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Old 01-08-2021, 05:04 AM
 
63 posts, read 38,107 times
Reputation: 29

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I just got a notice from my landlord that she wants us out when the lease ends. If there is still an eviction moratorium in place does that help my situation? If she won't sign another one year lease can't she on the grounds there's no lease agreement evict me? I'm still on unemployment and hope to land a job so I can find another rental but if we cannot find another place to go by then I'm wondering what my options are. We have a perfect rental history for 6 years but I'm sure if we use the moratorium she won't give us a letter of recommendation for a new place.
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Old 01-08-2021, 06:25 AM
 
Location: Bloomington IN
8,590 posts, read 12,336,894 times
Reputation: 24251
Have you been paying your rent?

I know the moratorium was extended until January 31. https://financialservices.house.gov/...r_12.20.20.pdf

Different states can have additional rules in place about this.
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Old 01-08-2021, 07:15 AM
 
860 posts, read 438,567 times
Reputation: 2341
When you no longer have a rental agreement and refuse to move (for whatever the reason) you are a holdover tenant. Landlords can still eviction those who commit lease violations and holdover tenants. You can’t force a landlord to make an agreement with you. So yes, you can be evicted if you refuse to move and honestly you should be because you can’t just use someone else’s house without their permission.

They may want to sell it, upgrade it, rent it to someone else, whatever. At that point it’s not your concern. It is still their property and they fortunately still have some rights that haven’t been taken away from them.

If you have been paying your rent and need more time to find a new place your best bet is to see if your landlord is able to extend your lease on a month to month basis but if not you don’t want to be a holdover tenant. An eviction on your record has long term consequences and many states grant the landlord double rent for the time the tenant was a holdover tenant.
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Old 01-08-2021, 07:46 AM
 
5,969 posts, read 3,711,573 times
Reputation: 17019
Quote:
Originally Posted by greymann View Post
I just got a notice from my landlord that she wants us out when the lease ends. If there is still an eviction moratorium in place does that help my situation? If she won't sign another one year lease can't she on the grounds there's no lease agreement evict me? I'm still on unemployment and hope to land a job so I can find another rental but if we cannot find another place to go by then I'm wondering what my options are. We have a perfect rental history for 6 years but I'm sure if we use the moratorium she won't give us a letter of recommendation for a new place.
Who knows what the landlord's motivation is in giving you a notice to move when the lease is up? Whatever the motivation, it is her right to do so, just as it would be your right to give her a notice that you intend to move as soon as the lease is up.

If you have paid your rent on time and taken decent care of your unit, then I wouldn't think the LL would have grounds for giving you a bad recommendation. However, if you simply ignore the notice to vacate, then your rental reputation (and perhaps credit rating) will go into the toilet.
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Old 01-08-2021, 08:02 AM
 
10,609 posts, read 5,641,736 times
Reputation: 18905
Start by talking to your landlord. See if you can find a solution that works for both of you.
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Old 01-08-2021, 08:11 AM
 
5,989 posts, read 6,775,839 times
Reputation: 18486
If you are behind on your rent, be glad that this is the only thing the LL is doing. They can (and probably will) also go after you in small claims court.

You need to plan to move. Start searching assiduously for a new place to live. Also, see if you can double up with family. But plan to move out. You are very right to be worried about not having a good rental reference, if you leave owing rent, or don't leave at the end of your lease.

Feel free to negotiate a continuation on a month to month basis, but if you are not up to date in your rent, the first step is to pay the rent.
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Old 01-08-2021, 08:39 AM
 
13,131 posts, read 20,972,911 times
Reputation: 21410
You Are Not Being Evicted! The landlord is just deciding not to renew the lease. The Same Right You Have have not to renew your lease.

Now, if at the end of that time you refuse to move, you become a holdover tenant and they can start the eviction process. In most states, you can be evicted for any lease/rule violation or holdover. The eviction moratorium usually applies to evictions over not paying the rent.

But even non rent payment can still result in an eviction if the tenant did not follow whatever requirements the state has for rent payment issues. People are getting evicted in some states for non payment because they failed to follow the rules which may include notification to landlord, applying for rental assistance, partial payments or other requirements you as a tenant failed to follow.
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Old 01-08-2021, 12:35 PM
 
Location: El paso,tx
4,515 posts, read 2,520,818 times
Reputation: 8200
The moratorium is not for leases that ended. You need to move out.
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Old 01-08-2021, 02:06 PM
 
Location: Salem, OR
15,572 posts, read 40,413,812 times
Reputation: 17473
Quote:
Originally Posted by greymann View Post
I just got a notice from my landlord that she wants us out when the lease ends. If there is still an eviction moratorium in place does that help my situation? If she won't sign another one year lease can't she on the grounds there's no lease agreement evict me? I'm still on unemployment and hope to land a job so I can find another rental but if we cannot find another place to go by then I'm wondering what my options are. We have a perfect rental history for 6 years but I'm sure if we use the moratorium she won't give us a letter of recommendation for a new place.
The federal eviction moratorium is for non-payment of rent which doesn't sound like your issue.

If your state has an eviction moratorium on top of the federal one, you need to look that up and see what protections it offers you.
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Old 01-08-2021, 02:23 PM
 
Location: Columbia, SC
10,966 posts, read 21,974,961 times
Reputation: 10659
The owner doesn't want to renew the lease. If you stay there w/o paying rent just because you can and w/o a lease you're a jerk. Figure something out, go find another house to rent.
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