I pit my #@&%$!! absentee landlord!

[Chance_the_Gardener]

Soon-to-be-ex-landlord, that is.

Here’s the story, in brief. I came home from a nice weekend in Connecticut with my girlfriend to my roommate who says, “We need to talk.” Apparently a young couple dropped by this past weekend to look over the townhouse, because they were interested in buying. My roommate called our landlord, (who is also his uncle,) who said, “Oh, there’s been a mistake! See, the open house wasn’t supposed to be until next weekend. Sorry about that!”

Excuse me? You make plans for an open house, giving the current tenants just one week to prepare? Thanks for telling us, asshole!

So I have to find a new place. I didn’t particularly want to go looking for a new place right now; I wanted to get a couple other things sorted before I did that, but I’ve got no choice. I’ve got no move-out date, either, but I’m sure my worthless rat-bastard landlord will call me from his Florida residence a full week (give or take) before I have to be on the street with my bags and boxes packed.

I liked my current situation. I’m on a month-to-month lease, and I could move out if I gave my landlord just one month’s notice. For personal reasons, it’s appealing to be in such a situation; I may need to move to another place in the city for very specific reasons later this year, though I don’t want to discuss them publicly.

My rent is paid up through April. I don’t know what would happen if I move out in the middle of May—would he take a prorated rent for the month out of my security deposit? Probably not. He’d probably charge fully for May no matter what I do. I’d like to just walk out before the end of April, leaving him high and dry, but he’d probably point to the clause in my lease that says that if I’ve lived here for at least a full year (which I have,) I can stay on a month-to-month basis, giving a full month’s notice before I move out. If I don’t do that, he could abscond with a whole month’s rent.

So I’ve gone to Craigslist to see about a new place. I even posted an I-need-a-roommate ad, which anyone interested can read at this location.

Man, the coming collapse of the housing market can’t come too soon for me. I need for rents to drop, and I need to see these goddamned landlords punished for their sins against civilization!!! They’re perpetuating feudalism and treating their tenants like chattel!!! They’re… They’re… um… if you’re a nice landlord, I’m a good tenant. Drop me a line!

[Cat_Whisperer]

As far as I understand my local laws, tenants get 24 hours notice if a landlord wants to show a place. And if you pay for May and leave mid-May, too bad for you. Have you never rented before? You sound like you don’t quite understand how these things work.

[Chance_the_Gardener]

@featherlou

As far as I understand my local laws, tenants get 24 hours notice if a landlord wants to show a place. And if you pay for May and leave mid-May, too bad for you. Have you never rented before? You sound like you don’t quite understand how these things work.

I do quite understand how these things work. There are laws and there’s common decency. I was mulling over whether my landlord would treat me decently. His behavior over the past week would suggest not. I don’t know just how much notice a landlord has to give a tenant before showing an apartment in New York, but saying that a tenant has got to be ready to have strangers traipse through on 24 hours’ notice is uncommonly rude and makes for bad blood.

If you can do something legally, does that make it automatically right? I wouldn’t say that it does.

[Polycarp]

There are odd rules and regulations about landlord/tenant relations that apply specifically to NYC, and are generally in your favor – but I don’t know what they are for your specific case. Run, do not walk, to the telephone, check the blue pages, and call the city housing office.

I do know that it’s state law that you have to be given 30 days to vacate unless you are flat-out breaking the terms of the lease (e.g., causing damage to the premises) in a way that giving you the 30 days would adversely harm the premises (as opposed to the landlord’s bank account).

[Mauvaise]

I’m not sure about the laws in NY, but if you have a lease that’s a month to month deal, where either of you can get out of it with 30-days notice, you should be able to give him notice tomorrow for mid-May (30 days from date of notice) and not have to pay a full month’s rent. It’s up to the landlord (and your lease) whether he’ll take the pro rated amount up front or out of your security deposit. But unless there’s something in your lease that states it has to be a calender month’s notice, then 30-days is 30-days, even if it’s April 14 - May 14 so he shouldn’t be allowed, legally, to charge you a full month’s rent.

