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Tenancy Rights [SOLVED]
bowen
Registered User regular
Registered User regular
Okay so I'm having some difficulty locating relevant laws or rather anything for my county on tenancy rights. For information I live in Onondaga County in NY.
Now a little back story. I started looking for a new place to live probably about the end of December. Up until May I have had very little success with all but the shadiest of places. So I finally find a place with vacancy, call up my current landlord (leasing agency) and let them know I was looking but they might need to provide a reference (first place that wanted a reference).
Long story short, I got approved, put my down payment on this new apartment, and am prepping all my services to be on and ready to go on move in. I can move in on July 5th, okay. Middle of the week, no problem, I can move in on the weekend after. My pro-rated rent started near the end of July, so that works out pretty swell.
So I put in my notice of termination with a month and a half to go (a day extra actually) that I'd be leaving on the 11th of July and all that fun stuff.
So I get a call this weekend of them telling me tough shit, I have to move out by the end of June. ...Not exactly what someone who wants me to clean up and make sure everything is in good shape should be saying to me. My walk-through papers Say July 13th was my move in day, I'd figured they would at least work with me on that. Doesn't appear to be the case. The leasing manager is a giant douche but I don't have enough time to go over that.
I am trying to get them to let me move in early, even if I pay the current leasor's for a hotel room for like 2-3 days or something. But it's not something I can bank on. I don't want to spend $1000+ in hotel rooms, kennel costs, and storage for a week and a half either. That is literally last resort.
I appreciate anyone's help! Thank you all for whatever you can uncover for my situation.
Now a little back story. I started looking for a new place to live probably about the end of December. Up until May I have had very little success with all but the shadiest of places. So I finally find a place with vacancy, call up my current landlord (leasing agency) and let them know I was looking but they might need to provide a reference (first place that wanted a reference).
Long story short, I got approved, put my down payment on this new apartment, and am prepping all my services to be on and ready to go on move in. I can move in on July 5th, okay. Middle of the week, no problem, I can move in on the weekend after. My pro-rated rent started near the end of July, so that works out pretty swell.
So I put in my notice of termination with a month and a half to go (a day extra actually) that I'd be leaving on the 11th of July and all that fun stuff.
So I get a call this weekend of them telling me tough shit, I have to move out by the end of June. ...Not exactly what someone who wants me to clean up and make sure everything is in good shape should be saying to me. My walk-through papers Say July 13th was my move in day, I'd figured they would at least work with me on that. Doesn't appear to be the case. The leasing manager is a giant douche but I don't have enough time to go over that.
I am trying to get them to let me move in early, even if I pay the current leasor's for a hotel room for like 2-3 days or something. But it's not something I can bank on. I don't want to spend $1000+ in hotel rooms, kennel costs, and storage for a week and a half either. That is literally last resort.
I appreciate anyone's help! Thank you all for whatever you can uncover for my situation.
bowen on
Posts
Did you try calling them and discussing it before deciding to resort to legal measures?
EDIT: And are you on month to month or a 6-12 month lease on the old place?
I'm going to be calling them within the week to talk about it. I am willing to pay for the full month's use, as sucky as that is, but hey it is what it is. Though that diminished when I received the snotty ass call from her.
Just thought it was weird they immediately went to June and not mention "hey it's fine if you want to pay for all of July you can do that." Hence my suspicion they're being douchetools.
It very well may be a 12 month lease starting July 1, 2010 then specify that you moved in on the 13th and were allowed to pay a prorated amount for the first month.
DID you pay a prorated amount that first month or did you have the entire months normal rent and only moved in on the 13th?
If the lease says it starts July 1 and it's for 12 months then it would end June 30th.
regardless of the technicalities they are still being d-bags. Unless they have someone wanting to move it on July 1 that's really uncalled for, plus how would they even have the place ready to rerent that fast?
I've had multiple instances where I give my landlord the appropriate notice and say that I'd like to move mid-month and would like to pay the prorated amount and they were fine with that, because they get half the months rent, get the rest of the month to retool the place and continue to show it and hopefully have someone in there for the 1st.
Otherwise they would be stuck with it empty and not regenerating revenue for an extra 13 days if you DID leave on June 30th and didn't pay a partial rent for July.
Yeah I did pay a prorated amount but I figured since it was practically halfway through the month that it would flip to the end of the month (could've sworn the paper said if it was after the 10th it was considered the next month's lease and I was just paying a prorated amount.)
