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My landlord offered to renew my lease, but I cannot as I am moving in December. I told them it would be imprudent for me to sign for 1 year right now, and asked for thru December which they don't want. I have never spoken with the landlord but instead a figure head who always says he has no day, he needs to call the landlord etc. I had assumed we would go month to month, but stupidly did not read the lease and they approached me with a new lease only a week before end of contract! Contract says my rent just doubled!!! Idk what to do. It doesn't say anything about having to give notice. I am thinking I need to tell him to sort this within 24 hours or we will need to look for another place. What is our best move? We don't want to move now, we are leaving the state at the end of the year. But we are in holdover and apparently due double rent! Please help. I can sign thru August 2014 but they will hold me responsible if I don't find a suitable tenant!
The link you provided didn't work but in any case, write back and say you can't agree to the terms of the new lease because of such and such, that you would be happy to have the present lease extended through December under the existing terms and if this isn't agreeable, please advise. Check your lease stipulations carefully. One week notice of rent adjustment and renewal is almost never legally acceptable and minimum 30 days is usual, sometimes more depending on which state you're in. (You'll find your state landlord tenant laws linked in the first "sticky" on this forum). The worst that can happen is that he doesn't budge and he'll give you 30 days notice. Your rent will remain the same during that period.
My (property manager) offered to renew my lease, but I cannot as I am moving in December.
What does the lease say happens at the end of the original term?
The most common practice is to roll over to a "month to month tenancy"...
which still leaves tenants open to rent increases and other changes (with notice).
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I told them it would be imprudent for me to sign for 1 year right now,
and asked for thru December which they don't want.
No doubt. Whatever else may be going on no LL wants a tenancy to end in mid winter.
Even in areas where weather isn't a factor... it's problematic.
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I had assumed we would go month to month, but stupidly did not read the lease
and they approached me with a new lease only a week before end of contract!
Property managers are notorious for wanting the formal lease renewal process.
It allows them to charge the actual owner for their "service"
Tenants not actually reading their lease is notorious too.
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...but they will hold me responsible if I don't find a suitable tenant!
or until THEY find a suitable tenant. In mid-winter that will be tough.
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Contract says my rent just doubled!!! Idk what to do.
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Originally Posted by STT
The worst that can happen is that he doesn't budge and he'll give you 30 days notice.
Your rent will remain the same during that period.
^^Good advice.
I'd start by finding out who actually owns the house...
and attempt to negotiate through this with them directly.
The rest is about which option is the least expensive/bother:
1) Sign through August then take on the burden of finding a replacement
and probably paying at least 2 or 3 months of rent until that settles out.
2) Find a sublet available through December and put your stuff in storage
3) Find a short term rental and move your stuff in (then out again).
(2&3 will likely require at lest one month of the doubled holdover rent there as well)
Another option, see if the landlord will agree to your paying rent through January, even though you will be moving in December, and let them have the month, prepaid for to find a new tenant, and that they can keep that rent even if they find a new tenant right away. They may go for that. Basically a prearranged buyout.
I agree that no landlord wants a vacancy around Christmas. No one wants to move then, even in warm climates, so it is a difficult time to rerent. We have that right in our lease that no tenant may end their lease in November or December.
The clause in your contract is clear. You have to pay double rent or move out. It doesn't require notice, and says lease ends at end of term. He did write on the contract that you have permission to look for a subletter, if approved by landlord.
So, is it worth it to you to pay double rent until December?
I wouldn't want to sublet, myself. Too messy legally, as you remain liable for rent. If you sign the new contract, you will be liable to find another renter, or will have to pay through the end of the lease, or try to break the contract - which would involve going back there to go to court. Some states allow you to break your lease, some don't. But, as I said, your contract is clear. I'm not sure you'd be able to break your lease in any state.
Unfortunately, it really looks like your best bet, money-wise, is to move out now. Sorry. I know it's a pain.
Okay, so a major issue is that we have zero contact with the landlord, which this guy is adamant about maintaining. And that the only thing in writing is our contract which has expired. We live in a college town and they have had two apartments for rent for some time, not renting and it's the start of school year! They do zero advert, just a sign in window.
