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Legal advice/interpretation

Posted by dL on July 20, 2001 at 10:52:22:

Boston, MA

Continuing situation. We were recently given a ***Legal Notification*** in person by our landlord stating the following:


--This document will serve as legal notification from lessor/owner___on July 18th of 2001 to lessee's___ as a 30 day written notice in writing before the 1st day of August 2001.

--Current lease expired May 31 2001
Lessee's have option of vacating said unit mentioned above by August 31, 2001 or to remain at said unit mentioned above with a new signed lease dated June 1 2001 to May 31 2002.

--Currently as of July 13 we have not received any rent check for July 1 2001 payment currently (13) days in rears.

We initialed a copy for his records as having received the notice. I have a few questions. One, we did not receive any new lease agreement until Late June. They had cashed the last month's check for May and June. My understanding is by law, the landlord accepts month to month tenants by cashing the checks. We also did not receive a statement of accrued interest for our last month and security deposits. Given we are month to month tenants, the landlord is trying to make us sign an outdated lease which I presume is void given the elapsed time as a month to month tenancy. Correct me if I'm wrong but they would have to supply us with a lease for a term that excludes elapsed time. Second, If we do not agree on the terms of the lease, can they force us to evacuate or must (which is my understanding) they file for eviction with a court date pending for all of us. Then we can make our case to the judge as to why we need more time. I am also requesting bank statements from them for the deposits. If they don't supply us with them, my understanding is legally they must return our money immediately.

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