Regardless I'll give them a full month's rent and see if they'll fly with it after contacting.
I'm not trying to shirk any responsibility or sue them to the ground, make no mistake, I'm just covering my bases and I don't have an awful lot of time to make sure I have a legal backing if they decide fuck you go stay on the streets for 5 days.
Are you breaking the lease on your old place? You should be able to stay until the date that you told them that you were leaving. If they want to boot you out earlier, they need to put it in writing at least 30 days before the date they want you out. So notifying you by phone is completely ineffective.
This tidbit might be of interest to you, as well. If you stay in your old apartment beyond the appointed day, the damages owed to the landlord are set to double the rent owed for that period.
Maybe my experience isn't the norm, but in the three apartments I've rented none of them have started or ended on the first/last day of the month unless you signed a lease specifically to line up like that for some reason. I don't see any benefit for having people move out on the last day of the month since the landlord has to clean/repair the apartment and thus wouldn't be able to have someone move in a day later.
edit: For the actual question, if the lease says 12 months and the start date is listed as the move in date then I don't see any other interpretation other than an exact 12 months which would be 12th if I'm reading the posts correctly.
I've been renting for 18 years in many different places and I've always moved in and out right around (+/- a day) the first of the month. Generally, it's up to the tenants to clean the apartment and have it ready for the next tenant. Not everyone destroys or leaves filthy apartments on their way out.
Poke around on Craigslist, you're not going to see many "Available mid-month!" listings.
Thanks dojango!
I'm probably going to wait a few more days so that their written notice lines up 30 days with when I want to move.
And yeah the apartment is going to be cleaned, but there is definitely repairs they haven't done. Like the window that's been broken for 2 years (triple pane, outside pane broken) and the carpet is long past its life expectancy (was 8 years old when we moved in, we've been here 5 years almost), and you can tell.
Plus a bit of pet damage but I already told them I am covering that damage.
So yeah it is in their best interest to not fuck me over.
I'm still curious what your rental agreement says that the end of the lease is. That's really your end all answer right there.
I'm hazarding a guess that it's the end of June. Though they've been making me sign a lease one month earlier every year so I have no idea what the hell. Last year it was June this year they wanted it in May.
Well, don't go jumping any guns or making any phone-calls until you actually get a chance to look at it and get the exact date. I have a feeling it's for a round number and not the middle of the month. It doesn't matter when you moved in, it's what that agreement states and what you signed.
Like I said, covering my bases if they refuse to play nice. So despite my ample warning, their lack of notice, and my friendly yet firm phone call, I think I may be good.
Though I am always open to more information that may be of concern.
Dojango, does that double rent apply to if they still have not given a written vacate notice?
They don't have to serve you an eviction notice. When your lease is up, it's up, and if you're still occupying the unit at that time, I don't think that's a good thing. They're not "refusing to play nice", they're business people conducting business. You're not their buddy, you're a tenant.
I've been renting for 18 years and I've never been served any kind of notice when my lease was up. I give them notice (like you did) and you're expected to be out on a certain date. They told you that date (which you should doublecheck on your lease), and if the lease confirms that date, you need to be out of that apartment by that date.
Even so, I had every intention to be out in June, too bad it doesn't work that way, apparently.
The only one of those that has anything to do with this situation is the one where you pay double rent for staying there past your tenancy. The other one is if they want to kick you out before your lease is up.
228 is if the landlord wants you gone. You gave HIM notice. He doesn't have to give you anything. You signed a lease already saying when you'd be gone. Your signature is agreement to that.
In order for them to evict him before a) the lease expires, or b) the day he chooses to move out, they have to give him 30 days notice.
IF the lease expires before July 11, if the lease expires on June 30, then yes, he has to move out June 30th.
So yeah call a lawyer, they'll be able to advise you better than "random internet dude". And they'll know which questions to ask and what dates are important.
Nope. It's still a little unclear as to when his lease is up (as he hasn't looked at it), but what the rental company claims is that his lease is up June 30th and he needs to be out then and he is trying to stay until mid-July.
I am able to move into my new apartment on the 25th of June with a pro-rated amount that I was going to pay to move out on the 15th. Win win.
This was what I was banking on but, as I said, I just wanted to make sure I wasn't without a home for 5 days. Thanks to all!