It will be very hard to find a sublet right now so we have a few options I think:
1) continue to pay rent at regular rate. And give written notice of December vacating. They may sue us for back rent up to 4000! Since our rent is $1000 and we would be 4 months in double rent.
2) sign and chance finding a subletter. There are many people doing this, lots of spring sublets avail. We will likely leave mid December and semester starts late January. Often students only want a sublet thru May so this could still mean $4000 Even if we find a subletter.
I already offered for them to keep our security of $1000 if no one leases starting Jan 1 if they sign us thru Dec 31... He was going to discuss it with the landlord :/
I assume I'm in for a lawsuit based on this double rent clause. Even if we found a sublet now the moving costs would be high, we have tons of stuff, and a baby!
Okay, so a major issue is that we have zero contact with the landlord...
Nope; that's just a side show.
The major issue is being caught short from not not reading the lease and being informed
so you would know what options you had and what actions were required by you and when.
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1) continue to pay rent at regular rate. And give written notice of December vacating.
I assume I'm in for a lawsuit based on this double rent clause.
If you attempt to hold over? You betcha.
Even if you pay the double rent he'll still take you to Court for the eviction.
Then you're back to looking for a place with even less time and with an eviction on your record.
Write the letter as STT suggested... get the PM's response in writing.
Meanwhile 1) check tax records for the ownership and 2) look for a furnished sublet or an extended
stay hotel or a short term rental 3) Start filling boxes with smaller stuff and put bigger stuff into a
POD or storage.
Continuing to pay your rent at the regular rate is not an option. Your contract is clear that if you stay, you will have to pay double the rent. If you only give 1/2 the rent, he can evict you for non-payment of rent.
If you can't negotiate a deal with the manager, then I agree you could look up the owner and ask him/her if you can work out a deal. You can get the name/address of the owner of the property through your county's tax assessor's office. Sometimes you can get that info on their website online. Sometimes you have to go to clerk's office in person, but it's public info, so you can get it.
Okay, will track down that info today and try again to see if the manager has heard from them and if he will please give me their written address and phone. I can't really live from a pod, I have an infant and we need our things. It's sounding more and more like I should just chance subletting this place and sign the lease for a new term if they refuse to agree to sign thru December. At least then I won't be evicted. I won't pay rent when I leave as I won't be able to afford to, but I will have to cross that judgment when I get there I guess.
As far as subletting, it stipulates they have to approve the party and that they will hold my security through the end of term. I think they might negotiate here, would I ask that my security be returned on payment of security from subletter? That seems reasonable. Ad if they deny someone I pick, what recourse do I have?
Okay, will track down that info today and try again to see if the manager has heard from them and if he will please give me their written address and phone. I can't really live from a pod, I have an infant and we need our things. It's sounding more and more like I should just chance subletting this place and sign the lease for a new term if they refuse to agree to sign thru December. At least then I won't be evicted. I won't pay rent when I leave as I won't be able to afford to, but I will have to cross that judgment when I get there I guess.
As far as subletting, it stipulates they have to approve the party and that they will hold my security through the end of term. I think they might negotiate here, would I ask that my security be returned on payment of security from subletter? That seems reasonable. Ad if they deny someone I pick, what recourse do I have?
Your lease agreement is with the party who signed the lease - just to clarify. If that's not the owner of the unit but the property management company then the owner is under no obligation to talk to you and may, in fact, be very annoyed at you for tracking him down. He pays the PMC to take care of business for him. It's not a tactic I would advise.
I also strongly advise against subletting. You remain entirely responsible for the actions of your subtenant and if they default on any of the terms of the main lease, it's all on you. If they trash the place, you're responsible and your only recourse is to go after them in turn. You are the leaseholder and this is why the landlord will retain your security deposit until such time as your lease expires. There is nothing to stop you from stipulating a security deposit in your sublease agreement which will be paid to you by the subtenant.
If you find a subtenant who doesn't pass the landlord's muster for any viable reason (bad credit, poor employment/rental history, etc) you've no recourse but to find a more suitable applicant.
Write to the PMC and try and work this out amicably. Good luck.
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