BG Law: Apartments and such~

[Snick]

So right now, my boyfriend and I live in a place and we don't have a lease with the landlord. We never did, it was up in November when my boyfriend still lived with his brother, and it was always just in his brothers name, never his. In the beginning of December when I moved in we talked to him and he said he'd write up a lease but never did. We've paid the rent the last 2 months and it's fine, that's not the problem.

Now the brother owed the landlord $750 still. He was in the city for the holidays and said he was going to pay him back, but didn't. And we haven't been able to get in touch with him for like 3 weeks now. The landlord expects it from us, but we're not paying. That too is not the problem. This place is shit, and we both know it and so does the landlord. He's (apparently) put up with a lot of shit from my boyfriend and his brother because this place needs too much fixing up to be worthwhile to kick us out. Or that's what I've heard anyways.

But because of this we've been looking for a new place. Because we don't have a lease we can just leave, and I also figure since we have a lot of junk here we need to get rid of, we could just leave it here. I figure we have no obligation to the landlord. I figure he can't go after us for shit, but on the other hand I know nothing about this shit.

I am fully aware even if there is no legal obligation on our part that it's still a total dick move. I don't really care about that. Just curious if there is any obligation on our part here.

[Olo401]

Oh if only it worked that way.. You need to research your state/city's housing laws and/or hire a housing law attorney. Even without a written lease contract there are obligations for both landlords and tenants, and if there is a verbal agreement in place that will stand up in court should it come to that.

Also I've been through several instances where a landlord wouldn't fix something - that most likely is not a valid or legal reason not to pay your rent, and can give them cause to evict. You can report the problems to them, or to the state/city housing department if they refuse to fix it, or in some cases you can fix it yourself and submit the receipts in lieu of rent (depends on the state/city). And if you leave the place trashed, don't expect to receive any security deposit refund.

[Silviya]

Oh if only it worked that way.. You need to research your state/city's housing laws and/or hire a housing law attorney. Even without a written lease contract there are obligations for both landlords and tenants, and if there is a verbal agreement in place that will stand up in court should it come to that.

Also I've been through several instances where a landlord wouldn't fix something - that most likely is not a valid or legal reason not to pay your rent, and can give them cause to evict. You can report the problems to them, or to the state/city housing department if they refuse to fix it, or in some cases you can fix it yourself and submit the receipts in lieu of rent (depends on the state/city). And if you leave the place trashed, don't expect to receive any security deposit refund.

Pretty much this. Also I would advise against leaving your shit in the place when you leave. I wouldn't put it past him to charge you (a lot) to remove it for the new tenet. Just find a dumpster instead.

[kyod]

You need to research your state/city's housing laws

This. Some states/cities favor renters, others favor landlords in this situation.

[Kellanved]

So right now, my boyfriend and I live in a place and we don't have a lease with the landlord. We never did, it was up in November when my boyfriend still lived with his brother, and it was always just in his brothers name, never his. In the beginning of December when I moved in we talked to him and he said he'd write up a lease but never did. We've paid the rent the last 2 months and it's fine, that's not the problem.

But because of this we've been looking for a new place. Because we don't have a lease we can just leave, and I also figure since we have a lot of junk here we need to get rid of, we could just leave it here. I figure we have no obligation to the landlord. I figure he can't go after us for shit, but on the other hand I know nothing about this shit.

I am fully aware even if there is no legal obligation on our part that it's still a total dick move. I don't really care about that. Just curious if there is any obligation on our part here.

You have a periodic tenancy. A written lease is not necessary to create landlord-tenant relationship. Many tenants have no written leases or specified end to their tenancy but they still pay monthly rent, creating a month-to-month tenancy.

A periodic tenancy, like the month to month tenancy, renews automatically each month, unless one party notifies the other of the intention to end the relationship. By statute or common law, notice is required before either party can terminate the relationship and end the periodic tenancy. Most states require a month’s notice to end a month to month tenancy.

You’re obligated to notify the landlord before you can end the relationship, the required duration of the notice vary. (It’s probably a month)

Otherwise the landlord may sue immediately for damages for breach of the lease (agreed upon rental price minus the fair market price, including the cost of locating a new tenant)

If the landlord waits till the end of the lease term to sue, most states require the landlord to mitigate damages by acting reasonably to find a replacement tenant, damages recoverable include the reasonable cost of finding a new tenant, the difference between the rental price and the new rent paid by the replacement tenant if lower than the original rent and a new tenant is found. The landlord is also entitled to recover the rent for the premises while it remains vacant under the lease.

[isladar]

But because of this we've been looking for a new place. Because we don't have a lease we can just leave, and I also figure since we have a lot of junk here we need to get rid of, we could just leave it here. I figure we have no obligation to the landlord. I figure he can't go after us for shit, but on the other hand I know nothing about this shit.

I am fully aware even if there is no legal obligation on our part that it's still a total dick move. I don't really care about that. Just curious if there is any obligation on our part here.

Kind of interested to know how the dick move is justifiable in your head. "I wanna make sure I'm not legally culpable so I can be an asshole" is all well and good, but what exactly makes being an asshole an acceptable course of action? Protip: "Well, so-and-so was a dick..." is not, in my mind, a reasonable excuse for your own planned poor behavior.

[rog]

Kind of interested to know how the dick move is justifiable in your head. "I wanna make sure I'm not legally culpable so I can be an asshole" is all well and good, but what exactly makes being an asshole an acceptable course of action? Protip: "Well, so-and-so was a dick..." is not, in my mind, a reasonable excuse for your own planned poor behavior.

I don't think he thinks it's justified, so much as he just doesn't care.

