Ask MetaFilter questions tagged with housing and lease

Can my landlord really kick me out?

krunk — Tue, 16 Jun 2009 12:19:28 -0800

My landlords want to kick me out and move into my apartment. They gave me the 60 days notice, but I have some questions about the validity of their notice. I was checking out the Residential Tenancies Act, and it seems that there is a clause that says they can't move in unless they have previously lived there (72 b), which they haven't.

Also, they said they would rather take over the apartment of the guys who live upstairs, but can't because they have a lease until March 2010. Since we are on month-to-month, they said they could take over our place instead.

Are either of these things true? Could they in fact take the other apartment instead?

Don't sh*t where you eat?

adamk — Wed, 06 Aug 2008 21:32:06 -0800

RoommateConflictFilter: I'm a guy in my mid-20s living in a bachelor pad with two other similarly-aged guys. The two roommates have had a huge falling out (over a girl, naturally) on month two of a twelve-month lease, and after days of constantly talking about it, it seems like the only solution is for one of them to move out. The only thing that we've agreed on is that I'm not going anywhere. So now what? We're all on the lease, and I want to make sure that nobody gets burnt any worse than has already happened. A bad attempt at keeping a long story short... I apologize, because I normally grumble at these kinds of posts :)

I've been friends with "Mike" for five years (college buddy), and we've lived together off-and-on in the past with no problems. Most recently we had spent a year each living with other people from our group of friends, but were both extremely excited to start living together again.

Mike met "Dan" a few months ago and they got along well enough where Mike suggested that we all move in together. He is a reasonable guy, but I don't know him that well, and would probably never have lived with him if it wasn't for Mike vouching for him. We found an amazing house that we can reasonably afford with three people, but certainly can't afford with two.

Awhile after we moved in, Mike started dating Dan's friend "Jen". Before this Dan and Jen were extremely close, with her coming over multiple times a week to hang out, eat dinner, etc. Their friendship that was describable as platonic but had enough flirting where an outsider (like myself) couldn't know for sure.

Dan seemed cool with Mike and Jen's new relationship, but was constantly asking to tag along or be included when they hang out because they were "his two best friends". They played along for awhile, but eventually got uncomfortable and said something along the lines of "hey buddy, we've got our own thing going on, you can't expect to hang out with us ALL of the time". This makes Dan sulk for awhile, but it seemed to blow over.

Until a few days ago, when the shit finally hit the fan. A generic domestic argument over a party mess resulted in a fight in which it was made clear that Mike and Jen no longer wanted to deal with Dan's influence in their relationship. Extremely harsh words were exchanged, Jen got hysterical and things almost got violent between the guys.

Days later and nothing has improved. Both parties are sure that they did nothing wrong, and won't budge. The only thing that they've agreed on is that someone needs to move out. Coincidentally, Dan is leaving tomorrow for a 10-day vacation, and we're going to figure out what needs to happen for when he gets back.

So, now what? I don't think anyone is being evil or unreasonable in all of this. I see where everyone is coming from, it's just one of those unfortunate situations. I don't mind the girl or the relationship and would really prefer to live with my friend, but it seems a bit rough to kick out the guy who claims that he tried to do a good thing and lost two friends over it. Then again, I don't know him that well, and he really seems to be in denial over everything.

What's the best way to decide on who needs to leave if nobody volunteers? What precautions do we need to take as we attempt to find a new roommate? If the landlords would go for it we may be willing to remove the person who leaves from the lease (a big if). Plus, due to how difficult it is to have these problems while the current three of us on the lease, I'm not sure I'd want to put a random Craigslist stranger on the lease in place of the person who leaves.

Any advice/anecdotes would be appreciated.

Lease question: I don't want no uncompensated burnination!

allen8219 — Mon, 19 May 2008 06:33:32 -0800

I am moving to a new apartment in Washington DC, and in reading over the lease there are a couple things I am not so sure about... Can you please take a look at the clauses and tell me if they seem reasonable? This (12) is the clause that has me a bit worried. To me it looks as though if my upstairs neighbors start a fire, and the building is smoke damaged and uninhabitable (but not a total teardown), then I have to keep paying rent while the landlord goes about getting the place renovated. That seems highly unfair, and admittedly a bit unlikely.

Would it be unreasonable to request a change to this clause? Any suggestions of a way to reword it that would be palatable to both sides?

Thank you very much, and I know you're not my lawyer (or even a lawyer at all)!

*****************
DESTRUCTION
12. If the premises are rendered totally unfit for occupancy or fire, act of God, or rioters or public enemies, or accident, the term of this lease shall immediately cease upon the payment of rent apportioned to the day of such happening. If, however, the premises are only partially destroyed or damaged and Landlord decides to repair the same, such repairs shall be made by Landlord without unreasonable delay, and this lease shall remain in force and effect without any abatement in rent.
*****************

Advise a SF renter?

aladfar — Tue, 01 Apr 2008 10:20:28 -0800

Advise a San Francisco renter? I've about 6 weeks left on my current lease, and just had a new roommate move in. Rather than tack him on to the remaining time, my landlord would like to scrap the previous lease and have us sign on for a year. I've a feeling my roommate would prefer that as well. I, however, don't wish to be committed that long. So, I'm thinking I'll push for a 6 month lease - the same term as my last agreement. But I suspect I'll want to move sooner than that, perhaps as early as 3 or 4 months. I've come to realize that I'd much prefer my own place, and should be able to swing it financially.

