I was taking a nap this afternoon and I woke up to Greg asking me if i had "heard the conversation he just had." I of course said "no" and he said..."well, that was Trey (our landlord) at the door, and he told us we have to be out in a month."
I thought he was kidding. You have to understand, Greg teases me about stuff like this all the time -- tells me flat-out lies and then revels in my gullibility. And then professes his subterfuge and apologizes through his guffaws.
So it took me a good five minutes to believe him.
We were being evicted! Us!! Like we were stupid drunk college kids that had parties all the time, or never paid rent, or made the apartment a mess. EXCEPT WEREN'T NOT!
The worst crimes we have committed were not always doing the recycling (horror!) not closing the gate that faces the street (which we started doing faithfully after he lectured us) and paying our rent on time. Except not on his time, which is apparently THE FIRST MINUTE OF THE FIRST HOUR OF THE FIRST DAY OF THE MONTH.
we were tenants from hell, apparently.
Our landlord's reasons? He wants to fix the plumbing (??? can't do that with us here??) and needs a place for his 'girl' ...(if this man has a girlfriend i am a green-snouted heffalump.)
So he's basically just lying to us and kicking us out in a month. Or maybe two if we're lucky. And the worst part is, we *want* to move...but we were counting on this cheap apartment to see us through until we could save up to go somewhere we really wanted.
So our only option is live in town, because neither of us is ready to leave our jobs on this short of a notice, and "town" is right between our respective workplaces.
In conclusion, we will instead be traveling around the country in a van with two cats and five ferrets, mooching off the hospitality of beloved Hatrackers.
posted
Get a van with a mechanically injected diesel engine and I'll turn it into a greasecar for you.
Posts: 4753 | Registered: May 2002
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posted
In most states (no idea about the specific laws in yours) he may not be able to kick you out. Certainly not for anything other than the plumbing. (Not any of the "infractions," not to move in someone who is not a close blood relative.)
But if he is tearing out walls or doing other major work on the apartment that makes it unlivable, that may work as a valid excuse.
Is there a tenant/landlord dispute service in your area? They are often paid for by the local government, and free to you.
Posts: 32919 | Registered: Mar 2003
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posted
Does he have another apartment open to offer you? If not, your state may require relocation assistance, possibly including relocation reimbursement for your moving expenses and even paying your first month or two of rent. I'd check the laws out, if I were you.
Posts: 21182 | Registered: Sep 2004
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posted
Well, we're on a month to month lease, which is why I think he can do what he's doing. And he said he'd give us two months if we needed it, so I don't think there's anything we can say about it.
Either way, i'm not too bent out of shape because we wanted to move some time soon anyway, this just makes things inconvenient having to do it on short notice before we're ready.
Also, about the gate, it's just him on the bottom floor of the house and us on the top floor. the gate is an entrance at the front of the house, but the back yard of the house just leads out into the street behind us. So it's not an issue with pets or kids getting out. Originally when we moved in he asked us to make sure to close the gate at night when we use it. So we did, but sometimes we'd leave it open during the day, or for short periods when we needed to walk back and forth or just leave for a short time. He would go out and close it right after us, even if we were just walking from the car to the apartment and back. and then accosted us one day about our not closing the gate. We've been better since then.
This man is really crazy, don't even get us started on how he repeats everything he says atleast 3-5 times during the course of a conversation!
Posts: 8741 | Registered: Apr 2001
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posted
Also, he may not legally be allowed to give notice verbally. I'd check that out if I were you. If that's the case, then you could potentially just not bring that fact to his notice until he starts pushing you about moving - it may extend your stay by another month or two. More prep time for you. Sucks for him.
Posts: 8355 | Registered: Apr 2003
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posted
oh, and his reason for wanting us to close the gate at night(which doesn't lock, just closes), was so drunk college kids at night would be deterred from using our walkway to walk from the main street at the front of the house, through to the alley behind the house, as a shortcut. And he said that he felt the closed gate, even though it wasn't locked, would be enough deterrant.
So why he hounded us to keep it closed during the day is beyond me.
posted
The real annoyance is not the kicking out, it's that he's actually doing it. Because he has no reason too, and it's just unbelievable how much we've had to put up with from this guy and that he would actually have the nerve to kick us out. With *undoubtedly* made up reasons.
You can totally get me started on how he repeats things 3-5 times (that's really generous, Greg, try 10-15)...i don't usually have a problem with marijuana, but when i see it do that to a persons short term AND long term memory...i start to wonder. Posts: 3516 | Registered: Sep 2002
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posted
I do not know the laws in your state. But in California, being on a month-to-month does NOT mean that the landlord has the right to terminate your tenancy without VERY specific cause(s). Primarily you failing to pay rent on time, and him giving you a 3-day-notice to pay or quit. Even in that case, paying all past due amounts within the three-day period would keep you from being evicted.
