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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old Jul 2nd, 2008, 12:57 AM     #1
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If my building did not give me any notice of renewing my lease, and let it expire because they said they were not renewing it when i went to the office to check on it, 3 days before the expiration, because they said they investigated someone was living there, are they wrong? They said it was a delay in sending it, and they were about to but my roomate filed a police report and they found out she was there for a while, when i can't sublease.
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Old Jul 2nd, 2008, 08:51 AM     #2
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If they are not renewing your lease, and have not given you proper notice of such, your lease will convert to a month to month agreement. You should receive a written notice to vacate the unit.

Even if you illegally subleased the unt, they need to give you written notice to vacate or to cure the lease violation. They cannot expect you to move out at the end if they have failed to notify you that they do not intend to renew.
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Old Jul 6th, 2008, 10:20 AM     #3
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thanks. is there a such thing as curing the lease violation what is that?
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Old Jul 6th, 2008, 11:01 AM     #4
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Some states allow a tenant a specific period of time to cure a lease violation. (Other states do not.) In those states that allow this, the LL issues a Perform or Quit notice or a Lease violation notice which explains what clause or section of the lease is being violated. The tenant has the time period on the notice to cure the violation (stop the behavior, correct the problem , or whatever needs to be done). If the tenant cures the violation in that amount of time, the tenant can remain at the unit.

If the tenant fails to cure, the LL may have several options, depending again on state law and the lease itself. The LL may elect to cure the violation himself and bill the tenant for the costs. (He may use this for something like a tenant who fails to mow the lawn.) The LL may elect to terminate the lease and give the tenant a notice to vacate. (He might do this for having an unauthorized pet - usually used for something the LL cannot cure himself.) Or the LL may elect to file for eviction. (Usually reserved for material breeches like health conditions, severe property damages, or drug offenses at the property.) Please note, some states do not allow a tenant the right to cure, but allow the LL to issue an Unconditional Quit notice, where they tenant must just leave within that period or face eviction.

In your case, where it appears you subleased without permission of the LL, a notice to cure may tell you to remove the sub-tenant or face eviction of you and he. If this is the case, I suggest you speak to management immediately and find a solution. Your name would be on any eviction they file so it is imperative that you settle this yourself.
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