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Posted: Jun 06 2009 04:36 am

So my landlord did a surprise walk through without providing me with a two days written notice.

Here's what happened.

I was sleeping in my room and had my door locked from the inside, it's like one of those bathroom doorknobs that locks once you push in twist to the right, and it came with the apartment.

My friend who was staying the night and sleeping on the couch answered the door when the land lord arrived.

Landlord: Is the home owner available?

My friend: No Blackout rents this place from you, you know that.

Landlord: Well did he get the notice that I was coming for a walk through?

My friend: I dunno, lemme go ask him,

My friend at this point tries to wake me up, but since I'm asleep with my door locked no such luck.

The landlord then asks if he can come in any way and my idiot friend lets him in.

The sink had dirty dishes in it and there were about six empty beer cans from the night before on the coffee table (we split a six pack), and I hadn't vacuumed in a while.

I get a letter a few days ago that my lease has been ended because During out last scheduled walk through the unit was unkempt, there was damage being done, and you had installed a locking handle to one of the bed rooms, because of this we feel you should end your stay with us blah blah blah etc.

Now I called my landlord to get some answers and to call him on his bullshit, namely, what specific damage, and why did you think ti was ok to do a surprise walk through? I also tried pointing out that I didn't install any locks because that door knob was present when I first rented the place and that they should be aware of that, and also let them know that their walk through was not technically legal, and that I'll do my dishes when I damn please, it's not like there was anything rotting or gross or violating health code.

Only problem is that the landlord is conveniently absent when I call, and the receptionist has no idea what I'm talking about and doesn't seem to do a good job at forwarding my messages because the guy never returns my calls.

I've had problems with these guys before, took them days to respond and fix a leaking water heater and the plumber they sent was the one that convinced them they needed to send someone out to vacuum all the water out to avoid damage because they ignored my reports that the damn place was flooded. Also when I reported that someone had thrown a rock through my garage window and that they needed to fix it they took a whole week to decide to send someone out to board it up, and have yet to replace it, just a damn board! Mad

I think they're trying to hustle me out quick because they can't raise my rent any higher and maybe they found someone who is willing to pay more or something, not really sure what is going on Confused

I just can't understand how they are ending my lease based on vague reasons and are giving me the run around when I try to get concrete answers out of them.

On the plus side I hate living there and am more than happy to leave, but doesn't the illegal surprise walk through + vague damages reference + accusing me of installing something that came with the unit + ducking my calls and not giving me real answers strike you as fishy?

Confused

Posted: Jun 06 2009 09:42 am

Bullshit maximo, although this isn't the first time I've known landlords to do shit like this, even shit I've had done to myself. It definitely is either fishy or they are just terrible landlords/people. Since they're trying to boot you for essentially no reason, I think you'd be able to take them to court over it. If they keep dicking you around or whatever, I'd see if you can talk to a public defender or another lawyer and know what laws are in place in your state/province to protect you from assholes like them.

UsaSatsui's Youtube Channel · Posted: Jun 06 2009 10:35 am

Since he was invited in by your friend, who should have had more common sense, the walkthrough was "legal". However, this doesn't sound like grounds to terminate the lease.

If you want to leave, just go with it, but if you want to stay and/or screw with the guy, do the following:

1) Continue to pay the rent. Attempt to pay it in person, not by mail if you do so. Give them the opportunity to accept or reject the rent. Accepting it will extend things for a month. If they refuse rent, hold on to it.

2) Stay in the place. You'll eventually get an eviction notice.

3) Respond to the eviction notice with your answer. There's usually a fee to file your answer, but it's hardly backbreaking, and you can ask for it in damages if you win. Usually it's a very easy form to fill out, and you fill in your reasons why the eviction isn't valid. You can also ask for damages (the money you're out) in the answer.

4) They'll send you a court date. Show up, dress nice, bring pictures and other proof (witnesses, particularly the friend who let him in, he owes that much). Their attorney will probably try and settle with you beforehand. Listen and take it if you like the deal.

5) If you win, the landlord can't break the lease, and you're entitled to damages. If you do win, pay your back rent immediately. Don't expect a lease renewal. If you lose, you have a few days to get out before the Sheriff shows up and forces you out. In that case, you probably want to hold onto your back rent (though you probably will still owe it).

Posted: Jun 06 2009 11:07 am

Well that's the deal, all charges will cease by the date or when I turn the keys in (which ever comes first).