I know CA laws are very tenant-friendly. But I would bet that he CANNOT simply terminate your lease without jumping through many many hoops -- and all in writing. Additionally, as kq mentioned, likely he has to pay you some amount of moving expenses.
posted
*blink* In PA, it looks like perhaps you can be evicted simply for having your lease expire.
Wow. So not true in CA! Anyone know which is more common in the US as a whole (since these laws vary state by state)?
Posts: 32919 | Registered: Mar 2003
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posted
As Rivka said, it is very difficult to evict tenants, not that you want to be one of those difficult people, but I know landlords who have not been able to get people out for years. (and these WERE bad tenants)
Posts: 10890 | Registered: May 2003
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quote: *blink* In PA, it looks like perhaps you can be evicted simply for having your lease expire.
I don't understand why this is a bad thing. I understand that it sucks for the tenant, but it's a business arrangement that the landlord has decided not to renew. He's not breaking a contract, he's just not renewing it.
That's all general, of course. I don't know what your contract says, Leo and Strider. From what Rivka linked to, at the very least he has to give you written notice.
Posts: 4625 | Registered: Jul 2002
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Ok, I'm not sure if I'm just accustomed to CA law (which I've dealt with both as a tenant and a landlord), or what. But it seems to me that a tenancy is in many ways different than other legal contracts. That's someone's home. Evictions can mean (especially if the housing market is tight) that people quite literally have nowhere to go.
Many tenants are month-to-month. Which means that in PA, a landlord can get rid of a tenant with 30 days notice at any time. That seems unreasonable to me.
Dunno. I live in a city with rent control, which I have mixed feelings about. Posts: 32919 | Registered: Mar 2003
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posted
I'm with Zan on this one--seems perfectly reasonable for either party in a contractual agreement to have the right not to renew the contract once it has expired.
Posts: 16059 | Registered: Aug 2000
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posted
Yep. (Agree with Noemon and Zan.) I might feel a little differently if it was a multi-unit complex, just because I'm expect full time property managers to be running their business more from a business standpoint. But if it's just a duplex he's renting out half of, and he wants you out so he can do some repairs and then move a friend in, while it might be kinda rude it's perfectly within his rights.
The people I've known who have had to deal with this, however, were either given plenty of notice (We're rehabbing units one at a time, you're is scheduled for 6 months from now, you'll need to move out on xx/xx) or given incentive to move quickly (we're turning the building into condos, if you can be out in 30 days we'll give you $500 and your full deposit back without an inspection.)
But he did say he'd be flexible if you can find a place right away, didn't he? That was actually pretty nice of him.
Posts: 7954 | Registered: Mar 2004
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rivka, I've never been a landlord, but every time I've signed a lease for an apartment, I looked at it as this will be my "home" for one year (or however long the lease is). At the end of that time, the landlord and I will decide whether or not to renew the lease.
Especially in a case where the landlord is renting you the top floor of his house. If it were my house and a friend or relative wanted to rent the top floor, I would see it as unjust for the law to tell me I couldn't do so once the current tenant's lease has expired.
I feel for you guys and I agree that your landlord's verbal eviction is not good enough. He better produce something in writing.
edit to add that I agree with Eljay about the multi-unit situation.
posted
States (like CA) that do not allow landlords to evict tenants without cause generally have a clause that allows such evictions to move in a relative -- or yourself.
Posts: 32919 | Registered: Mar 2003
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Our landlord came and woke us up this morning by shouting into our apartment, then brandished a piece of notebook paper with an address on it in front of Greg's nose.
"Here's an apartment I stayed in a while back, it's the best deal around. I just want to get this all squared away."
Translation in Trey-speak: Here's an apartment -- get out.
Greg: Well, we'll definitely look into this, but we can't just move that quickly.
Trey: Well, Kira wanted a month-to-month lease.. (i did? I thought we all did!)
Greg: Well, i know that, but we still have until the end of the month.
At which point i saunter into the kitchen clad in stripey pajama pants and Greg's spring jacket.
Trey: I just need to get this taken care of...(much hemming and hawwing ensues in which he basically accuses us of having:
a) purposefully put something down the drain to clog it and then not telling him b) purposefully sloshed water over the side of the tub, flooding his ceiling, and then lied about it c) been irresponsible college kids who caused fire hazards and left wiley gates open d) purposefully putting grease down the kitchen sink and not telling him e) put "WOMEN'S SANITARY NAPKINS" down the toilet and how those clog up the system and how somehow if they do that's MY fault (!?!??!)
And he was just a general, all around a$$, insinuating and smirking at us and then refusing to believe anything we said or defended ourselves with.
Finally I said "So rather then bringing a plumber in and seeing what the problem actually is, you're just going to kick us out?"
To which he replied: "I'm 100% certain that it's something you guys did."
To which I replied: "Well, it wasn't, and if it was it was something completely unavoidable, like toilet paper, etc."
