Month to Month Term

[StacyMarie]

I was on a 1 year lease that ended on June 15th 05. My landlord stated we would renew at that time, however I did not hear from him for 3 months. Finally on the 19th he came to me and told me that he was ready to renew. He charged me the security deposit and cleaning fee all over again. And said I owed it all on the 1st of the month. And that I was now responsible for all repairs. I decided I did not agree and looked to move out. Because of this, I found a place that is available on the 1st. Now that he only gave me a 12 day notice, I can't give him a 30 day notice to move. So I am stuck. What can I do? I can't afford to pay both places.

[cactus jack]

Move out to the new place and forget the old place. He'll keep your deposit, so don't plan on getting that back. If he wants to take it further, don't help him. Just bail out and move on with life. But make sure you document everything that happened and will happen, and kep it in your records for future use. If he decides to sue, you can use those records for your defense.

[StacyMarie]

Thank you. I wrote up a notice to move out stating that I could only provide him with notice enough that he gave me. Just so that i had it in writing that I was moving. And then I am going to clean up and leave him the keys. He told me his attorney would contact me, but I have so much on this guy. Things like he lives in the house sometimes for weeks at a time in the mother in law suit, and that is not listed on the original lease, and he pays me nothing for maintaining the refrigerator or air conditioner in that part of the house, in fact when I moved in and signed the original lease, he told me that was storage only!!

[grasmicc]

Unfortunately you made a mis-step here, although I agree you are getting screwed.

What you should have done was given 30 days notice and just paid the normal rent for that month, ignoring his request for the additional $. Then at the end of the 30 days you would move.

The other issues that you talk about probably are not going to help unless you can prove that you complained about them at a prior date.

[StacyMarie]

Actually I got an attorney and she sent me the ARS 33-341 and 342 which states that on a month to month, after a change I am required to give him 10 days notice, in which in a 31 day month, means I had to send him ceritified mail by the 22nd of the month, which I did yesterday.

[grasmicc]

Good to hear that .

[cactus jack]

Right on Stacey! I should have double checked the state laws on that before telling you what I'd do. Of course I'm always doing foolish stuff anyways, and I doubt you'd want to do some of that!

I wish you the best!

[StacyMarie]

Originally Posted by cactus jack

Right on Stacey! I should have double checked the state laws on that before telling you what I'd do. Of course I'm always doing foolish stuff anyways, and I doubt you'd want to do some of that!

I wish you the best!

If I didn't know a friend in real estate law, I would have done just what you said. My land lord is blaming it all on the age gap and being disapointed in Generation X. haha. I think it has more to do with him NOT knowing the law and trying to take advantage of generation X and a single mom with kids. He assumed I wouldn't know any difference and would just back down and pay him.

Thank for the well wishes, I'm just excited to move on to a better place.

[cactus jack]

Yer welcome Stacy!

[elklaw]

You are only required to give 30 days notice, so give it, move and expect for the difference to come out of the deposit.