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Recent Lease Expiration questions

My daughter left her apartment that she has lived in for a

My daughter left her apartment that she has lived in for a few years. Her original lease expired and they were going to go on a month to month lease but she never had her sign anything. The owner has doubled the rent since she lived there and she could no longer afford. We live in the bakken oil area so she could get away with charging high rent, the boom has died and everyone is lowering rent and she found an apartment that she can now afford. In the time my daughter has lived there she has made the owner aware the toilet drips and runs, they have done nothing to fix problem. Also they had a water pipe break a few months ago and it is still not fixed. My daughter has been ill and her dog has had spots all over him. Since they have moved out there is no more spots on dog and my daughter is feeling much better again! The front step is completely broken out on one side, so it's very dangerous to walk up and they have done nothing to fix it. My daughter is now being served papers because she moved out without giving them notice and shecwas in there 5 days into a new month and did not pay them the rent due for that month. My question is she going to have to pay her full months rent and did she have to give notice when no new contract was ever signed?

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J. Warren

Attorney

Doctoral Degree

4,084 satisfied customers
Once a lease has expired does it automatically go into a

Once a lease has expired does it automatically go into a month to month agreement?If so. . .in a month to month does there need to be a cause for giving a 30 or 60 day notice

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Loren

Juris Doctor

36,178 satisfied customers
A tenant first had a lease of 3-years from June 2012 to May

A tenant first had a lease of 3-years from June 2012 to May 2015. This lease was for rent of $1,200 a month. After the lease expired and given the request from the tenant for any possibility of lower rent, I decided to offer a reduction of $100 a month if we signed another 3-year lease. The tenant agreed, and we signed another lease from June 2015 to May 2018 for $1,100 a month. This second lease is the lease was broken by the tenant and the tenant left the premises in July 2016. This means that for 14 months of the new lease the tenant enjoyed savings of $100 a month and for all practical purposes I had a lost of $1,400 in rent that I would have received if I continued to rent the premises at $1,200 a month. By me renting the property again in August at $1,200 it is clear evidence that by the tenant breaking the lease I had lost rent because if I had known the tenant would be leaving after 14 months I would have not leased the property to the tenant for $1,100 a month. The tenant now got a lawyer and wants full deposit back. I plan to deduct the expenses for repair but can I also go after the $1,400 lost rent since the tenant is breaking the lease?

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CalAttorney2

Attorney

Doctoral Degree

19,342 satisfied customers
Can a landlord send a text saying "I would like you to be

Can a landlord send a text saying "I would like you to be out in 30 days and i will send that in writing", but i never received a letter, and since i was waiting on the letter that hasn't come....Her realator calls me yesterday saying we are past our 30 days and that they are perusing legal action.Is the text sufficient?

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KJL LAW

Juris Doctorate

1,024 satisfied customers
I just signed a new one year lease with my landlord. I have

I just signed a new one year lease with my landlord. I have been a tenant for 3 years.The property manager inspected the property prior to the lease signing and found no issues with the property. However due to the current drought the back yard has been a challenge to keep up. I told the property manager that when I vacate next year I would re-sod the problem areas in the yard. I have hired the landlords prefered landscaper to maintain the yard, and have experienced over the last 3 years 7 sprinkler pipe explosions and I hane replaced 12 sprinkler heads at my expense.The property owner was at the property this week to supervise the painting of the house trim, ( HOA reqiurement), and has now told me that he was appalled at the yard and was going to have it sodded and that I was going to have to pay for it.Per my discussion with the property manager this issue would have been resolved when my lease expires.

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Roger

Litigation Attorney

Doctoral Degree

33,398 satisfied customers
I asked for a 30 day delay before signing a lease I now have

I asked for a 30 day delay before signing a lease I now have to pay month to month ($200 more)!! They notified me 3 wks after I wrote the letter!! The delay was for medical reasons & to discuss with my family. Think I have any recourse?

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RealEstateAnswer

Juris Doctor

29,630 satisfied customers
This is with regards to my questions/concerns earlier today.

This is with regards ***** ***** questions/concerns earlier today. There is something I forgot to mention...This "additional occupant" asked to be put on the Lease about 2 weeks ago. We gave her the rental application, which she completed and submitted back to us. We wrote up an Addendum to add her (all as per the Lease Agreement), but then she decided that she did NOT want to be added.Since she declined to be added as a Tenant, does that change how she would be viewed? If she declined to be added as a tenant, she can't be viewed as a tenant, correct?

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legalgems

Juris Doctorate

13,444 satisfied customers
We(my husband and I) are relatively new Landlords and have a

We(my husband and I) are relatively new Landlords and have a single family house that rented to three young women (roommates). The yearly residential lease agreement was signed by all parties on 11/1/15 and terminates on 10/31/16. It clearly states that any additional occupants require written notification from the Tenant and written permission from the Landlord and additional rent may be required.My husband suspected that they had an additional person living with them and without any real evidence (other than seeing an additional car there regularly) brought it to their attention in a verbal conversation. They did not deny it, but still didn't reveal when the new person started staying there. My husband told them to read the lease and not to worry about it and left it at that. He did mention that they owed additional rent, too. Still we did not get any written notification from them. (All he said to me was that he met their girlfriend.)Just a few days ago, one of the current tenants sent an email that incidentally mentioned the fact that the unauthorized occupant had been living there since December 2015. That was the first time we had a date provided and the first that I learned of it, so we sent a letter (certified) notifying them of the violation, as per the terms of the lease. We offered to let her stay if they wanted to pay back rent owed($100/month) for her or request that she vacate immediately or face eviction and legal proceedings.This Tenant (three young ladies) has expressed a desire to terminate the Lease (NOT in writing as of yet) and we are in the process of trying to find a new Tenant. We have repeatedly told them that we can't release them until a new Tenant is secured or the current lease expires, whichever comes first. We've also told them to put it in writing.We've extended many courtesies to this Tenant and they have violated many terms of the Lease. We are now strictly abiding by the terms of the Lease and have requested that they do the same. The lease expires on 10/31/16, so that is the latest that they can stay there, provided that they pay their rent.Can we send them a bill/invoice for the back rent owed for this unauthorized occupant? Honestly, we don't want to fight or get involved in a lawsuit/legal proceedings if we don't have to, but we would like to know what our next step(s) should be.Thank-you

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legalgems

Juris Doctorate

13,444 satisfied customers
My lease expires 12/13/2016 but due to a personal

my lease expires 12/13/2016 but due to a personal disagreement with the landlord i want to break my lease and move out at the end of the month. I have paid Aug rent and there is 1100.00 security deposit that is equivalent to 1 month rent. Can i give the 60 day notice and call it a day expecting for the landlord to keep the 1100 deposit?

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Loren

Juris Doctor

36,178 satisfied customers
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