Landlords and renting

[SilverSleeper]

How many of you out there in Buickland are landlords?
How many of you guys rent a place?
Im in big need of some advice!

I am currently renting a 2 BR , and the lease is coming due. I really dont want to be in this place anymore, but there arent any alternatives right now. 2 Previous apartment arrangements have fell through, and Im afraid Im gonna be stuck here for another year.
My landlord is an older lady, and she really has no clue what shes doing. Asking her to fix things is like pulling teeth. It took nearly 2 weeks when the drains kept backing up to get it fixed. This place has a lot of ongoing problems which she seems to think arent any big deal (drafty in winter, pipes freeze often, windows dont shut or dont open, fridge that spoils food one day and freezes the drinks the next, leaky roof, broken porch, among other things). Her lease also contains a clause that waives her responsibility for any damages or injuries. For instance, if I broke my leg falling through the busted stairs, she is not liable.
What I want to know, is do I have an "out" if I do sign the lease? If everything was fine with the place, I wouldnt mind living here, but I know she isnt going to fix most of the problems. I dont really want to push the issues right now, Im afraid she wont let me stay until I find a place if it looks like I will cause problems.
I dont mind giving up a security deposit if I do move, but I read somewhere that if I leave, I would have to pay my rent for the remainder of the lease until she finds a new tenant (which will never happen in the shape its in).
Anyone have some great words of wisdom or advice?
Thanks gang!
-Jay

 

[ijames]

First, I don't think you have any kind of "out", at least not one that won't cost you lots of time and most likely money. Read your lease. Every one I've ever had, had a clause detailing what happens if you break the lease. Most common is for you to have to pay two months rent as "enumerated damages", a legal phrase that says it's not rent, it's damages so you have virtually no way out of paying it (you can argue about rent due if the property is uninhabitable or lots of other things, but this avoids all that and nails you ). Sometimes it's equal to one months rent, sometimes it's the entire remainder of the lease, sometimes it's monthly rent until you find a replacement - the point is the only thing that matters is what your lease that you signed says. The deposit should be for damages (not for cleaning due to normal use but that's always such a gray area), and assuming you haven't damaged anything you should get all of that back (so you write them a check for 2 months rent, for example, and they write you a check for the deposit).

 

[SilverSleeper]

Actually, the lease agreement is very vague.
Its tough to tell if I would just lose the deposit or more.
It does state I must stay for minimum of 12 months, give 30 days notice, and leave it in good shape to get my deposit back.
But under the section labeled default, it states that in event of default by tenant, landlord may recover all costs incurred with the recovery of premises including but not limited to damages, unpaid rent and legal fees. What does that mean?
Nowhere does it state exactly what would happen if I did leave. Thats what worries me. If there is a superceding law out there that does state what she can recover.
Most sections state exactly what happens:
-Rent paid 10 days late is 10% penalty
-leave by 1pm on last day or pay 15 days rent
-unapproved pets=$100 penalty

Nowhere does it state that early lease terminaton by tenant will result in "X" amount of dollars in damages, or fees, or whatever.
In fact, right at the top of the agreement, where it states landlord____agrees to rent to tenant_____at_____on a month to month basis at $____/mo. it looks confusing. She "says" its for a 1 year lease, but it looks like it reads as a month to month lease, but I only get my security deposit back if I stay for a year and give her 30 days notice.
ARRRRRRGGGHHH!!!

 

[ijames]

The section you quoted looks to me like if you quit paying rent but stay in the apt she can recover what it costs her to get you out. Rental stuff is one of those things that varies state and county by county. See if your county or city has some kind of tenant-landlord ombudsmans office to help out with disputes like this, or else see a lawyer. Anything else is just us guessing from a distance with no facts that definitely apply to you.

 

[blackbird]

Lease

First take pics of all the damage, so she can't say you did it. and make sure she is notified of the damage, maybe get her acknowlegement in writing. If not maybe get a building inspector from the city to come out. the landlord may not be responsible if you get hurt from a set of nice stairs but if she knows theyre F'ed up then she is liable. also see if you can negotiate a month to month lease. the most important thing is to get everything documented. once you have your ducks in a row and are ready to leave, you can get out of your lease cause she breached the contract (everything must be in working order and habitable). Fu@k that biyotch!!!!

 

[Pronto]

Play your stereo real loud, she'll ask you to leave sooner or later.

