is anyone here a landlord?

[Guest LadyC]

ok, but in the original lease before it expired, it had to specify how many days in advance you had to give notice.... unless he has given you a written "addendum" changing that amount of notice, then he is legally bound to only hold you liable for the length of time that was in the original lease...

did you give him as much notice as was in the lease prior to its expiration? if you did, then i think the courts will probably rule in your favor.

[RedeemedByHim]

well..i am not going to worry about it..he doesn't even own the property...a trust fund does..he just manages it and I want to speak to those people...He also threatened my old neighbors downstairs and never followed through on it...I think he is just trying to scare us into more money...If he really pursisted..i would pay him 80 somthing dollars for those five days since I split our rent into 30 days and rent is only like 18 dollars a day...if he doesn't want to take that..then too bad...

[RedeemedByHim]

well..i am not going to worry about it..he doesn't even own the property...a trust fund does..he just manages it and I want to speak to those people...He also threatened my old neighbors downstairs and never followed through on it...I think he is just trying to scare us into more money...If he really pursisted..i would pay him 80 somthing dollars for those five days since I split our rent into 30 days and rent is only like 18 dollars a day...if he doesn't want to take that..then too bad...

and may I add that I used to work for him and he has only been treating us bad since I quit working for him...which for that I did give a notice...as far as working for him goes...

[MorningGlory]

if anyone in here is a landlord or even a lawyer for that matter..I have some questions for you...

I'm a landlord. What is the question?

[Babylove]

I live in Canada so I'm not sure if it's the same, but here, if something is stated in the lease you signed which is not in agreement with the residential tenancy act, then the act prevails. I used to be the manager of one site working under the largest rental property across Canada (Boardwalk), and we even had written on the end of every lease that the residential tenancy act prevails over anything stated in the lease...in other words, if the residential tenancy act where you live states that you gave proper notice to move out, but the lease you signed states that you needed to give more notice than that, then the tenancy act prevails and you only have to give the amount of notice that act states, not the amount that your landlord states. If that is the case for you.

From what I understand, if you sign any contract (ie a lease is a contract between a landlord and tenant) and in the contract something is stated that is against the law, that doesn't make it legal. For example, in Canada it is against the law to pay someone 'under the table' (pay them directly in cash without claiming anything on taxes) even if an employer did up a legal contract stating that the employee was going to be paid under the table, and the employee agreed to and signed it in a legal form, that doesn't make this clause in the contract legal because it goes against the law (sorry, bad example, but it was the only one I could think of). The residential tenancy act is the law governing landlords and tenants, and no matter what your landlord states, and no matter what is in your lease - whether you legally signed it or not - your landlord cannot do anything that is against the residential tenancy act. If it is the same where you live (and I would assume it is) and you gave proper notice to vacate as per the law where you live, there is nothing your landlord can do and if he tries to take you to court, he should loose.

How much is five day's worth of rent for you? Just to let you know, the company that I used to work for used to threaten legal action for unpaid amounts all the time, but (from what I was told from someone higher up in the company) they never actually went through with taking a tenant to court for anything less than somewhere around $100. I'm not saying that your landlord will be the same as this, but I thought I would just let you know.

[MeCajunboy]

If your landlord was a nice person he would prorate the 5 days for you, but since your agreement is month to month he does not have to. He can require you to pay for a whole month if you inhabit the residence any part of that month.

Was there a written agreement beforehand about how many days you had to give your vacate notice in advance?

Well...we will be out before the new month begins...and normally I would have done 5 days...but he refuses to pro rate it for us.....

There should be a "small claims court" in your area. I'd give them a call if I were you, as this is where your landlord will take his claim initially. Then if they tell you that the landlord is right in his request, I'd simply tell his that I will be storing some of my furnishing until the last day my rent is paid up until and he is not allowed to enter or show it until after that date. Simply leave some of your belongings there until the last date, and he should not be able to touch the apartment until the closing of that day. Either this procedure or simply let it all go, give it to God, which is what we should all be doing and pray for the pour soul as he knows too well that he is not being cooperative and sincere in his dealings....God will deal with him later!

P.S. You may want to find out these type of details before you rent again. Keep things on a professional level and most landlords will respect you for it!

Best wishes

Cajunboy

[Babylove]

he is not allowed to enter or show it until after that date

I'm not sure if it's different in Canada, but he can still enter and show the apartment. All he needs to do is to give a written 24h notice of entry. Also, where I live, the residental tenancy act states that, once a notice to vacate is given to the landlord in writing, that gives the landlord the right to show the apartment without giving 24h notice. Not many landlords actually will do this, but they do have the legal right to. In fact, Boardwalk has pre-made notices to give to tenants for different reasons, and one of the reasons listed on it that can be choosen is that 'we (landlord) entered your suite for the purpose of showing it.' it goes on to basically let the tenant know that, we wanted to show your apartment, you were not home, so we went in and showed it anyway. We were informed that the only reason this option was included on the notice was because legally, once a written notice to vacate has been received by the landlord, that landlord can enter the apartment without notice for the purpose of showing it to a prospective tenant, but they did not want us to ever use that option, and to always give 24h notice to a tenant before his/her apartment was viewed by a prospective tenant, because doing otherwise usually ended up in an argument from the tenant, so it was just easier to always give 24h notices.

[Iryssa]

Yes, in Canada (at least in Alberta), the landlord does have the right to enter the property with twenty-four hours written notice (and, unless granted entry by the tenant themselves--i.e. the landlord cannot use his/her own key to enter--they are required to give that notice by law).

I'm in agreement with everyone else here, pretty much: check what your lease says. Unless you signed the original lease and it says "45 days notice," you have given him plenty of time, provided that your state does not require 45 days. I'd google "Minnesota State Rental Agreements" or "Landlord-Tenant in Minnesota" or something like that. Find out what your state's law says, and, if necessary, print off a copy to give to your building manager with the appropriate section highlighted. Usually that's enough to scare them off pursuing the matter in court (I've done this with jobs and with landlords, worked every time).

[Candi770]

Yes, I'm a landlord, It depends on what the lease says. When leases here go to month to month status, they can give a 30 day notice, but if that is on the 15th of one month-they are required to pay 15 days into the following month-This being a full 30 day notice and 30 days that I can take to prelease the unit. With that month to month lease our residents have the ability to get their security deposit back, it's not like they have broken a lease agreement, but they must give written 30 day and pay through that notice.

Read the original lease and if you can't see where it says 45 days then take it to him as ask where that is stated. He has to still honor the terms of the lease. Get advise from an attorney. But, if your talking less than a $100.00 dollars, is it worth going to court and possibly losing and having to pay attorney's fees, and if you are wrong=what witness is that??

Concerning entering the unit to show units. Some moveout requests that are given from the office to resident's to fill out have an area that states that the resident gives the complex the right to show the unit. But I won't do that unless I have first called the resident, who would ever want someone to just go into their unit, their house could be a mess, I wouldn't want to show a messy unit to a prospective-then I wouldn't be able to maintain my high occupancy rate I do.

Landlords should always honor the contract, and Christians should always be a good witness.