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Question

I have been living in my apartment for about 9 years, the landlord sold the complex and the new owners sent out a notice that said they were applying for a rental rehabilitation program to improve the rental property and they needed my social security number, income verification and my drivers license. I am currently not under lease i haven't been under lease since the first year. They sent me notice to vacate the premises and for reasoning to refer to certain paragraphs in the lease. These paragraphs say something about because i didn't follow rules and regulations and they are not renewing the lease. I am current on my rental payments. Can they evict me for not giving them this information?

Submitted: 284 days and 23 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

Triangle, Virginia

Already Tried:
The new owners, Champman management, have never given the residents any contact information no number in case of emergencies, nothing.   No one has been in the rental office as it is under reconstruction. They told us to put our information through the mail slot on the office door. As I stated no one from Chapman Management has been in the office since they became owners of the complex. They gave everyone notices to pay rent by the 4th of each month after the 4th they will begin legal proceedings. But they also said they charge a 10% late fee. Why have a late fee in we cannot be late? Someone from Chapman Management comes on the premises and sits in the car and collect rent payments on the 1st thru the 4th of the month. They didn't even tell us that, I guess someone saw her the first month and thats how I found out the are in the car collecting. They don't come at any specific time nor have they bothered to send around a notice stating they will be on the premises between certain hours. I guess they expect the residents to sit near a window all day to see when the get there. They have sent eviction notices to everyone ther except tenants who receive government assistance to paay their rent, They have been very evasive abd unprofessional to say the least.

Posted by JA Expert 284 days and 22 hours ago.

Answer

Since you do not have a lease, the management company has no obligation to allow you to stay. If they are not going to renew your monthly lease, they need to give you 30 days notice and you need to vacate the apartment. Champman Management would have to honor any outstanding leases that the previous owners had with their tenants. However, you did not have a lease, which you renewed each year. The lease agreement they cite would have no baring on you since you did not have a lease which they could use to enforce against you and force you out. Basically, they just need to say they are not allowing you to stay, are not accepting you rent check and to give you 30 days notice to vacate. I'm sorry that the management company is acting in this manner but if you really want to stay, you should try and work something out with them. Considering giving them the information they want and asking to signing year lease, so you have a legal right to stay in your apartment.

284 days and 20 hours ago.

Reply

so, because I am not under a lease agreement they can evict me without reason? Is their request for this information considered a rule or regulation? In essence, they can just put me out of my home at anytime with 30 days notice just because they want to because I do not have a lease?

Accepted Answer

They may use the word eviction but it is in fact that they have decided not to renew your lease for the next month. If the roles were reversed and you wanted to move, they could not force you to stay. The lease gives you a legal right to the premises. When there is no lease detailing the length of time you are in possession of that property, the court would assume you are a month to month tenant, unless as I said before, you have a history of paying your rent, in full, for a year at a time.

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Expert: JA Expert
Pos. Feedback: 98.1 %
Accepts: 
Answered: 2/11/2009

Attorney

Experience in misdemeanor and felony cases. General legal.

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