I need help. So much for faith.

[lizziegrace]

I don't know if any of you remember my post about the landlord and her niece. I sent the landlord a letter with the rent check (the check she cashed) stating that I was moving out when my lease was up at the end of March or sooner, if she could find a tenant. This was with the December rent.

She will not talk with me because I am not shy about telling her what a nightmare it's been living next door to the "other tenants". I've also sent formal documents threatening to put my rent in escrow unless she deals with the 75 pound dog. It's been a miserable year and a half here. So, I assumed since she got the check and cashed it that she also read the letter it was wrapped up in.

Today, she calls me at work (she's in Florida over the winter and will not give me her address to send the rent, it must be forwarded) and tells me she will sue me for the rent until she gets tenants because she got my rent check with my forwarding information. There are probably close to 100 units for rent in this community. If she sues and wins, I'll have to file bankruptcy.

I need help. I've got a call into an attorney and can't stop shaking. This place has been a nightmare and I may be forced to stay here or pay rent in two places. Nothing is ever, ever easy for me.

[LSK]

1. your lease is up in March?

So how is she going to sue you? Based on what? Am I missing something?

[lizziegrace]

2. She claims she never got the notice I'm moving out

Even though she cashed the December rent check. She got my March check on the 9th, (she's in Florida, it has to be forwarded) which is not 30 days prior to the lease ending. It automatically renews for another year on April 1

[Katherine Brengle]

7. You should go to a lawyer immediately and have him/her draw up

a legal document showing your intention to move out before April 1st. Get it notarized, and have it delivered, certified, to your landlord's attorney (I believe that your LL has to give you this information, and I guarantee that s/he retains a lawyer if renting that many apartments).

Don't let this b***h walk on you--be strong, and be assertive.

[lizziegrace]

10. There are hundreds of units for rent around here

which will make it nearly impossible for her to rent the place. She only owns this duplex and her niece rents the other side and I'm guessing, probably pays very little rent.

[Katherine Brengle]

17. It doesn't matter--your lease is expiring at the end of the month--

you have the legal right to refuse renewal and move out. If your lease is up, you are no longer financially obligated to the landlord.

[LSK]

9. is there something in the lease about automatically renewing?

Did you have to sign something least time the lease ended? Also, shouldnt she have to provide a way to contact her if hes in FL for reasons such as these?

[lizziegrace]

12. Yes

And the time for giving notice to avoid automatic renewal has passed. (my lease says 60 days)

[LSK]

15. does it mention in what manner you have to notify her?

[Katherine Brengle]

20. Get an injunction. Sue her. Go to a lawyer and have the contract...

nullified on the basis of your landlord not making him/herself available over the winter months--if the mail is being forwarded, it is taking at least twice as long to get to it's destination--there's your 60 days.

[skygazer]

3. Do you have a copy of the letter you sent?

I know it doesn't help you now, but you should always keep copies of letters such as that. And with a landlord who has given you trouble, it's worth the extra money to send it certified with a return receipt which will show that it was delivered and accepted.

Have you moved out? Or were you waiting until the end of the lease? If you were waiting until the end of the lease, I don't see how she can sue. I'm sorry - I must have missed the original post. At any rate, I'm sorry. :hug: Definitely talk with an attorney, that's the best I can offer.

[lizziegrace]

4. I'm sorry this is so confusing

I'm so rattled. I have a copy of the letter, but she says she never got it. My rent check was folded up in it and she still says she didn't get it.

[skygazer]

8. If you have a copy of the letter, that should help

I assume it's dated. She sounds like she's TRYING to rattle you, miserable bitch. I hope the lawyer can give you some good advice - it sounds like she's pulling a bluff on you but I don't know enough about law to say whether it would work or not. Good luck, lizziegrace. :hug:

[fleabert]

29. from my experiences, renting all over the us and as a leasing agent in tx

she may only be able to force you to pay for one month past your lease period. A lease may not legally auto-renew for anything other than month-to-month. After the initial lease period, ending March 31, you should automatically go mtm until either a new lease is signed or you send a letter of intent to vacate. Since she has acknowledged the letter as of today, then the longest she can possibly hold you accountable is thru April.

If you can get a lawyer to argue the point that the letter you wrote in Dec. is the applicable date of receipt by the landlord, then you are not responsible for anything past the lease period. If you cannot prove the letter was rec. then, then you might be stuck with one more month. but auto- renewing for longer than a month? fuck that. You have to sign for that type of commitment.

here is a good resource re: renter's rights
http://www.nolo.com/resource.cfm/catID/31250834-6A2E-4970-9EDD4DAF221A0C7E/104/138/

and this is the statute that applies for Ohio, but I can't seem to find on Nolo.com, but you should be able to.
Ohio Rev. Code Ann. §§ 5321.01-.19

Good luck! you have lots of rights, exercise them!

[Katherine Brengle]

5. Once your lease is expired, you have NO legal obligation...

to continue paying rent on the property. Your landlord knows this, but is likely banking on the fact that most tenants don't know their rights and will bow down to bully tactics.

Finish the month and get the hell out--you don't deserve to be treated this way, regardless of the circumstances.

[LSK]

6. thats what Im thinking too

[Katherine Brengle]

14. Exactly--the purpose of a lease is to protect both landlord and tenant--

If the tenant moves out before the end of the lease, and the landlord believes that he/she will not be able to find another renter to cover that property, he/she can get a court order forcing the previous tenant to continue paying the rent until the lease expires.

For a tenant, it simply protects you from losing the apartment just bc another person comes along who will pay more, or whatever.

It should also require your approval AND the landlord's for renewal.

[skygazer]

11. Another thought

Many communities have tenant's rights advocates or commissions that can help you. Check the yellow pages or call the town offices and ask if there's anything like that.

