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View Full Version : 13+ years in duplex now with 30 day notice


kristi_hill7
12-30-2007, 09:02 AM
I have lived in my duplex since July 1, 1994, 13 years 5 months and 29 days. I signed a one year lease that ended on August 31, 1996. October 29, 2004, ten years later, the duplex was bought by an out-of-state landlord. He presented myself and the other tenant with a new lease that was never signed by either myself or the other tenant. Some of his requests in his lease were above and beyond what the previous landlord asked of us. He purchased the property sight unseen and didn't enter the property until December 30, 2004 and was here in one room only minutes. He has no idea what condition some rooms were in when we moved in, improvements I have made at my own expense, lawn service I hire and pay to keep my half of the yard in mint/pristine condition. The other tenant doesn't do any lawn care at all and is handyman disabled.

In September 2007 of this year I was laid off from my job :mad: and began collecting unemployment which fell short of our set bills by nearly $800+. I am a single mom of two children and support my family on my income alone as their father is over $50,000 behind in child support and cannot be located. I did not communicate my employment situation to my landlord as I feared he would take advantage of me during this difficult time for me and my family.

I knew making my $600 rent payment each month would be hard so I sought assistance from various Health and Human Service agencies for the past four months. September, October, November and December rent were all paid to the landlord and I am current on my rent.

I begin a great job the first part of January 2008 which I am very excited about.

My landlord sent me an e-mail that he wished to pick-up December rent while he was in town this past week. If the full amount of December rent is not received by December 27th I will be implementing the following plan:

1) I will turn the property over to a property management company. At that point, all contact will be between you and the property management company.
2) You will receive the proper 30-day notice that the rent will be increasing $100 per month (at the current time we only have a month-to-month lease agreement)
3) Going forward if the full amount of the rent is not received by the 10th of each month, the property manager will send notice and implement the correct procedures and notifications regarding the eviction process. Once begun, the eviction process will carried out.

On December 26th I had all of the $600 December 2007 rent paid as follows ($450 I paid and he picked up at the duplex) $150 was mailed to him at his Colorado address on Saturday, December 21st by the Society of St. Vincent De Paul) which is part of my local parish. The Society spoke to him on Saturday, December 21, 2007 advising him of their mailed payment. Thus, I met his demands of having this all done by December 27th per his e-mail to me.

On December 26th I included in my envelope a letter outlining reapir items that he was aware needed to be taken care of:

Bathroom has no heat, wall heater was removed due to inoperability over a year ago, and a new one was purchased at his direction but never installed by an electrician. We have a gaping hole in the wall with exposed wires.
Driveway is falling apart and re-bar is sticking out of the concrete and has punctured my tires and friends/families tires.
House is in need of being painted - paint is gone in many areas down to the wood.
Front porch concrete steps are disintegrating with re-bar sticking out.
Kitchen floor vinyl is coming away from the floor due to dishwasher leaking into subfloor.

Friday, December 28th I was served with a 30 day notice to vacate by January 31, 2008 and he hired a management company and we were instructed the landlord will no longer take calls/e-mails from my neighbor and I.

I don't have the money at this time to move in 30 days as I am just starting a new job, this has been our home for the past 13 years, and I feel as though the landlord is retaliating because I asked for him to make some repairs.

I plan to call Legal Aid when they open, but would appreciate knowing if I have a legal case to stop him from asking us to move or to be able to allow us more time to move.

Please help with any advice or direction.

panther10758
12-30-2007, 11:09 AM
Everything he has done was legal. I know thats not what you want to hear but he did act within his rights as a property owner/Landlord

Troubleshooter
01-02-2008, 09:27 PM
Several facts:

- While you were on a month-to-month lease, he could have terminated both leases the first month he owned the building, if he had purchased the building for purposes other than renting to tenants.

- An existing lease for a set term must usually be honored by the new owner until the lease ends. A month-to-month is good for just a month.

- A landlord can charge whatever rent he desires. The $100 increase is probably to pay the property manager.

Personally, I believe that each landlord should be required to live on the premises of the apartment building he owns.

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