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Old 01-17-2018, 09:26 PM
 
8 posts, read 4,602 times
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I need help asap. I had a lease that expired on 12/31/17 instead of renewing or doing month to month I moved. On 12/31/17 at 11:59 I left a few items behind that due to the time I couldn't grab. Now my ex landlord is saying he's gonna file for eviction saying I'm inhabitanting the place. Before that he was saying I owed him this month's rent because I didn't give 30 day notice, when I pointed out that my lease expired and I didn't have to he told my he was gonna file for eviction and the judge would agree with him since the judge studied the same laws. Please can anyone HELP ME? I can't afford an eviction or a legal battle.
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Old 01-17-2018, 10:00 PM
 
Location: Long Island, NY
1,898 posts, read 2,817,879 times
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When did you get the rest of your belongings? When did you return the keys to the landlord?
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Old 01-17-2018, 10:47 PM
 
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I haven't collected the rest of my belongs, which is just a microwave and 2 boxes, and still have the keys due to having to returned them by appointment. From what I saw in regards to landlord tenant law, my belongs are considered abandoned property that he has to keep stored for 30 day for me and the keys that are waiting for the return appointment would be considered lost or damaged coming out of my security deposit. I really need help as this is stressing me out.
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Old 01-18-2018, 08:16 AM
 
Location: In my cat's house, until she finds a better human servant
372 posts, read 388,291 times
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I’m really sorry, but since you didn’t give 30 days notice a lease will automatically change to month to month, you have to give notice that you are leaving, typically 30 days. Since you still have possession of the keys and left a few items there, it is almost certain the landlord wil win an eviction and judgment against you. I know this is stressful but you need to negotiate something with your landlord, you do not want to have an eviction on your record, it will make it incredibly difficult to rent again. Maybe the landlord would agree to take payments on the rent you owe and definitely give him written notice NOW if you haven’t already. Give him the keys Immediately and get your items out. That should stop the eviction process (pay or quit requirement) if you are still under the time limit for the notice he gave you (assuming he gave you a pay or quit notice, required to go into eviction) but he can still sue for the back rent Good luck.
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Old 01-18-2018, 11:27 AM
 
Location: Abu Al-Qurq
3,689 posts, read 9,154,605 times
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Not a lawyer here, but it's pretty simple.

1. Stop the bleeding. Either get your stuff out or inform, in writing, your landlord that you are abandoning your stuff, and you have quit the apartment. You don't need an appointment to return the keys. Drop 'em through the mail slot, put them in the envelope, it's not difficult. Take away their ammunition to run up the bill.

2. Indicate a desire to resolve the situation amicably. This might include your making payments toward January, or some percentage of January. Sending a monthly check for $25 until you reach some sort of percentage of whatever the landlord says you owe them will go a long way.

3. Unless your place rents for thousands a month, this sort of case will at most go to small claims court, because a reputable lawyer's time for one court hearing is more than the dispute amount. Most landlords take the path of least resistance. Make that path one you can live with.
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Old 01-18-2018, 05:19 PM
 
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This advice seems to go against nm landlord tenant laws.
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Old 01-18-2018, 05:37 PM
 
Location: In my cat's house, until she finds a better human servant
372 posts, read 388,291 times
Reputation: 812
I’m not sure where you are getting your information, but zoidberg and I have given you good advice. Whether you follow that advice is certainly up to you, but you are headed towards a bad situation based on the information in your original post. I’d suggest locating some free legal assistance regarding landlord tenant issues if you want to confirm what was posted here, try calling 311.

ETA: here is one guide to renting in NM, read the section on leases
https://nmhealth.org/publication/view/guide/278/

Last edited by Cat5e; 01-18-2018 at 05:47 PM..
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Old 01-18-2018, 05:47 PM
 
8 posts, read 4,602 times
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Thanks to everyone that tried to help, I found my answer. Since I have a fixed term lease, this is my answer according to nm law.

For fixed term leases, for example, a lease running from September 1, 2010 to August 31, 2011, there is usually no notice requirement because the lease simply ends on August 31, 2011. However, notice is still
customarily given on such leases so there will be no question about an automatic renewal. A provision for automatic renewal may be contained
in the lease, and the tenant should check for such a clause.

I've checked my lease top to bottom, and there is no clause or language about automatic renewal or going into month 2 month.

Unless I've missed something I don't believe according to this I have to pay my ex landlord for January.
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Old 01-18-2018, 07:57 PM
 
Location: Long Island, NY
1,898 posts, read 2,817,879 times
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Quote:
Originally Posted by CrazyB View Post
Thanks to everyone that tried to help, I found my answer. Since I have a fixed term lease, this is my answer according to nm law.

For fixed term leases, for example, a lease running from September 1, 2010 to August 31, 2011, there is usually no notice requirement because the lease simply ends on August 31, 2011. However, notice is still
customarily given on such leases so there will be no question about an automatic renewal. A provision for automatic renewal may be contained
in the lease, and the tenant should check for such a clause.

I've checked my lease top to bottom, and there is no clause or language about automatic renewal or going into month 2 month.

Unless I've missed something I don't believe according to this I have to pay my ex landlord for January.

Read what the law states on retaining possession (keys) to the property after you lease expires and you vacate.
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Old 01-19-2018, 09:23 PM
 
8 posts, read 4,602 times
Reputation: 10
I did, however my lease says I need to return the keys by appointment and I do have both verbal and written proof of my landlord saying this.
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