I think the best strategy would be to tack the new roomie onto the current lease and then go month to month when it expires (I believe tenants have that right here in SF). But I suspect that will generate more than a little ill will.

Any advice on how to handle the situation would be much appreciated!

Give me a fire by Christmas, please!

bunnycup — Fri, 14 Dec 2007 13:24:09 -0800

What, if any, are the effects of express warranties by landlord and landlord's agents under New Jersey landlord tenant law? Okay, yes, I am a lawyer, but I'm out of my zone of comfort and in a brand new state. Please take pity on me!

Prior to renting my home, the landlord's property agent (not my agent) represented that the fireplace and chimney were safe for use as a result of passing inspection. Further, during lease negotiations, as a part of an attempt to persuade my husband and I to accept liability for all repairs of any kind, two employees of the landlord represented that full inspections had been done within the last 12 months, the house had passed, and thus we could forsee no actual risk under such a clause. We nevertheless declined to agree to accept that liability.

Prior to using the fireplace, my husband would like us to obtain confirmation of its safety for use. My written query to the landlord was responded to as follows:

"You are correct that the standard NJ home inspection was done. However, that was only a visual inspection for any structural damage to the exterior, as this was the only inspection we were required to do. "

I feel that I received an express warranty that that the fireplace was safe from the realtor (a designated agent of the landlord), who used the use of a fireplace as a selling point, along with a more general (but also express) warranty from the property managers that a detailed inspection had taken place. I rely on no implied warranties of any kind, and do not assume that because the stove is in the house, it is safe to use.

I am not familiar with NJ law; I do not (and will not in future) practice in NJ. My prior education is with NYS and NYC property law, which as you may know is often quite different from other states. Without asking that anyone do in depth research here, any quick thoughts on an argument that I've got an express warranty as to the fireplace, or whether there is any wiggle room whatsoever for a contractual promissory estoppel type argument? I realize this is a fairly technical question, and am asking solely for the purpose of determining whether further research on my part would be worthwhile. If someone knows I am wasting my time, hearing that would be useful. I will not be relying on your answers as the basis of further correspondence, etc.

Thanks in advance for saving Christmas!

How much is your w/d worth?

hattifattener — Fri, 19 Oct 2007 13:17:36 -0800

How much is it worth to you to have a washer/dryer in your building? All else being equal, how much cheaper would an apartment have to be to make up for not having laundry facilities in the building? There's not a laundry in the immediate neighborhood, but you do have a car (and there are plenty of laundries in the city).

I'm asking because I find myself in the awkward situation of having sublet half of my space and, halfway through the lease, losing the w/d the sublessors are using. So, assuming I can't fix that, I'm thinking of offering to reduce their rent a bit to compensate. How much is fair?

Two Against One. Can We Drop Someone From Our Lease?

SansPoint — Mon, 09 Jul 2007 22:02:29 -0800

How do I/how hard is it to take someone off a lease? Okay, About two months ago, I moved into a 3 bedroom house with two friends I go to college with. All three of us signed the lease, and it was cosigned by my father, who put up the third required month's rent towards the security deposit.

One housemate, J, has been nothing but a pain with regards to financial issues. We had to cover his first month's rent, a pro-rated payment coming to slightly over half a regular month's rent, as he had no money left. Admittedly, he had been having trouble finding a job, though was employed at the time. He did not receive his first check until after the rent was due, but he did not offer anything he had. We threatened to take him to small claims court unless he paid us back^1..

When J paid me, and the housemate back for this payment, he did it exceedingly grudgingly, and said he would take out a loan to cover his remaining share. We agreed under the condition that he not throw fits over paying bills.

When I informed him of cable and gas bills that arrived two weeks ago, he said he did not get paid until that coming Sunday. I informed him the bills were not due for two weeks. He still complained about being TOLD of the bills existence. Similarly, when the second month's rent was due, he threw a fit when I asked him for a check, as the loan had not come in yet.

Ultimately, I had to embarrass him in front of a friend he had brought over on Saturday to get his $15 share of that cable bill, and get the $45 he owed me for the first cable bill, and a SEPTA Transpass I bought him to get to his summer class^2.. This, he had owed me, for nearly six weeks, even before the first month's rent was due.

He is leaving for California today, coming back August 1st, the day rent is due. I asked him to leave a post-dated check, and he exploded, calling his mother to get her to help him convince me to let him slide until his return, so he could pay all his remaining rent in one lump sum, as the loan he took out was delayed. He, essentially, accused me of extortion, even though this would be a post-dated check made out to the property managment company, not to me. Also, he left a threatening note to the other housemate, R, and I, causing R to fear for his life. Rather than live in a Demilitarized Zone, I told him that we're taking him off the lease ASAP.

