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Well, as soon as he raised the rent, my son found another place to live. We are moving him tomorrow and the landlord has no idea. My son was afraid that if he gave a 30 day notice,
Your son can just pay the 1 month rent that suffice's for 30 day notice. Lots of people do this...they give 30 day notice and pay rent for the 30 day period. Then they decide to move earlier than the 30 days and give possession back to the landlord early, although rent is still paid through that 30 days.
I suppose your son doesn't want to pay extra 30 days rent. Then he risks the landlord filing a lawsuit for 30 days rent. Your son might(or might not) have a valid defense because the landlord basically broke the contract first by raising the rent without 30 day notice. Does you son have written proof of this? I think it depends on the judge regarding whether you son still owes rent for 30 day via the old rent amount. Or whether the 30 day notice is no longer necessary since the landlord broke the lease first. Tough call.
Safest bet is to give 30 days notice and pay rent and turn in the keys, essentially paying for the place for 30 days even though he no longer lives there. That's how it works when you move early and still require 30 day notice.
Did you check state law to see if 30 day notice is your state's law? Some have 15 day notice in certain situations.
If your son is old enough to live in a rental, he is old enough for you to start gradually weaning him off of his mother's care. At some point, he really should learn how to give notice to move without having his mother do it for him.
My son lives in a house, renting a bed room. No lease, however, landlord raised the rent and my son does not want to pay it. Can he move out without notice?
Your son can just pay the 1 month rent that suffice's for 30 day notice. Lots of people do this...they give 30 day notice and pay rent for the 30 day period. Then they decide to move earlier than the 30 days and give possession back to the landlord early, although rent is still paid through that 30 days.
I suppose your son doesn't want to pay extra 30 days rent. Then he risks the landlord filing a lawsuit for 30 days rent. Your son might(or might not) have a valid defense because the landlord basically broke the contract first by raising the rent without 30 day notice. Does you son have written proof of this? I think it depends on the judge regarding whether you son still owes rent for 30 day via the old rent amount. Or whether the 30 day notice is no longer necessary since the landlord broke the lease first. Tough call.
Safest bet is to give 30 days notice and pay rent and turn in the keys, essentially paying for the place for 30 days even though he no longer lives there. That's how it works when you move early and still require 30 day notice.
Did you check state law to see if 30 day notice is your state's law? Some have 15 day notice in certain situations.
We have a text that he changed the monthly rent(he did it because my son said he was moving out in May), he sent two texts today, threatening to sue him for an entire years rent! He also stated that he was planning on evicting him(absolutely no cause given, my son paid his rent on time, and was there only to sleep).
What? Just because there is no written lease it does not allow a tenant to just leave without following the rental laws. If there is no written lease then it is considered a MTM tenant in TX and all state statutes and procedures still apply. Texas Tenant Advisor
We have a text that he changed the monthly rent(he did it because my son said he was moving out in May), he sent two texts today, threatening to sue him for an entire years rent! He also stated that he was planning on evicting him(absolutely no cause given, my son paid his rent on time, and was there only to sleep).
I would just ignore the texts and follow the law. Law states 30 days. Send a CERTIFIED letter to the LL giving him 30 day notice. Not text, not call, not email, certified letter. Certified letter is the only way to cover your arse in this situation. Its clear this guy is a dingbat so you need to make sure you do everything according to the law. Given that he's an aerospace engineer in law school, i would imagine he can cover that last 30 days that he owes to the LL as well. He should know this going into law school, i imagine its a topic covered.
I think in this case it's probably in your son's best interest to NOT have a lawsuit filed by the landlord. This is public record and anyone can see this info for years to come. A lot of lawsuits on public record, even if you are not in the wrong, do leave a little bit of mud on your face, IMO. A future landlord might decide not to rent to your son just because of the lawsuit, regardless who wins. Although it's highly likely your son will be a homeowner most of his life. But still, given the choice, it's best to NOT have a lawsuit in public record, especially a trivial one. Future employers sometimes check public record too.
With that said, it sounds like the landlord is immature and unprofessional based on threatening to sue for the entire year. This is because there wasn't a year lease, so the most your son owes is month rent. Furthermore, the landlord sounds nuts when he threatened to evict for no reason and this was AFTER your son moved out.
Hopefully your son isn't responding to the landlord's texts. Unless he says something professional and basic like 'landlord broke lease by raising rent without 30 day notice.'
There is another lesson learned here for your son and he will learn it in law school as well. This problem started when he gave the landlord TOO MUCH notice when he told them he would move in May. Your son was being nice and is to be applauded for this. However, it came back to bite him. In the future, it's best to give the amt of notice that is required by law, and not give too much notice. This is in case of situations like this. For the same reason, it's best when someone resigns from work that it's best to give a standard 2 week notice to your employer instead of giving 2 month notice.In employement situations, sometimes the employer will get rid of the person immediately or will start treating like a 2nd class citizen(which isn't fun for long term..bad enough for 2 weeks).
I think in this case it's probably in your son's best interest to NOT have a lawsuit filed by the landlord. This is public record and anyone can see this info for years to come. A lot of lawsuits on public record, even if you are not in the wrong, do leave a little bit of mud on your face, IMO. A future landlord might decide not to rent to your son just because of the lawsuit, regardless who wins. Although it's highly likely your son will be a homeowner most of his life. But still, given the choice, it's best to NOT have a lawsuit in public record, especially a trivial one. Future employers sometimes check public record too.
With that said, it sounds like the landlord is immature and unprofessional based on threatening to sue for the entire year. This is because there wasn't a year lease, so the most your son owes is month rent. Furthermore, the landlord sounds nuts when he threatened to evict for no reason and this was AFTER your son moved out.
Hopefully your son isn't responding to the landlord's texts. Unless he says something professional and basic like 'landlord broke lease by raising rent without 30 day notice.'
There is another lesson learned here for your son and he will learn it in law school as well. This problem started when he gave the landlord TOO MUCH notice when he told them he would move in May. Your son was being nice and is to be applauded for this. However, it came back to bite him. In the future, it's best to give the amt of notice that is required by law, and not give too much notice. This is in case of situations like this. For the same reason, it's best when someone resigns from work that it's best to give a standard 2 week notice to your employer instead of giving 2 month notice.In employement situations, sometimes the employer will get rid of the person immediately or will start treating like a 2nd class citizen(which isn't fun for long term..bad enough for 2 weeks).
This is the most helpful information here. I don't know how to copy and paste in my phone, but we did some research and in our state called landlord retaliation. When my son gave him 3 months notice, the landfird flipped out and raised his rent(no 30 day notice, btw).
We have a text that he changed the monthly rent(he did it because my son said he was moving out in May), he sent two texts today, threatening to sue him for an entire years rent! He also stated that he was planning on evicting him(absolutely no cause given, my son paid his rent on time, and was there only to sleep).
Save all texts..and any communications...they will be your evidence. It is highly beneficial that his texts contradict each other...eviction and threatening to collect rent for a year...stupid LL.
Hopefully you gave 30 day notice, and saved a copy. If not...I would do so and cite the LL texts...seems LL has created a hostile environment...or whatever wording that applies to his unwarranted threats. And the LL can't raise rent or anything else prior to end of lease.
I would leave, no one has to put up with such erratic behaviors when dealing with a business contract. Good luck to you.
Last edited by JanND; 02-14-2016 at 10:21 AM..
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If there is no written lease then it is considered a MTM tenant in TX and all state statutes and procedures still apply.
