Utilities in Landlord's Name (house, loan, heating, payment)
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Well- after writing her a letter about the ridiculous situation of not having an oven and that we want utilities in our name, we get a letter a couple of days ago stating that she has decided to terminate our lease- which she states she is entitled to do- since it was a rider in lease. We were in shock. If we didnt have children- this would be hysterical. We did not have a rider in our lease?!?! She is telling us to communicate through her attorney. It seems unreal as we have paid our rent on the first of the month-EVERY month. She is flipping out over this utility thing or when we ask for repairs and seems to have decided she doesnt want to rent anymore- which would be fine, but our child is in school- so we can't just move to another school district and the economy isnt helping our situation in trying to purchase a home. Should we fight her on this??? We need more than 2.5 months to find a home to purchase. People are probably thinking we did "something" to instigate this termination and I swear- not a thing, except for letter demanding utilities in our name and that oven be repaired immediately. Should we just ignore her? We need longer than 2.5 months. just venting. I have just looked at my lease and there isn't a rider, just a portion that states if home is sold we have three months to vacate. She didnt sell- just wants us out. Can she produce some sort of fake rider? I know we need to get out ASAP, but had decided to try and get through the school year. ALSO- she still hasnt responded about utilities- something very weird going on w that. Should I just change the account into my name- or just not pay if she doesnt address the situation??? I am not paying a bill without actually seeing th eoriginal bill- which she wont let us see????
DO NOT PAY THE BILL. Call her attorney and talk to him/her. Discuss the lease and tell the attorney you will move, but not becasue she wants you to. You have a binding lease and she cannot just say move out. You have rights too. More rights than she has. the attorney, if licesed and legal will work with you and let him know, when the lease is up, you will move.
Do not let her intimidate you...she has stated to contact the lawyer...do it. leave her alone with her cat and crazy notions of how to be a landlord.
Well- after writing her a letter about the ridiculous situation of not having an oven and that we want utilities in our name, we get a letter a couple of days ago stating that she has decided to terminate our lease-
In Texas, she could be taken to court by the tenant and sued for "retaliation". Check with your tenant's council or legal aid to see if a similar provision exists in your state. If so, you can probably get her into court and in front of a judge to get this all sorted out.
Hey, utilities are included in the amount of rent I pay...except for phone/Internet service. Electric and water are paid by the park owner.
But even as a landlord, there's nothing wrong with him/her continuing to pay utilities, because it is taken as an expense against the rental income. TAX purposes is the reason your landlord's paying them!
Hey, utilities are included in the amount of rent I pay...except for phone/Internet service. Electric and water are paid by the park owner.
But even as a landlord, there's nothing wrong with him/her continuing to pay utilities, because it is taken as an expense against the rental income. TAX purposes is the reason your landlord's paying them!
I think you missed something. The LL is charging the tenent for the utilities, just won't allow them in tenents name. If LL was paying the utilities there would be no prioblem...
As far as them evicting you, you have children, it will take LL a long time to evict a tenent with children. If you have to get nasty, wait her out....
I would consult my my own attorney, not hers. He works for her, he isn't going to help you... It would be against his best inerest...
I said to talk to her attorney because she is not being resonable. Maybe the attorney will be, after all he knows the laws and rights and responsibilities. If he is as dumb as the LL, then call your own lawyer.
Thanks everyone for your advice. Do you think I should go ahead and switch the utilities into our name, because I believe we can- but didn't want to- because of her obvious issues with us doing this??? Can she terminate our lease if she states there was a rider that stated she can terminate lease for any reason with 3 month notice? I do not have a copy of this "rider", but is this even plausible in a lease? I am glad to hear that it is hard to evict when children are involved, especially since we haven't done anything wrong. Thanks again for the advice. Time to get an attorney!
Tell her to produce a copy of the rider - with your signature on it. Otherwise, tell her to feel free to see you in court. And yes - I would definitely consult an attorney. In NY State it is nearly impossible to evict someone, and it sounds like she has already broken your lease several times. Get the utilities switched to your name so that she cannot have them shut off.
Good luck to you. You are making me count my blessings that I have the landlord that I do.
I think you missed something. The LL is charging the tenent for the utilities, just won't allow them in tenents name. If LL was paying the utilities there would be no prioblem...
As far as them evicting you, you have children, it will take LL a long time to evict a tenent with children. If you have to get nasty, wait her out....
I would consult my my own attorney, not hers. He works for her, he isn't going to help you... It would be against his best inerest...
well of course he's also going to CHARGE something for the utilities!
Do you really want to put yourself and your family through months of fighting... not to mention the expense... in other words is it worth the time and trouble?
or
Write her attorney a brief note asking on what basis is the lease being terminated? Don't make a commitments... all you are doing is asking for clarification.
Once you have a reply, have it reviewed by an attorney of your choosing familiar with tenant/landlord law for your jurisdiction.
Your attorney can help insure your security deposit and/or other things you may be entitled to are addressed...
My rental agreements are always numbered... page 2 of 3, for example. Each page is initialed be both parties... The burden of proof is on her to prove she in fact has a valid "Rider"
Good Luck.
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