Then he hemmed and hawwed somemore, saying he'd never had a problem in 23 years and how that must mean that it's us (although i bet i could call my father (who lived here before us) and he would attest to having had slow drains as well)
Basically, we didn't know that anything we were having "slight" problems with was affecting him in any way. He assumed (and still assumes) that because we didn't complain about the slow drainage in the bathtub and bathroom sink that that means we, in fact, *caused* the clog.
When i brought up that he could check the problem out with us still living here, he backed down a bit, eventually even apologizing if he had sounded "Clip, short, rude, arrogant, etc." (yes he actually listed them.
Apparently, once we got him calmed down, Trey explained that all the things we put down the sink and/or toilet are now going into his dishwasher and kitchen sink. Gross! But certainly not our fault. And i said we were more than willing to go through whatever to get this problem solved.
He's not getting a plumber until monday (really? cause that's a pretty huge problem and i'm sure any plumber would understand that it needed to be taken care of immediately!) and Trey even rescinded his "eviction" notice.
He said "Forget that i told you to get out" and then asked if there were any hard feelings and Greg and I both gave each other a look. I was much more eager than Greg was to smooth it over, although i don't really know why. I am kind of disappointed that we aren't forced to move now, since i just don't like this apartment that much. So we basically yes "i guess, but we don't appreciate you accusing us of doing this deliberately" to which Trey had no reply (no adequate reply, at least)
So thus endeth our saga...for now. We'll see how this all plays out on Monday -- i'm sure the problem is either a toilet paper clog or faulty piping, neither of which is truly "our fault" So i guess we're staying here.
posted
Man, he sounds wacko. I'd totally still be looking anyway, 'cause what if enxt month he freaks out about something else?
Posts: 7954 | Registered: Mar 2004
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posted
Also, thanks for all the links and helpful advice people posted. I do just want to make a note of the fact we never said that we thought that what he was doing was illegal or not within his rights. We just thought it was a crappy thing to do. We always understood that given the terms of the lease if he asked us to leave with proper notice, we would have to leave.
Posts: 8741 | Registered: Apr 2001
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posted
That guy is weird. You should start looking for another place anyway. And make sure you give him the proper notice when you leave, because he sounds like enough of a jerk to hold you to a contract even if he doesn't want to go by it.
Posts: 4625 | Registered: Jul 2002
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I called my dad to appraise him of the situation, whereupon I asked him the $64,000 question: Did you have problems with drainage?
Dad: Oh, absolutely! The shower drained slowly and the bathroom sink too -- Trey was up here maybe five, six different times with liquid plumber, trying to get them to move faster.
So our landlord lied right to our faces, on a subject matter that we could easily prove or disprove (i bet we could even get the previous tenants digits and call him up if we wanted -- he used to teach in my dad's dept. at the college)
What. An. A$$.
i really wish we had the money to move, because i still want to. Even more now, because now I'll constantly be rethinking everything i do to make sure he won't get mad about it!
posted
I'm with the folks who say to look for a new place, but I know that moving is expensive and I don't know what the housing situation in your area is. I'm glad this was resolved for the time being, but you should never have to feel uncomfortable in your own home.
Posts: 3037 | Registered: Jan 2002
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posted
uw, to my knowledge, yes. It's just a lot more high maintenance than tossing fuel into your car at a station, but it's supposed to work great.
Posts: 4753 | Registered: May 2002
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posted
Basically, the rent here is insanely cheap: $475 a month for a two-bedroom apartment with an attic that we use as a den.
It's not going to get any better than that. Plus, this is a college town, so most places rent only by the semester AND don't allow pets. An annoyance, i assure you.
So we're sticking around here as long as we can, which will only be until the end of the summer because we really want to move just in general.
Although if our landlord would lie that blatantly about the main crux of his "wanting us gone" then i don't know if there's that much hope for us.
We will persevere!
Posts: 3516 | Registered: Sep 2002
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posted
Talk about a change. I used to pay $830 a month for a 1 bedroom apartment in North Jersey. This place is bigger and pretty much half the rent. There is no way we'll ever find a deal like this again.
Posts: 8741 | Registered: Apr 2001
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posted
That is cheap. Is it possible he wants you out because he has realized he could be getting more for the place?
Posts: 4625 | Registered: Jul 2002
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posted
He wants us out because he doesn't like us, for the reasons I mentioned in my second to last post, about him thinking that we've caused all these problems by being negligent and disrespectful.
And yes, we have five lovely ferrets Posts: 3516 | Registered: Sep 2002
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posted
Yay fellow ferret lovers! We have seven, and had a darn hard time finding someplace that would rent to us. They never seem to listen to the part about how they live in a cage, sleep 20 hours a day, and are only let out under supervision; the second we say the number I swear I can hear the door slamming shut in their head.
Oh well, we eventually found some really cool landlords (husband and wife) with a house we like very much, so all's well.
Posts: 957 | Registered: Aug 2002
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