[Snick]

Pretty much what I expected. Like I said, I know nothing about this kind of shit. Never bothered to learn it because I never expected to move out this soon.

I sorta figured because we were paying rent and still living here there was an implied contract (Or whatever the fuck it's really called). But I really just wasn't sure how much that really mattered or not.

In the end, I probably wouldn't pull the dick move because my inner goodness (Or rather, my boyfriend) wouldn't let me. But moving out isn't a certainty, it depends mostly on the money the brother owes him that I really don't feel we should be responsible for. He was a previous tenant who didn't pay his rent, makes really no sense that we should have to pay it just because one half of us is related to him.

I should clarify though. We didn't make this place shitty, it was shitty before they moved in 2 years ago. It's an upper level of a duplex, of a really old house. Ceiling is cracked, walls damaged. It's just an old shitty house, nothing we did. The only problems I care about is the kitchen sink leaks, and a few light sockets don't work. Shit I could fix easily, but I'm not going to pay for myself. And if he wanted to find a new tenant he'd really need to fix it up to be presentable, which is probably why we haven't just gotten evicted yet.

And rog knows me so well <3

[Kellanved]

Pretty much what I expected. Like I said, I know nothing about this kind of shit. Never bothered to learn it because I never expected to move out this soon.

I sorta figured because we were paying rent and still living here there was an implied contract (Or whatever the fuck it's really called). But I really just wasn't sure how much that really mattered or not.

In the end, I probably wouldn't pull the dick move because my inner goodness (Or rather, my boyfriend) wouldn't let me. But moving out isn't a certainty, it depends mostly on the money the brother owes him that I really don't feel we should be responsible for. He was a previous tenant who didn't pay his rent, makes really no sense that we should have to pay it just because one half of us is related to him.

You’re not responsible for the previous tenant’s debt/obligations under his lease, unless that previous tenant has transferred that lease to you as an assignment (as oppose to a sublease). Based on what you said, that doesn't seem to be the case. It sounds to me like the previous tenant just abandoned his lease and the premises, while you were living in there and an arrangement developed between you and the landlord.

[Meresgi]

I am fully aware even if there is no legal obligation on our part that it's still a total dick move. I don't really care about that. Just curious if there is any obligation on our part here.

It is a dick move, but how is your landlord personality wise and will you be using him as a reference later for other apartments? If not, or he's a total dick..then fuck him. I had a horrible landlord, who overcharged me for what was basically a closet+bathroom and kitchen (1st apartment, didnt know better). I wasn't mad about that too much, as it was my own fault for not looking into it, but there were a few times where I told them I would be out of town on the day I had to pay rent so I asked them to come a day early to pick it up ( they lived a few blocks away). They wouldnt come pick it up, I would be gone for the day of rent payment, then come back to 13 messages on my phone and a note tacked on my door calling me a "fucking lowlife who had needs to pay rent NOW".

I was never late on rent payments and always talked to them if there was an issue. Either way, the lease ran out, I stayed there for another month, they got even more bitchy w/o asking me to renew the lease. Eventually left and left all my pizza boxes/cardboard and other shit just piled up in the middle of the room and went my own way.


My new place isnt much better, but at least my landlord fixes the shit. There is no insulation for the house, which is fucking AWESOME during the winter in NY.... but I got him to replace the stove and the hot water heater as they both went out a month after moving in.

[Yugl]

Kind of interested to know how the dick move is justifiable in your head. "I wanna make sure I'm not legally culpable so I can be an asshole" is all well and good, but what exactly makes being an asshole an acceptable course of action? Protip: "Well, so-and-so was a dick..." is not, in my mind, a reasonable excuse for your own planned poor behavior.

It sounds like Snick is a girl, so that would make her a bitch actually.

[Snick]

It is a dick move, but how is your landlord personality wise and will you be using him as a reference later for other apartments? If not, or he's a total dick..then fuck him. I had a horrible landlord, who overcharged me for what was basically a closet+bathroom and kitchen (1st apartment, didnt know better). I wasn't mad about that too much, as it was my own fault for not looking into it, but there were a few times where I told them I would be out of town on the day I had to pay rent so I asked them to come a day early to pick it up ( they lived a few blocks away). They wouldnt come pick it up, I would be gone for the day of rent payment, then come back to 13 messages on my phone and a note tacked on my door calling me a "fucking lowlife who had needs to pay rent NOW".

I was never late on rent payments and always talked to them if there was an issue. Either way, the lease ran out, I stayed there for another month, they got even more bitchy w/o asking me to renew the lease. Eventually left and left all my pizza boxes/cardboard and other shit just piled up in the middle of the room and went my own way.


My new place isnt much better, but at least my landlord fixes the shit. There is no insulation for the house, which is fucking AWESOME during the winter in NY.... but I got him to replace the stove and the hot water heater as they both went out a month after moving in.

I've been told he's a laid back guy really. Never met him or even spoken to him, and the only information he has about me is my name really. But for example, we didn't pay rent this month til like the 4th or 5th just cause we were so busy and he didn't call us or anything. We eventually called him and apologized for the lateness etc. And that's when he told us we owed him that $750.

Either way, we've reached a resolution (sorta), we're staying here (and therefor cleaning up the junk) unless the landlord makes a huge deal about this money. But he hasn't called us or anything since then, so I have a feeling if we just ignore it he'll forget/stop caring/whatever.

Christfuck, I'm a guy. I have no idea how I come across as a girl at all D:

[AoE]

There's no bass in your posts.

[Apelila]

So what's the landlord say the money is owed for out of curiosity?