As much as I want to proclaim shenanigans I really want to leave anyways, and since they're terminating the lease instead of evicting me it's really a good chance to cut and run.

The one thing I'm wondering is are they going to be dicks about the references? They never had a problem or complaint about me in three years, and now they're just asking me to move on, no last months rent or anything like that due. I'm planning on getting the place immaculate and taking pictures to prove it in case they try and keep my deposit, but other than that I just want to wash my hands of the whole place.

What are the odds of them being a lot nicer about references if I bring up the bullshit walk through and my ability to not mention it? Confused

Posted: Jun 06 2009 01:33 pm

For the record, no matter what the landlord says (Cause they will lie), they CANNOT evict you without taking you to court first. That may only be a Massachusetts thing, but I think it's federal.

UsaSatsui's Youtube Channel · Posted: Jun 06 2009 03:55 pm

Quote:

As much as I want to proclaim shenanigans I really want to leave anyways, and since they're terminating the lease instead of evicting me it's really a good chance to cut and run.

He cannot "terminate your lease" without your consent. A lease is a contract. Either you agree to it (which it appears you are) or you don't and legally fight to have it upheld.

Eviction is the legal process of removing you from property you don't have the right to occupy. It's what he does -after- he breaks the lease and asks you to move, and you don't. He doesn't have the choice...he does one, then if you stay, does the other.

Quote:

The one thing I'm wondering is are they going to be dicks about the references?

They're throwing you out for excessive damage to the property. I'd say they'll be dicks.

Save those pictures. Your new potential landlords are going to ask about your old place. Tell them what the old guys did, then show pictures to prove they were wrong.

Quote:

For the record, no matter what the landlord says (Cause they will lie), they CANNOT evict you without taking you to court first. That may only be a Massachusetts thing, but I think it's federal.

It's the law in all 50 states and beyond (but not "federal law"). But correct. They must take you to court and show you violated your lease to evict you, and even then, they cannot evict you themselves (the Sheriff or Constable usually does).

Posted: Jun 07 2009 03:51 am

Well here's where I'm confused, the letter is worded like they are asking me to leave and if I refuse then they'll evict me. It's in my month to month lease that either of us can end the lease as long as their is proper written notification. Since there is and I plan on leaving anyway, it wouldn't really count as an eviction on my rental history would it? Confused

UsaSatsui's Youtube Channel · Posted: Jun 07 2009 12:38 pm

Blackout wrote:

Well here's where I'm confused, the letter is worded like they are asking me to leave and if I refuse then they'll evict me. It's in my month to month lease that either of us can end the lease as long as their is proper written notification. Since there is and I plan on leaving anyway, it wouldn't really count as an eviction on my rental history would it? Confused

You're month to month? That would have been an important fact to know. Smile

Yes, they need to give notice to you, the amount depending on the state (usually 30 days), but they can do this.

No, this is not an "eviction" and should not go on any sort of report (the only "report" that deals with this stuff is a credit report, and it's not the eviction that's reported per se, it's the non-payment of your rent). Since money isn't the reason, this shouldn't go on your credit report at all.

Whether or not they'll say good things about you when someone calls them to see if you were a good tenant, that's another story.

So, yeah. At this point, they're saying, "Your lease is up, get out". If you don't get out, then they can evict you. Eviction is the process that gets rid of people when they refuse to leave, you can't start with the eviction. You need to ask them to leave first, then give them time to.

Posted: Jun 07 2009 01:05 pm

I'm torn, the mean vindictive side wants to make a bunch of noise about the walk through having no written notice and the door knob issue and then offer to keep quiet about it in exchange for a neutral reference, and the nice guy in me says fuck just leave.

I'd better flip a coin. Neutral

UsaSatsui's Youtube Channel · Posted: Jun 07 2009 01:29 pm

Blackout wrote:

I'm torn, the mean vindictive side wants to make a bunch of noise about the walk through having no written notice and the door knob issue and then offer to keep quiet about it in exchange for a neutral reference, and the nice guy in me says fuck just leave.|

Your friend gave him permission to enter. That right there means your "notice" argument is probably tossed out the window. It's a dick move, but it's legal.

Definitely try and talk to the guy...I don't see how your "mean" path is that mean. What have you got to lose? One way to go may be to say you're turning your key in, but want to do it in person. Then forget your key when you go to talk to him, then you can bring your concerns up. Since you're month to month, you don't have much of a court case, since you have no lease (and therefore no contract). He can end your tenancy at any time (this is different from above, there I assumed you did have a long term lease)