Thursday, December 31, 2009

Problem with landlord/brother...advice?

On April 1st I went up to tell my brotehr and sister in law..who are also my landlords...I have the basement apartment in their home...that I was gonna start looking for a place





she told me take my time..that she prolly wanted to keep the basement for themselves or rent it out to her friend or if they had to..a stranger which she said she wouldnt really want.





So when I found my new apt. last weekend for May 1 I went happy to share the news to them and she got mad. She said she didnt take me going up there as the 30 days notice and now she wants to take when I found the apartment as 30 days from there and wants me to pay the rent for May even if Im not living there.


ANd she wants me to sign a paper agreeing to this.





Whats your opinion?Problem with landlord/brother...advice?
Did you sign some type of lease with them? If not, they cant legally do it. But if you verbally agreed to it..they can take you to court. She CAN NOT make you sign anything..it sounds like you never signed a lease with them,,b.c had you signed some type of lease..it would of stated in the lease that you must give a 30 day notice. Legally you gave her a notice..its not like you picked up and left with out letting them know. Maybe you can pay them a prorated amount for the month of May?


I would just hold off another month before moving out just so you dont burn bridges with family.


Or talk to your brother about this if his wife is the one thats coming down on you regarding the situation.Problem with landlord/brother...advice?
30 days notice spanning one full rental period is pretty much universally standard. You're liable for the rent for May or until they secure a new tenant.





Although they are legally obligated to make a reasonable effort to secure a new tenant to mitigate your losses, most courts have held that 60 days is sufficient time to secure a new tenant so even if they choose to not let out the basement again you probably won't prevail on that issue.





It doesn't matter that you are related to the landlord.
Since it's family I find it a bit mean that they would ask you to pay May rent, but by law you have to give 30 days written notice to your landlord and they can hold you to those terms
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