Q: Can a new apt. landlord demand 4 months back rent for "breaking a lease" that was month to month?
My former landlord rented to me month to month with no issues for almost 12 yrs. He sold the building & I moved out Feb. 1, 2017. The new owner is claiming my lease expires 10/31/17! I only accepted a rent increase, never agreed to change my terms from monthly to one year, as I was looking to move and had no reason to commit to a one year lease! The owners are demanding 4 months rent for breaking a lease I never had! I gave the required 30 days written notice in Dec. 2016 with my January rent, but I'm being threatened with collection if I don't pay $3,300 within 30 days. I'm retired on Social Security and very worried that my bank account will be seized if I don't pay. This is creating emotional chaos and I can't receive pro bono service of a tenant advocacy lawyer until I get an actual summons. What should I do in the meantime to protect my small savings? My former landlord confided that the new owners are less than sterling to deal with.
A:
If you had a written lease with your old landlord, check the terms of that lease to see what the notice requirements were. The terms of an expired lease which has converted to a month to month still remain in effect, other than the lease term. Both you and the new owner are bound by that.
Absent that, you are correct that a 30 day notice that you are attempting to leave is sufficient. There's really nothing you can do unless they actually sue you, unless you didn't get your security deposit back within 30 days of vacating your property.
Consider contacting an experienced landlord tenant attorney.
(No one can seize a bank account without first going to court and obtaining a judgment.)
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