30 Days!

A

abi-lou

New member
Well I got my 30 days please leave notice from my landlord because he is a douche! LNB Properties and Mike Leone are unethical bastards!

My lease states: " This lease agreement is for a term of 12 ( the term ) ending on the lease expiration date ( the initial term ). Upon expiration of the Initial Term, this lease shall AUTOMATICALLY RENEW on a month to month basis ( the renewal term ) unless tenant or landlord shall provide at least thirty ( 30 ) days' written notice to the other, PRIOR to the end of the initial tern of the renewal term, of the intent not to renew the lease. Under the renewal term, tenant shall be a tenant from month-to-month governed by all the terms and conditions of this lease, except that a monthly rental shall be ten percent ( 10% ) greater than tenant;s monthly rent as provided in the paragraph 2 below. The landlord or the tenant may terminate a month-to-month tenancy by written notice PRIOR to the expiration of the lease if tenant does not intend to renew or tenant shall be liable for an additional months' rent. "

Now you have read the first paragraph in my lease, you should understand that it stated after the first 12 months it goes to a month to month. The original lease was up Dec 31 2007. We did NOT even get a new lease to sign until Jan 5 2008.
Mike Leone has lied to everyone saying he gave us the new lease back in November 2007. Mike has called and/or stopped by everyday for the first week of Feb 2008 asking for the lease. I finally was able to get though the whole lease and talk it over with somebody on Feb 6, when i called to ask when i should drop off the signed lease, Mike said that he has already dropped off the 30 days please leave notice!

I thought we were already locked in a lease. Do i need to call fair housing? Was LNB Properties and Mike already in violation of the lease? Can he really make me leave because of his mistake?
 
That really sucks!!!

I don't know much about this kinda stuff, so I might not be of big help. I can just tell you to go down fighting (if that is your wish).

I guess the first thing to do, is try to talk to the guy in charge of the case and perhaps find a friendly solution.

If that doesn't work, you can always go see a lawyer or some of those consumer help associtions (if they exist over there), bring your case and try to see all the possible options.

And good luck !!!
 
Ok, I don't know what the laws are in your neck of the woods, but I know in Massachusetts where I used to live, and here in Puerto Rico, and many other places, the law is severely biased toward the renter. Simply refuse to leave. In the laws I am familiar with, there's nothing a land lord can do to legally force you out of the building without taking you to court first. If he locks you out, moves your stuff, or even enters your apartment for any reason without your permision, you can sue his ass off, even if he has given you an eviction notice and you've failed to comply. All he can do is take you to court, and that at least buys you another month to find a new place. And if he failed to provide you with the necessary paperwork in a timely fashion for you to extend your lease, The court will say you can stay until you can find a new place, as long as you continue to pay rent.

Read up on the laws in your city, but that's what it's like everywhere I've lived.

Also, I'm not a lawyer, and therefore not qualified to give legal advice, so disregard everything I just said.
 
Yeah it really depends on what state you live in. I would say you best option is to call them back and explain the situation to him..again. Sounds like he's a douche and their might not be anything you can do. It's a lot easier to keep the tenets you have then to search for new ones so assuming you have good rental history with him I don't see how he could reason not to keep you.

Good luck!
 
I, like steelasp, have experience in real estate, but in different states than where you live, in Ohio (if I remember correctly). At one time I managed four of my father's buildings and I did pass the NJ Real Estate Salespersons Test and I do own a home with an rental apartment (making me a landlord).

I looked at some standard Ohio leases offered on the internet and came to the conclusion that your landlord combined two clauses into one. The self renewing lease clause with a ten percent increase in rent was only for cases where a tenant refused to vacate the property after failing to renew a lease. The landlord made you an involuntary holdover by not giving you a chance to renew your lease before it expired. Self renewing leases are not allowed in NJ/NYC and rent increases are regulated by the Rent Stabilization Board in NYC. I'm sure Ohio has some regulations concerning rent increases, I just couldn't find any online.
The legality of the lease is suspect, in my opinion. It doesn't matter. Even if you win in court. Why would you live in a location where the landlord clearly doesn't want you there? You would be in an ugly relationship where the landlord would always look for a reason to evict you. Your best bet is to explain to your landlord that you'll need more time to find a place because your husband's work is seasonally sensitive. At least you'll get more time to find a new place and get a decent refferal from your current landlord. If the landlord is a complete ass and not willing to give you a few months, by all means, call whatever housing agency and get whatever help you can. Keep a log of all conversations with your landlord concerning this matter. Good luck.

http://www.tenant.net/Other_Areas/Ohio/landlord.html#OHIO

ps: Ask about an escrow account where you pay your rent instead of to your landlord. Then a judge will decide whether he deserves all of it or not. Do not just stop paying rent. Judges frown upon that.
 
Update:

I went to Fair Housing and they told me they the notice in which i recived is not even legal or valid, because he gave it to me after the (already paid) rent was due, and the dates on our lease. He should have given it to us on the 1st not the 6th so we have untill April i guess. I just know he will give us another one on the first of march. now all i have to do is have somebody here to witness when i got it. that will be hard.
 
Well at least that bought you time... Have you tried talking to them directly? maybe you can still have an arrangement... hope it works out for you.
 
talk to Mike?!!? PFFT!! i would have a better chance talking to stale poop. He doesn't give a shit about anything and he thinks he is above everything. Sooo i am just going to talk with Fair Housing and such untill i move out of here.
Everything should be fine, one day.


"This too, shall pass" ~ My Granny
 
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