Q: My landlord wants myself to vacate by next month, gave a text message notice last wk. What are my options?
My property manager reached out to myself towards the end of March saying that my landlord wants a lease by June and that they wanted a rent increase in the same month, this was all through text message too. I’ve been scrambling to try and move out in this short amount of time but the lease was still an option for myself if I chose to stay. My property manager then reached out to myself this past weekend saying I need to vacate the apartment by June. I asked the property manager one on one if the lease was still an option and they said it wasn't and that the landlord wants to do renovations which is why they want myself to vacate. After renovations would be done, my property manager said the landlord would do a lease.
The landlord doesn’t live on the property and there is no written lease. No court order was given to me saying I have to vacate.
A:
The property you live in the subject to the Anti-Eviction Act. Under the act the landlord must have a recognized cause to evict. There are roughly 20 different grounds in the act. The act also provides that if the lease has expired the tenant to continue to live on as a month-to-month tenant under the same circumstances and regulations.
The fact LL wants to renovate the premises is not a reason to evict you. If I were you I would ignore the demand you move out by June. Furthermore since your landlord sounds like such an honest man, I would consider not paying June rent. I am somewhat suspect that is going not to return your security deposit at the end of the day.
I would take the rent money that you are not paying and put into a separate account. If he does decide to sue for failure to pay the rent you have the money to pay him and that is a defense to the eviction. I also wonder if she is registered the property with the appropriate authorities. The landlord-tenant court does not have jurisdiction unless the property is registered and you should have a copy of the registration.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
