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

Need to move out

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Old Aug 11th, 2007, 09:46 AM     #1
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Default Need to move out

Hopefully you can help me with this situation!

My roommate and I are renting a house. The landlord does not live with us, but is consistently showing up at the house at any given time, and using the house for her personal reasons (ie parties, meeting men off the internet, etc). She has even brought a man back here and used the backyard for "relations", very loudly and disgustingly. Obviously my roommate and I have been extremely angry. Now she's put the house up for sale, and although she says she is not selling (she says it's up to "help sell her dad's house"), we know that she is. The house has been on the market since June, and the realtor rarely gives us 24 hours notice with showings, we are constantly put out by showings in the house. She is lying to us (wants the rent money...), and I cannot trust her. I just feel that nothing has been fair to us. I need to get out also because I will not be living in the city after next summer, so if I need to sign a year's lease somewhere, I need to do it soon. We do not have a written lease with her, and I have given her 3 weeks notice that we are moving (we will be out Sep 1). Can she bring us to court for the month's rent since we only gave 3 weeks notice? Or do I have a defence with everything else that we've gone though? Thanks for your thoughts!
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Old Aug 12th, 2007, 01:03 PM     #2
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Default Re: Need to move out

It is permitted to break the lease (or sue for the decreased lease value in small claims) if they have failed to comply with the lease and/or there are material health, noise or safety concerns--but save all information, evidence etc. in case they dispute the situation and try to take you to small claims court.
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Old Aug 12th, 2007, 10:49 PM     #3
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Default Re: Need to move out

As the last poster has said, she can sue for the failure to give proper notice. You can be held to pay the rent for the period of proper notice that you were supposed to have given. Normally, in most areas, without a written lease you need to give 30 days notice. But some states actually require a shorter time period. I suggest you check your local LL-Tenant laws and see how much notice is required for a "month to month" or "tenant at will".

As for any defense to the lack of notice - Have you given any written notice/complaint about her actions to the LL? Have you documented any of this? Did she reserve the use of any room in the house for her private use (thus making you a co-tenant with her)? If so, was it written in the lease? You need to document these things if you plan to use any of it if she takes you to court.

As for the realtor, not all states require 24 hour notice. But most states give the LL the right to enter the unit to show it to prospective buyers. You need to read up on your state's law to see how much notice is required to see if this was legit or illegal. If it was not legal, you may have cause to leave without the proper notice. I hope your next place is much quieter.
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