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Old 07-02-2011, 09:51 AM
 
177 posts, read 342,219 times
Reputation: 127

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Hi Everyone,

I am renting here in California and very unclear as to what I should do in my situation.

I have been renting in a Condo for almost 2 years now. I started off on a one year lease that went to a month to month lease after the first year was up. The owner was going to foreclose, but ended up doing a short sale. Escrow closed on the short sale 2 days ago on June 30th. The new owner started making ridiculous requests for me to wire the first month's rent plus security deposit before escrow was even closed. She also wanted me to send 6 post-dated checks to Canada, where she lives. On top of this she was asking me to do a bunch of caulking work and fix all of these things. (The dishwasher has been broken for over 2 months now, and nobody wants to address it). Here's the kicker: THERE IS STILL NO LEASE AGREEMENT! I have asked her several times, and she has not been able to produce one.

We did have a verbal agreement that I would stay month to month.

The good news is that I have already received my deposit back from the original landlord, and the funds have cleared.

I want to move out and do no feel comfortable dealing with this woman. She also is refusing to get a property manager.

What are my rights? Should I give a 30 day notice? I do not want to send her a security deposit for a month, as I no longer feel comfortable dealing with her. I have already started looking for a new place to move, but it could take me a couple of weeks. I plan to pay her for every additional day I stay here, but I no longer feel comfortable signing an agreement, and I definitely don't feel comfortable sending her a deposit.

Please help!
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Old 07-02-2011, 10:05 AM
 
982 posts, read 3,842,819 times
Reputation: 498
There's two ways this could go. Simply continue to pay the rent and ignore her requests for security, chalking, post dated checks. She has the option of accepting the rent, thereby tacitly approving your tenancy OR send you a 30 day notice. I guess if you're not ready to move I'd do that. If you want to be proactive then send her a 30 day notice, Maybe then she'll back off and you can reconsider if you want to stay or not. I see room here for negotiation. New owner seems to be running her RE empire on a very tenuous thread.
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Old 07-02-2011, 10:08 AM
 
Location: NJ
17,579 posts, read 38,288,152 times
Reputation: 16098
Personally I would give her my 30 day notice and get out ASAP. I would not send her a deposit.
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Old 07-02-2011, 10:20 AM
 
3,287 posts, read 4,936,515 times
Reputation: 6046
Tell her your rate for caulking and fixing is $200 per hour. Then when she balks, tell her it's HER job to do these things, not yours. Send your rent, one month at a time, and do not give her a security deposit. She sounds like a tyrant and it would be wise to get the heck out of there as soon as you can. That place is going to go downhill fast. Give her 30 days notice. She's not entitled to anything else. Oh, and take pictures of the place so she can't come after you for "damage". Document EVERYTHING!
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Old 07-02-2011, 10:36 AM
 
177 posts, read 342,219 times
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If I find a new place that is available to move into next week, do I still have to give her the full month's rent? Even if I haven't signed a lease agreement?
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Old 07-02-2011, 10:47 AM
 
3,287 posts, read 4,936,515 times
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If you don't have a signed lease, then I can't see how she could hold you accountable for anything more than this month's rent. Chances are the new place will understand that you have to give notice and will let you move in on August 1st. You might google your state's landlord-tenant laws to see what your obligation is with no lease. Month to month implies that you pay the rent at the beginning of each month and then you get to live there for that month. It's not a week to week or day to day agreement. Save yourself some grief and give her 30 days notice. She would have to do the same if she wanted to kick you out. And be prepared for her to show the place while you are still there. Be aware of what your rights are in that situation.
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Old 07-02-2011, 10:59 AM
 
982 posts, read 3,842,819 times
Reputation: 498
If you've never given her a check for anything then just move. No rent paid as of yet then there is zero evidence of any agreement, month to month or otherwise or even the amount of rent to be paid.
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Old 07-02-2011, 11:02 AM
 
Location: NJ
17,579 posts, read 38,288,152 times
Reputation: 16098
Quote:
Originally Posted by UrbanDecay View Post
If I find a new place that is available to move into next week, do I still have to give her the full month's rent? Even if I haven't signed a lease agreement?
You still have to give 30 days notice. Don't do anything that will give the LL the ability to come after you. Do everything by the book and get out.
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Old 07-02-2011, 11:19 AM
 
Location: Downtown Harrisburg
1,434 posts, read 3,304,779 times
Reputation: 1007
Quote:
Originally Posted by UrbanDecay View Post
The new owner started making ridiculous requests for me to wire the first month's rent plus security deposit before escrow was even closed. She also wanted me to send 6 post-dated checks to Canada, where she lives. On top of this she was asking me to do a bunch of caulking work and fix all of these things. (The dishwasher has been broken for over 2 months now, and nobody wants to address it).
I can't offer you advice on your rights or responsibility under CA law. I can tell you that if I were in your shoes, I'd start looking for another apartment ASAP. Once a LL starts getting difficult, it's time to evaluate the hassle of moving versus the hassle of dealing with the LL.
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Old 07-02-2011, 02:04 PM
 
Location: Seaford, Delaware
3,457 posts, read 16,661,326 times
Reputation: 2593
it sounds to me like the new LL is in Canada and is buying real estate at a bargain in order to make a future klilling. The new LL does not know or understand landlord/tenant laws and or obligations.
I would give 30 days notice and pay the rent for July. Nothing else. Do not address the requests to do maintenance. I would send a written list of things broken, in need of repair, or not up to your expectations. I would also make sure to send it certified, return receipt so that you know she got the rent and the letter. Did I say put the rent and the letter in the same envelope.
Find another place to live and enjoy the new surroundings and leave the ignorance behind.
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