You have nothing to be concerned about. That's discriminatory and illegal. That's like saying "I'll never rent to a black person again". If he ever puts that in writing, keep it and you have yourself another out.
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Landlord issues
- Thread starter rontheancient
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You have nothing to be concerned about. That's discriminatory and illegal. That's like saying "I'll never rent to a black person again". If he ever puts that in writing, keep it and you have yourself another out.
If the tenant advocacy board you spoke agrees that the notice you have given your landlord is legally adequate, your next actions are dependent on a few considerations:
1. Will you need a reference from this guy in the future?
2. Is he the kind of person that will provide a poor reference no matter what you do?
3. What is the likelihood he will actually try to sue you?
4. Can you pre-empt a lawsuit by asking the tenant advisory board to write a letter informing him that your notice is adequate?
I would leave. It's his fault he didn't create another lease. Even in instances where I went month-to-month, I still had a lease stating such. A lease protects both you and the landlord.
On top of it, he's acting horrible. I would move everything out, then let him know that the keys are on the counter. You aren't liable for anything. He has absolutely nothing against you.
On top of it, he's acting horrible. I would move everything out, then let him know that the keys are on the counter. You aren't liable for anything. He has absolutely nothing against you.
It's too hard to tell if he is willing to move forward to this threat. His threatening emails sound a lot like overconfidence and self-lawyering, along with assumptions that repealed laws are still active.
He wanted to sell me the place (he's a real estate agent) for about the same price he bought it in 2006. Units nearby are valued at a fraction of the cost. So I believe he's an jerk.
I've been told that's a good plan.
I'll update with how the new-tenant thing goes!
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Oral contracts, or as they are called parole contracts, are 100% legal binding contracts. As long as there is a meeting of the minds they are enforceable. in order for a parole contract to become legal it must meet certain criterial like be less than a year. The agreement with the OP was for less than a year.
You can't file harassment charges if you have a legal binding agreement.
If I was the landlord and you threatened me with the police, I'd tell you to go ahead and call them. Police would do nothing except tell you to call an attorney. The only time the police get involved is when an eviction is ordered by the court and the landlord regains possession. I've been involved in those on commercial property.
Parole contracts are hard to prove without a witness but very much enforceable.
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That is 100% illegal and if he doesn't rent to her I would file a complaint. There is your out. You can claim he acting unreasonably if she a fully qualified except being a female with or without proof.
Oral contracts are only enforceable with ample evidence. 2 people arguing over what the agreement was isn't going to cut it.
Unless the landlord has proof of the oral agreement, such as a recording, video, or admission from the tenant in an email, then it's meaningless.
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You most certainly can. It appears that the landlord is making threats and crossing in to the threshold of harassment. You can't do that, whether you have a legally binding agreement or not.
Update...
The feedback from the lawyers I talked to was pretty consistent:
That said, it seems like there is some miscommunication on my part about paying Feb rent and I sent over email to clarify that while I'm moving out early, I'm still paying Feb rent per state-law. We'll see how he responds.
And the prospective tenant was a no-show. Seriously?! If you agree to meet at a time and a place and change your mind, at least give the courtesy to cancel.
The feedback from the lawyers I talked to was pretty consistent:
- The landlord is definitely self-lawyering since the threatening e-mails used repealed laws and had improper use of legal terms
- The lease was poorly written and clearly not reviewed by a professional before being used
- The landlord inadvertently confirmed my month-to-month status via email, so state-law of 30-days notice is applicable
- The landlord is behaving unprofessionally, and even more so considering he is a real estate agent
That said, it seems like there is some miscommunication on my part about paying Feb rent and I sent over email to clarify that while I'm moving out early, I'm still paying Feb rent per state-law. We'll see how he responds.
And the prospective tenant was a no-show. Seriously?! If you agree to meet at a time and a place and change your mind, at least give the courtesy to cancel.
The tenant agreed to meet you and then went against what they said they were going to do?
Hmmmm.....
JK.
I'd find a new tenant for the landlord. That way you can get out of it and still get a good recommendation from him/her
Just pay the Feb. rent and leave. Don't worry about any of the rest. Then it's up to him if he wants to pursue anything further, which he probably won't. His lawyer will probably tell him he can't prove his loss, and he would be taking a chance on your not showing up in court when he tries to get a default judgement. So just go and not worry about it for now.
Update...
The landlord has finally backed down. The plan forward is pretty much the same as in the first post...
I'll be moving out-of-state before Feb (aka next week), but since I'll be paying Feb rent, should I hand over the keys now or when the new tenant takes over (or end of Feb)?
I only ask since I can totally see this landlord trying to double-dip.
The landlord has finally backed down. The plan forward is pretty much the same as in the first post...
- Feb will be the final month, per state law
- Both Landlord and I will attempt to find a replacement tenant for Feb
- If a replacement can move in during Feb, I'll get a pro-rated refund of rent
I'll be moving out-of-state before Feb (aka next week), but since I'll be paying Feb rent, should I hand over the keys now or when the new tenant takes over (or end of Feb)?
I only ask since I can totally see this landlord trying to double-dip.
I was a landlord for over twenty years and spent some time in small claims and district court with a few tenants. It didn't sound like your landlord had much of a case and I see he backed down in the end.
My advice would be to draw up a short statement he signs saying he agrees that the apartment was left in good condition, no further money is due and upon returning of the keys you have no further obligations. If your deposit was a security deposit and not for cleaning, that should be returned to you also. I would use the possible double dipping incentive to get the statement signed and the security deposit back before you leave.
If you keep the keys you will still be responsible for an apartment you have no control over since you will be out of state. Why care if he double dips? Also, don't waste your time trying to find a tenant (from out of state!) that might not meet whatever criteria your landlord decides upon. Just walk away clean and protect yourself.
Didn't the landlord break the verbal contract by not providing the paper one? How can you break it if he broke it first?
Anyway, glad you got it sorted. Renting can be incredibly stressful as there is too much grey area in contracts, even verbal ones.
Anyway, glad you got it sorted. Renting can be incredibly stressful as there is too much grey area in contracts, even verbal ones.