[huskerlaw]

13. I'm a lawyer...

and I'm glad you already got an attorney. My advice to you at this point is to start researching your state's landlord/tenant laws (http://realestate.findlaw.com/tenant/). This serves 2 purposes: 1) you can feel proactive. I know you're going nuts waiting for the attorney to call back...it might feel better to be productive and 2) you'll know the "legalese" so that when you meet with the attorney, he/she doesn't have to spend as much time explaining the terminology.

Good luck!

[flvegan]

16. I don't know about the laws in your state, but here, the law

states that once the contract (lease) expires, it's over. You've given notice.

Hell, tell your landlord to start suing every tenant she's ever had then, as they have the same interest in a vacated, non-leased apartment as you do.

Everybody talks about suing. The great American fear tactic. Her lawyer will laugh in her face.

[Random_Australian]

18. Freak. That.

What a god-awful bitch.
Preparing Rant:

:rant:

WHO IN THEIR RIGHT MIND WOULD BE SUCH A WITCH!

THERE IS NO COMMON DECENCY ANYMORE I BET THAT MINGY DRONGO COMPLAINS ABOUT THE STATE OF THE NATION SHE HAS JUST LOST HER RIGHT TO COMPLAIN ABOUT FREAKING PRETTY MUCH ANYTHING HOLY COW WHY ARE THERE PEOPLE LIKE THAT HERE ON EARTH!

WHAT KIND OF SICK WORLD LETS IT'S KIDS GROW UP LIKE THAT WHAT KIND OF PARENTS WOULD RAISE THEIR CHILD TO BE SUCH AN UNCARING BITCH AAAAAAAAAAAAAAAAAAAAAAAAAAAGHHHHHH!!!!!

(end rant)

I feel better now.

Best of luck my friend, and remember, there are good people out there.
And if there isn't, bad people can always be converted to good.

Please don't fall into the trap of becoming mean yourself, it would be too sad to see that happen to a DU'er.

Best of luck, Best of wishes.

[Random_Australian]

23. Wait,

if this is her only source of income I could empathise I supppose... I thought she was just bieng mean. Not that that excuses her behaviour.
(Went nuts cos' when I started posting there was only two other posts)

Best of luck anyway

[lizziegrace]

24. She owns a winter house in Florida

She's not poor by any stretch. It's me driving the 12 year old rusted car...

[LaurenG]

19. Bottom line the Landlord is lying

I'm sorry you are upset, these things feel horrible but you are going to be OK. It's going to be OK.:hug: :hug: :hug:

[TheProphetess]

21. It sounds like you could use a hug

:hug:

It will be ok. The other posters in your thread seem to be on the right track. If you haven't signed a new lease and have, in good faith, contacted your landlord to give notice then it sounds like you are in the right. If your landlord won't speak to you or give you her direct address for you to contact her, then it sounds as if you did what you could to give notice. She's the one who is being difficult. It sounds like she's just trying to scare you.

Good luck to you. I was just saying the same thing a few minutes ago, "Nothing is ever easy!" It's been a rough few months for me too - doctors, pharmacists, insurance idiots all messing up and I have to deal with their screw-ups which impact my life. If I weren't taking medications, I'd seriously get drunk!! If you can do it, have a shot of something good for the both of us! :beer:

[lizziegrace]

32. Prophetess

If I could drink I would. Medication issues.

I've been reading about your situation. Seems the universe is making serious attempts to make us need to drink to cope!

:hug: to you. Chronic pain is the worst.

[leftofthedial]

22. this is an ownership society

instead of whining, you should work hard and buy your own rental units

then you can shaft renters too.

:sarcasm:

good luck.

[Katherine Brengle]

28. your post gave me eXtreme joy, lol. n/t

[ThomCat]

25. Automatic renewals of contracts

can be fought. If you've made a reasonable effort to notify her then she can't object. She can't ignore your communications and then claim she never received them.

She'd be wasting her money and yours if this goes to court. Please don't let her pressure you into being a cash cow for another year.

[lizziegrace]

26. Thank you

the wrinkle in this is that the original lease was with a management company she fired over a year ago. I was assured that she would honor the lease that I signed as well as her niece. They both have the same noise clauses in them but for some reason, she's ignoring it for her niece but trying to put the screws to me about terminating the lease.

I can't tell you how awful this has been.

[Katherine Brengle]

27. Agreed--

The legal system most often settles on the side of tenants. I think a lot of this is due to the general craptastic shadiness of a lot of landlords (like mine--I understand how aggravating this is, believe me).

[NV Whino]

30. Lawyer letters work wonders

It will cost you a bit to meet with an attorney and have him or her write a letter, but that usually solves things like this where the other person is trying to bully you. And that is exactly what it sounds like.

I had a hospital dunning me for money that I didn't owe for over a year. Even they recognized that I didn't owe the money, but their computers kept spitting out the bill every month... with interest, of course. Finally I asked a lawyer friend of mine to write a letter. Never hear from them again. See, even computers understand lawyer letters.

[AtomicKitten]

31. two things

1) She is required to give you a street address in the lease to send the rent that and also where she can be contacted in legal matters. Short of that, you can call the Tax Assessor in the city you live in, explain your situation, and they should have a proper address on file for her. That's sort of after the fact now, but is for future reference.

I hope you kept a copy of your letter to her in December that accompanied your rent check. If she cashed the check, she got the letter. She has been given proper notice.

2) You are entitled to "peaceful enjoyment of the premises." Since she has not dealt with the nightmare you referred to, tell her you will sue her for uninhabitable premises.

And then sit tight. She doesn't have a leg to stand on. If she TRIES to sue you, you can get help in your city with legal services and answer any Complaint she files, but it must be timely.

It sounds to me like she's blowing smoke up your skirt.

Don't be bullied.