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I just found a note in my stating I have to leave premises…

Customer Question
Hi my name is*****...

Hi my name is***** just found a note in my stating I have to leave premises by 4/30 because my lease expired 1/1/15 the previous owner never renewed the lease so now he had sold the apt complex to someone else so now she says will not renew my lease and no month to month says I have to leave by 4/30 can she do this I'M not behind on rent.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Nothing because I just found this on my door tonight not even 10 min ago

Lawyer's Assistant: Where is the property located?

2500 nw 18th St Belmont oaks Apt

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Yes since she had taken over she left me with no hot water for 3 days said I had to submit request in writing so I did still had to wait because she said I needed to quit being demanding and she just recently got busted for driving drunk and she is on meth just got her kids back from CPS.

Submitted: 25 days ago.Category: Real Estate Law
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Answered in 8 minutes by:
3/31/2018
Real Estate Lawyer: Barrister, Lawyer replied 25 days ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,135
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Unfortunately, if you are a month to month tenant, either of you could end the tenancy with a 30 day notice. So they couldn't force you to stay if you wanted to leave, and you can't force them to continue to rent to you if they want to end the tenancy.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 23 days ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 23 days ago
do I still pay rent for the month of April or I can use this money to look for something else, I just think it's best if I leave I don't want to be renting from a grown woman that's a drunk and a meth user besides she is not very professional.
Real Estate Lawyer: Barrister, Lawyer replied 23 days ago

If you didn't pay the rent, then the landlord will likely give you a 3 day notice and then file to evict you through the courts. That will make it much harder to rent somewhere else.. You wouldn't have a legal right to decide to stop paying rent during the last 30 days of your tenancy..

.

So if you think that she would actually file to evict you before you left, it is best to pay the rent..

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Customer reply replied 23 days ago
Well just the other day you said you couldn't help anyway,so why now all of a sudden you want to help. The letter does not state to pay rent she has refused to renew lease can and is no month to month either she will not except anything from me she plainly states it was a business decision so in her BIG BOLD LETTERING STATES TO LEAVE 4/30
Real Estate Lawyer: Barrister, Lawyer replied 23 days ago

I am not sure what you mean.. this is the first question I have worked with you on...

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What you don't seem to understand is that you never get to live anywhere for free... unless you live at home with your parents and they don't charge you rent. But if you rent from a landlord, you have to pay the rent each month or the landlord will file to evict you...

.

I mean, do what you want... don't pay the rent and see if she files to evict you... but if she does, then at least you knew it was coming..

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Customer reply replied 23 days ago
That's just it you don't understand, I am not late on my rent. I got home from work on Friday and found this note on my door because lease expired 1/1/15 the previous owner never did renew the lease. So he sold apt complex to someone else she's been here only several months so now she pulls this on me she never once called to speak to me about renewing I've been in this Apt for 4 years and she is only doing this to me. I even tried to call her and she's rejected my calls and I know I can't live for free I get that it's you that doesn't understand.
Real Estate Lawyer: Barrister, Lawyer replied 23 days ago

Ok, let me see if I can back up a bit... when your lease expired on 1/15...then that makes you a month to month tenant after that... So you can give a 30 day notice to end your tenancy or the landlord can give you a 30 day notice... There doesn't have to be any reason at all... .just a 30 day notice from either side..

.

So you can end the tenancy or the landlord can end the tenancy at any time with a 30 day notice..

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But during that 30 days, you still have to pay your rent... up until the last day of that 30 day notice..

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And I understand perfectly what is going on... in addition to being an attorney, I have also been a landlord for over 26 years...

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Customer reply replied 23 days ago
Right lease expired 1/1/15 but she was not the landlord it was another person,so that person sold apt complex a few months ago.Since then I have been paying my rent on a month to month basis,she was posting notes in my door telling me I was 2 months past due when I wasn't I have my receipts so I told why she has to wait a month to tell me I was 2 months past if I was I would have gotten evicted,so I told her she needs to get her shit in order so I asked her what she was doing with the money,so then I told her that she was cashing my money orders to get drunk and buy her drugs,so since then she's been constantly telling me I'M behind and coming into my apt without any notice.
Real Estate Lawyer: Barrister, Lawyer replied 23 days ago

Ok... but it sounds like she just gave you a 30 day notice to terminate your tenancy... not a 3 day to pay rent or vacate.... So at this point she isn't terminating over the rent.. she is just terminating.. And when a new owner takes over, they just become your landlord under the same terms and conditions as the original landlord..

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It doesn't matter whether she is a drunk or a druggie or Mother Teresa... she can terminate your tenancy with a 30 day written notice.

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Did you have any other questions that I can answer for you?

.

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thanks

Barrister

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Customer reply replied 23 days ago
I already know this, and no I have nothing else, just disappointed because this whole thing texting back and forth was not worth my 45.00 and yes I understand you also have to make a living.
Real Estate Lawyer: Barrister, Lawyer replied 23 days ago

I am sorry that you feel that talking with a licensed attorney for a minimal charge on Easter to confirm what your rights are was not worth the fee..

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You are always able to contact JustAnswer's customer service and request a full refund of your payment, no questions asked.

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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,135
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Experience: 17 years real estate, Realtor. Landlord 26 years

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