Posted by TenantNet on September 01, 2001 at 11:01:41:
In Reply to: Re: Waiting on house..hustle man posted by dj on September 01, 2001 at 10:11:30:
Please ignore DJ ... his advice is consistently wrong. If he's not Richard (who was banned for other reasons), he sure sounds like him.
It's not a question of who is being reasonable; it's what can you do.
You need a place to live. You can inform the owner that you might not be out by the end of September (at least so he won't put other people in a bind). You should give him a date (whether it's mid-October or late October) and offer to pay rent for that period. Make sure you change the locks so he won't resort to illegal self-help. THe owner's remedy if he wants you out after the termination of the lease is to take you to court -- he can't evict you without a court order. And to get a court order, it would take minimum a few weeks. You should make sure the LL getss paid for the time you're still there (unless there are other reasons to withhold rent), but don't let him force you out. You might even conssider offering him a bit extra for the uncertaintly of when you will move out -- or let him keep the deposit. If he tries to take matters into his own hands, call the police. In NYC, it would be a criminal offense. Upstate, it's a civil matter, but he can't physically remove you without a court order. And the police should not make a judgment on the civil issue -- it's not their job.
: The Landlord is NOT being unreasonable......
: YOU have to put pressure on your lawyer, and the seller's lawyer to finish up in the alloted time.
: Oct 15th move out? Sorry but it is very hard to rent out an apartment in the middle of the month so to ask a landlord to lose 1/2 a months rent is not a very good idea. And rent and security are two different things.
: If he gives you an eviction notice today ..you WILL have to be out by Sept 30th, becuase if he does have someone moving in Oct 1st and you are still there, the new tenants can sue you for their moving expenses hotel room meals... everything
: So its best if YOU get a hotel room and put your stuff in storage..
: I feel sorry for you, because i think this house is going to really hurt you finacially real bad....you have no lee way in case anything goes wrong.
: : I rent an apartment in upstate New York. My one-year lease expired Aug. 31, 2001,but I signed a one-month extension with my landlord. I am in the process of buying a house, but things are moving rather slowly. the closing date for the house is set for the end of Sept. 2001, but because things are going slow, I may or may not have the house by then and might, or might not in the apartment in Oct. I don't want to pay another month's rent for Oct. when I may not be living there. Near the end of Aug. I offered a move-out date of Oct. 15, and pay a half month's rent, but my landlord refused (We don't get along). For two months, he's been trying to get new tenants in the apartment, and is trying to pressure me into giving a move-out date of Sept. 30. I can't afford to pay a month's mortgage and a month's rent, but I can't give him a definite move-out date of the beginning of Oct. As is, I felt like I was taking a risk in offering a Oct. 15 move out date.
: : What should I do? Should I just let the extension run out and see on Oct. 1 if the landlord has new people with their moving vans set to move in? The landlord already has a month's security, he hasn't given me any written notice, but I know he wants me out. I feel that he is being totally unreasonable.
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