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Given 30 Day Notice

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Given 30 Day Notice

Postby NeedHousing » Tue Aug 07, 2012 10:57 am

After negotiating our lease renewal weekly over the course of a month and providing us with a draft our landlord changed her mind and issued us a 30 day notice to vacate instead. She cited noise complaints from the other tenant. We have tried to be courteous and keep things quiet for them. However, we have a large family. There are 7 of us. Our children are 17, 10, 8, 6, & 3. The house layout is poor. Our kitchen wall is their bedroom wall. Our 2 bathrooms are directly above their bedroom. The complaints are mostly when we are getting ready for work/school. We were upfront about the size of our family before we had even seen the house.

My concern is that we are having difficulty finding new housing. We put a deposit on another apartment and that landlord changed his mind. It had to do with how many of us there are (gas bill was included in rent and concerned about the hot water cost), but he was careful how he communicated that. Some people won't even show us, stating their house is too small for us (including an over 1800 sq ft one). Of course we are limited by many complexes that are only 3 bedrooms because their max occupancy is 6.

What happens if we don't find a place? If we don't vacate by Sept. 1? This is so frustrating and scary. Our one child has a heavily modified special ed program and we don't even know what school district we will be in with the start of school approaching.
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Postby TenantNet » Tue Aug 07, 2012 11:40 am

Your situation is unfortunate. But also unfortunately, this website deals with landlord problems, not how to find an apartment. I can tell you that 1800 SF is on the small side for a large family like yours. But of course there are many who manage to squeeze into such spaces.

On your current space, if the current lease is over, then you're month-to-month and the LL must give 30 days written notice. Make sure the notice is proper in all respects. If you stay after that, then the LL can take you to court seeking to have you evicted. With the current state of the tenant blacklist, I would try to avoid that.

Perhaps you can get the LL to change her mind back. I have been told by a lawyer that if they had given you a lease to sign (offer) and if you signed an returned it (acceptance), then that should be binding, even if the LL hasn't signed that.
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Postby Emeraldstar » Wed Aug 08, 2012 1:11 am

Hi All
Just a thought...if you do try to convince the LL to let you stay maybe offering to get thick/double padding under carpeting will chnge their mind? (I'm assuming you have carpet)
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Postby ronin » Sun Aug 12, 2012 2:27 am

Tenant's idea is a good one here. But I would send the lease certified mail. In addition, Emeraldstar's idea is probably also a good idea to do once you are secure in your apartment.

Padding will not cure the problem, but will help. All of those children are a lot of noise for the tenants below you.

Lastly, you should explore whether the sudden reversal on the renewal lease is Housing discrimination based on your children (and for those LL's who gave you the cold shoulder). A complaint to the state & federal discrimination agencies might do wonders for your family's housing needs.



PS. Tenant, this guy sounds like that group my old slumlord put above me for a few years. Except he didn't mention the three loud parties each week with the super as the DJ...
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