this in rent, I'll have to pay separate for all those bills and drive probably 15-20 miles to the office.

    I haven't minded overpaying for the convenience...but now, not so much.
     
  7. KYSportsWriter

    KYSportsWriter Well-Known Member

    This is the first time I've ever heard of a lease automatically renewing. I know before I moved from Lexington to Frankfort my landlords put me on a month-to-month lease and I could move out whenever I wanted. Maybe that's what you can do with your landlord.
     
  8. Sam Mills 51

    Sam Mills 51 Well-Known Member

    Sounds good, on principle, but I have serious doubts that IJAG's landlord will be that kind. Any a_shole that drops crap like that in front of her door, yet wants 60-day notice to leave, isn't about to do anything semi-humane.
     
  9. KYSportsWriter

    KYSportsWriter Well-Known Member

    I know....but it's at least worth a shot.
     
  10. zizzer

    zizzer Active Member

    If the term of the lease is expired, then you're no longer held to any parts of it. So in your case, you don't need to give any notice that you're moving out. You don't have to sign the new lease, meaning on April 1, you're free and clear (provided you have another place to live).

    In a case like yours, don't be afraid to contact an attorney specializing in real estate law - you should find at least a dozen in any area of the country in the phone book. And don't be afraid if they threaten to take you to court. They can not raise your rent substantially under that 60 day window and still expect you to give them notice. There's not a judge on earth that will rule against you in this case.

    Before you talk to the leasing company, speak with a lawyer first. Real estate laws vary from state to state, and they vary a great deal. I got hosed a couple of months back when I discovered my apartment was covered in black mold inside the walls and ceilings, which had been making me violently ill. I found out after speaking with an attorney that NY has real estate laws that protect the landlord 99 percent of the time, and that I would likely lose any judgement. Still, with my health at risk, I moved out, to a smaller place costing $200 more a month with no utilities paid (running me total now about $400 MORE per month than where I was at) and was fortunate enough that my new place gave me a month rent free when I moved in, and the old place was able to find some white trash to move in to the mold infested hell hole by the end of that month, so I didn't get screwed over all that much. Having trouble now making ends meet, but hey, at least I'm not at the doctor's office every week.
     
  11. RedCanuck

    RedCanuck Active Member

    I'd check to see if your state or city has any sort of tenant's rights legislation. I know that here in Ontario, while I have a similar 60-day out clause, they are required to give notice of an increase 90 days in advance, they can only do it once a year, and there's a cap of 2.1 per cent. The lack of notice in your case seems a little bit odd to me.
     
  12. Armchair_QB

    Armchair_QB Well-Known Member

    Your landlord is a miserable fucking piece of shit if he's pulling this on you. There is no such thing as an automatic renewal of the lease. Tell him you're moving out on March 31 and that he can go fuck himself if he thinks he's getting another dime out of you..

    But don't plan on getting your deposit back.
     
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