So, first, do I have a case here? Secondly, I have contacted the property management people we are dealing with, and left a message explaining my situation: what can I expect to happen when I talk to them? Third, will I be able to take his person off the lease?

^1. We only did this because of his cavalier attitude. It felt like he wouldn't pay us back.

^2. A class he routinely showed up an hour late to—and failed, and then blamed me for it, saying he should never had taken the class by my suggestion.

But I WANT to sign the lease!

purplefiber — Mon, 11 Jun 2007 11:53:29 -0800

Can my new landlord leave me off the lease? I'm moving into a new apartment soon. The two people who currently live there (roommate A and B) have been in the apartment for two years. The first year they cosigned a year long lease, and since then they have been month to month.

Now roommate B is moving away and I am moving in. They checked this with the rental agency, to see if we'd have to do an application/credit check for me. The rental agency said no, that they would make roommate A the sole tenant, and I would be a subletter from her. So they don't need to check any background on me, but basically I would have no rights to the place. If roommate A decides to move, I would have to move as well, or be subject to any kind of rent increase they wish to impose.

I want to be on the lease, both for the stability of rent control in the event that roommate A decides to leave, and also for reasons of building good credit. Do I have the right to insist on getting my name on the lease? Roommate A agrees that it would be best for us both to be on it. If I am to bring this up with the rental agency, should I do it before moving in, or a few months down the road, once they see that I'm a good tenant, pay rent on time, etc? We are in California.

Any advice much appreciated.

Ontario Tenant Filter:

dino terror — Wed, 26 Jul 2006 09:55:02 -0800

Ontario tenant filter: We are renting without a lease on a month-to-month basis: one of our roomies is really losing the plot and is about to be delinquent on paying rent for the 2nd month in a row. Are we going to go down with him? (the LL left a message last time saying 'Id like to remind you guys that the apartment is being rented for $900, not the $300 you individually pay'. But my dad seems to think that we are under "rooming house" rules where the LL is accepting rent from us individually and as long as I pay my $300 I dont have to worry. The only thing is that I cant find any info on what happens when you dont have a lease on the ORHT website.

Lease/Sublet/Screwed Myself and trying to move

sinical — Sat, 11 Jun 2005 13:19:02 -0800

6 weeks ago we gave 60 days notice we were moving out by July 1, and just got a letter yesterday from the property mgmt that the notice is not valid. We're now responsible for rent here until April 2006. I'm supposed to move across the country next week...... For reference, this is in Hamilton, Ontario, Canada.

We recieved and signed a notice of rent increase Feb 2, 2005. We assumed this meant the rent would go up which was fine, but that we were on month to month terms since our original 1 year lease ended April 30, 2004. We found out yesterday that by signing this, we agreed to another 1 year lease term May 1/05 - Apr 30/06. We missed the month-month clause in the form.

We gave our 60 days notice we were moving out May 1. They called a few days later and left a msg saying if we needed help relocating to an area the property mgmt company served to give them a call. The apartment has also been shown at least twice. We got a letter yesterday stating that the notice we gave is not valid since we are in a year lease, and not on month to month terms. We can pay them a $150 fee and they will try to rent the place but we are responsible for rent until they do so. Subletting is an option as well, but from what I can tell, the market here is not great.

We're supposed to be moving across the country the week of June 20th. We do not want to stay in this city, especially until April 2006, and have both already quit our jobs.

ANY suggestions of what we can do?

need advice for subletting my apartment

picklebird — Wed, 23 Mar 2005 10:04:12 -0800

I am going to sublet my apartment for the last three months of my lease. I saw the question and comments here , but have a slightly different set of concerns about how to do this [more inside]. I am in a strict one-year lease which ends August 1. I found someone who is willing to move in April 15th. I have my landlord's permission to sublet, but I think that the lease will need to remain in my name for the duration. (My landlord is not very accomodating). I don't know the guy who is moving in (found him on craigslist), so what information should I get from him (that won't cost me a lot of money to obtain)? And should I create a contract or document for him to sign? He has offered to give me a security deposit. And I am in Cleveland Heights, Ohio, if that matters.

What does 'month to month' entail?

Capn — Mon, 07 Feb 2005 09:31:48 -0800

I don't understand leasing and renting in Toronto [great deals and spectacular lake-front views inside]. I've been renting my current apartment for a number of years. And every year the super comes around with a lease to sign. After doggedly perusing the management for a couple of months and negotiating a fair rent, I sign the lease.

The lease looks like a standard form and is written in Leagalish, but it seems to me that I can just tell my landlord that I'm not signing the lease and then my tenancy becomes "month to month".

What does this mean? I assume it means I can move out easier, but is it easier for them to, say, evict me without cause? What are the supposed advantages to the renter and landlord of a lease? If I've signed a lease, and want to break it, can I do that if the landlord doesn't want to let me? Surely they can't force me to stay (or pursue me for the rest of the lease's term's payments) if I needed/wanted to move to another city, can they?