 

[87grandnat]

blackbird, Fu@k that biyotch!!!!

good one

 

[buickboy]

I have been a landlord in Texas for 20 years. First, I do not treat my rental property like that lady does. I feel that the tenant has the right to a decent and reasonably well maintained property as long as the rent is current. I have a pretty standard lease which covers most scenarios of vacating the property. If a tenant breaks my lease by leaving early and esspecially if they do not pay for a month or two at the end, the tenant automatically looses all deposits, and gets evicted, allowing me to seize all property left on the abondoned property. Then they come to court and the Judge rips them a new one. Don't break the lease, just try to reason with the landlord and try to be upfront. If a tenant does that for me, I will do my best to work with them.
Mitch

 

[87grandnat]

Mitch i didnt know you were a landlord, i need to talk to you then as i am trying to get into realestate, i would already have it going if i wasnt spending all my money on this car

 

[buickboy]

Josh-
We will talk friday morning.

Mitch

 

[87grandnat]

sounds good, so is it still 7am?

 

[buickboy]

YEP!

 

[Little6pack]

When lease agreement comes back up don't sign it.
Go with a month to month agreement.

That will give you a 30 days to opt out. Same for her.
If something better comes up snag it.

there is no reason for her to keep your Security unless you really trashed the place?
Did you bring in buick motors & car parts into your apartment

Yeah the wrong people tend to be landlords same for renters.
Both situations SUK.
I was a Landlord & I can tell you the tennant has all the rights.
Some will abuse the power too. Lets see you are in a democratic Lib state like NY so things should be in your favor.

 

[SilverSleeper]

See, it confuses me because the top of the lease states "month to month basis", but to get my deposit back, the conditions clearly state that I must stay a year to get it back.
So what I read this lease to be, is a month to month lease, but the deposit only gets returned if I stay a year. I dont see anywhere in the lease that says its for a year, there is no ending date, just a start date. So it seems to me that I could stay for a month, give her 30 days, then leave without any implications other than I would not get my deposit returned.

I know for sure she wants me to stay for a year, or at least through the winter. Its actually a trailer I'm renting, and she wants someone to stay the winter so she wont have to pay to heat it!!

It seems as a friend of mine is getting an eviction from his place, so we might start looking around for something bigger we can both share the costs on. But that will take some time. I dont want to refuse to sign the lease and then not find a place to live by the end of the month. Apartments around here arent all that plentiful. There are so many jobs, and new stores coming in here, but no one is building or renovating places to live.

 

[Pronto]

What about buying a condo? One thing for sure owning is better than renting. Interest rates are still low too.

 

[SilverSleeper]

Not anymore they arent
Fed raised interest rates 1/4% today!!!
Rates for a 30 year went up almost a full point.

 

[typhoon]

RENT=100% interest.



Time to buy IMO.

You can't lose on real estate unless you trash the place.

 

[SilverSleeper]

Believe me, I would buy if
1. My credit didnt suck, thanks to early college stupidity
2. I knew where I wanted to be 5 years from now.
3 There was anything worth buying here.
I finally am getting my credit sorted out, no thanks to my identity theft last winter.
But I dont really want to be tied down for 5 years to a place to just break even. Im thinking of changing careers, going back to school, maybe somewhere else. I am pretty assured my job will be there for a year or two, but 5 years is speculating too much for this place I work in. If I get called up to transfer, I might just do that.
I have been looking. Been eyeing property here for about a year. I can honestly say I cant afford the price of something that isnt a dump, especially with the local taxes. A house would be perfect, though, since the main things I like to do (play drums+write music, and work on cars) pretty much require a house with some space. But I cant honestly say I will be here for 5 years.

 

[NoNos38]

The biggest problem that people have buying a house is the down Payment.... Most people in this world live paycheck to paycheck and may have that $1,000 for the rent , but that is it.....

P.M me if you want any advise on this subject.... I know afew loupholes in the way this stuff works..

Matt

 

[DKREDT]

Negotiate

I would suggest a clause that you write into her lease that will supersede the other termination language.

something like...

Tenant's termination Right

"Upon 30 days written notice from tenant, tenant may terminate said lease. Notice shall be served upon Landlord via US Postal Service, registered mail, return reciept requested. Termination will occur 30 calendar days from date of reciept by Landlord. Upon termination, Landlord will promptly inspect premises and return security deposit within 10 business days, less damages as herein described. Tenant will have no further rent obligations due to Landlord upon termination as described above."

I am not a lawyer... but EVERYTHING is negotiable. If she does not work with you... walk. Most leases are ONE SIDED pieces of crap. I have negotiated a bunch or personal and corporate leases over the years. See how far you can push her. Sounds like you may have some power in the situation if her place is kind of a dump. While your at it, ask for a clause that allows you to make repairs and withold rent for your improvements.