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This is kind of a long story. A friend of mine lives in an apartment and has a contentious relationship with the landlord. Recently he had a large snafu with his student loan payment in which the company added(not his fault) a couple of extra zeros to his payment. So this caused some bounced checks obviously. He called his landlord and told him of the problem and that his check might bounce. The landlord refused and issued him a "notice to quit" and a "notice of lease termination" which included a demand that he vacate within in seven days (not a "notice to cure or quit" "pay or quit") etc. The check presented to the landlord cleared
Now my friend does not want to continue with the landlord, and wanted to know whether the lease with the landlord was in fact terminated and if he was free to move Can he vacate within seven days without penalty(as demanded the letter did not mention damages)? The landlord only wanted him out if he was responsible for the rent until it was rerented. Now that this is not the case the landlord does not want out of the lease. Is he allowed to do this even though he was terminated it, or can my friend vacate and the lease is terminated. Must he leave within the 7 days? He would like more time but he is willing and able to vacate in this time period in order to get out of the lease. THe friend does not wish to litigate against the landlord(for his breach) but wants to leave.
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Also to note is that his rent is current etc and he has no lease violations.
You need to make clear sentences. What your saying does not make alot of sense. There needs to be a reason for the lease termination. If the LL issued a reason for termnation and your friend wants to move, then move. He/she has 7 days. Do it.
You need to make clear sentences. What your saying does not make alot of sense. There needs to be a reason for the lease termination. If the LL issued a reason for termnation and your friend wants to move, then move. He/she has 7 days. Do it.
The landlord served my friend with lease termination for non payment of rent(because he thought the check would bounce). The check cleared after the landlord issued the lease termination(if he didn't pay he would have been in violation and liable for the vacancy). So the landlord had no reason to terminate and tried to withdraw the termination. My friend did not want to stay so he wants to leave anyways. The landlord says he is liable till he gets the rented because he withdrew his request/demand.
How much time is left on the lease? If only about 6 months, why not just take his time and enjoy the holidays and look more carefully for the next place......
How much time is left on the lease? If only about 6 months, why not just take his time and enjoy the holidays and look more carefully for the next place......
It's longer than that and I agree but the landlord's maintenance issues were serious(sewage) and even though he has corrected them(after he was fined) he is retaliating/harassing and entering excessively
The landlord served my friend with lease termination for non payment of rent(because he thought the check would bounce). The check cleared after the landlord issued the lease termination(if he didn't pay he would have been in violation and liable for the vacancy). So the landlord had no reason to terminate and tried to withdraw the termination. My friend did not want to stay so he wants to leave anyways. The landlord says he is liable till he gets the rented because he withdrew his request/demand.
My question would be why your friend is asking you what to do instead of a lawyer.
He is probably asking me because I'm not charging $400/hr....
Then he's sure to get exactly what's he's paying for.
There are low cost legal aid clinics, even law schools offer legal advice. Pro bono work is a requirement for lawyers. There are viable options for good legal advice to help your friend. Be a friend by suggesting he consult someone who can actually help in this situation.
Friends are priceless, and God bless you for wanting to help, but this is not something a buddy can help with. Unless that buddy is a lawyer.
If a Pay or Quit notice is served, you have 2 options. Pay, or Quit (meaning move out). He has paid his rent, it's not late, so the Notice has been satisfied. the LL no doubt jumped the gun by serving the notice before he even knew if the check would bounce but still, if there is no late rent, the notice is a moot point.
Now the issue of retaliation is another matter. If your friend believes this is what's happening then yes, he needs to get some legal advice before proceeding.
If a Pay or Quit notice is served, you have 2 options. Pay, or Quit (meaning move out). He has paid his rent, it's not late, so the Notice has been satisfied. the LL no doubt jumped the gun by serving the notice before he even knew if the check would bounce but still, if there is no late rent, the notice is a moot point.
Now the issue of retaliation is another matter. If your friend believes this is what's happening then yes, he needs to get some legal advice before proceeding.
He wasn't given a notice to pay or quit though. He was given a notice to quit(lease termination and vacate demand)
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. So this caused some bounced checks obviously. He called his landlord and told him of the problem and that his check might bounce. The landlord refused and issued him a "notice to quit" and a "notice of lease termination" which included a demand that he vacate within in seven days (not a "notice to cure or quit" "pay or quit") etc. The check presented to the landlord cleared
