30 Day Notice

[GAC]

I got my renewal lease I signed it and returned it to the landlord. However, the landlord has not sent me the signed lease and it is now over 30 days. This landlord has given me a number of problems, and, fed up, I got myself a new partment. What are my rights? Can I tell my current landlord that I am moving at the end of my lease (which is in 15 days). What are my obligations?

Thanks

[Zamindar]

I would not think that you are in a good position; you already stated that you signed and returned your lease renewal. And unless you can prove that your landlord did not sign and send the lease back to you, I would think that there is a valid and enforceable lease, and you cannot just leave in 15 days and expect to get off scott free. You can try and let your landlord know that you are leaving due to his lack of getting the lease back to you when you expected it. But this would only ensure that he would ‘find’ your lease in his files with a statement that it was returned to you. Your best bet may be to follow what ever in your lease would permit you to leave and take it from there. You also state that your landlord has given you a number of problems, if these are anything that you can use as a breach of habitability, i.e., code violations get them documented and you could perhaps use this as leverage to get out. But I would question how serious these were since just over 30 days ago you though it was worth your effort to renew your lease, and abide by the terms of the contract between yourself and your landlord.

[Chimera]

You shouldn't have decided to move into a new apartment until you had put a lot of effort into contacting the landlord regarding your problems. If you can't prove that you have asked your landlord to return your lease you won't have much of a leg to stand on in court. The way to prove these things is to have everything in writing -- mail all requests through certified mail, return receipt requested. Is it possible that your landlord wants you out? If this is the case, perhaps you can get a written agreement from him releasing you from your lease.

[tiredsecy]

Any correspondence with the landlord I send via federal express in order to get a signature upon receipt. Every renewal slip I have made a xerox copy of, whether or not LL signed it, and asked for a hard copy for my files to boot.

Didn't you make a copy of your renewal before sending it back?

Hope you can get your deposit back on the other apartment. You're stuck in the renewal one until the end of that renewal lease.