Basically, check your lease and/or the rental laws for you state.

[mhendo]

@featherlou

As far as I understand my local laws, tenants get 24 hours notice if a landlord wants to show a place.

This is good advice, especially since the OP lives in Calgary, and so is subject to the same laws as you.

Oh wait.

No.

He doesn’t.

He lives in a different city, in a different state/province, in a whole other country!

Glad we cleared that up.

[Cat_Whisperer]

Yeah, I’m aware that there are different laws for different places. My point was that the things he’s complaining about would be generous where I live - an exercise in perspective, I hoped. I guess I should have added the caveat to check the laws where he lives; I kinda thought that would be understood, since he lives in a different city, state, and country.

chance, I understand what you’re saying about common decency, but your landlord is running a business. He’s not your friend.

[jacquilynne]

@Chance the Gardener

I don’t know just how much notice a landlord has to give a tenant before showing an apartment in New York, but saying that a tenant has got to be ready to have strangers traipse through on 24 hours’ notice is uncommonly rude and makes for bad blood.

So does leaving the house an absolute mess that no reasonable person would want to spend time looking at never mind buy, thus making it difficult for its rather assholish owner to sell it for a good price.

Not that I’m suggesting that you should do such a thing, of course.

[tdn]

@Chance the Gardener

I don’t know just how much notice a landlord has to give a tenant before showing an apartment in New York, but saying that a tenant has got to be ready to have strangers traipse through on 24 hours’ notice is uncommonly rude and makes for bad blood.

Phht. Wimp.

When my last landlord showed my place, he gave far less notice than 24 hours. He basically let himself in without knocking. He also let in a prospective buyer, the buyer’s wife, and two children. I was naked at the time.

At the time, I wasn’t even aware that the building was for sale. The (not present) landlady assured me that no, the building was not for sale, so I didn’t need to look around for another place. Four months later, bam, I get an eviction notice.

Fuckers.

[hajario]

How in the world is the landlord being an asshole? What the fuck is wrong with you?

He wants to sell the property that he owns. Maybe he needs quick cash for a medical emergency or something. He gave you an entire week’s notice about the open house which is well in excess of what he is required to do. A week is plenty of time.

Live by the month-to-month lease. Die by the month-to-month lease. Or do you think the month-to-month part should only apply to you? You signed the contract like a big boy so live by it.

Suck it up you whining, sense of entitlement having pussy.

Haj

[hajario]

By the way, the same thing did happen to me when I was renting a small house with two friends when I was in Grad School. They gave us 30 days notice. We all found new places to live. Life went on.

Haj

[Cat_Whisperer]

@jacquilynne

So does leaving the house an absolute mess that no reasonable person would want to spend time looking at never mind buy, thus making it difficult for its rather assholish owner to sell it for a good price.

Not that I’m suggesting that you should do such a thing, of course.

This would be a great example of two wrongs not making a right.

After doing a little research (THIS IS FOR ALBERTA - YOU WOULD HAVE TO LOOK UP THE STATUTES FOR YOUR OWN AREA), it is against the regulations of the
Alberta Residential Tenancies Act:

21 The following covenants of the tenant form part of every
residential tenancy agreement:…
(f) that the tenant will maintain the premises and any property rented with it in a reasonably clean condition;

[Random]

@Mauvaise

But unless there’s something in your lease that states it has to be a calender month’s notice, then 30-days is 30-days, even if it’s April 14 - May 14 so he shouldn’t be allowed, legally, to charge you a full month’s rent.

I don’t know New York law, either. And you did add a suggestion that the OP check his state’s law.

But this is not the law in my state (Illinois). The notice to terminate a month-to-month lease has to be given before the beginning of the final month of the term. If the lease month ends on the 15th of each month, and one side wants to end it, that notice has to be given before the 15th of the preceding month. (Of course, most leases are on a calendar month basis.)

In other words, if I’m a landlord, and want you (my tenant) out on June 30 (the end of a lease month), I have to give you notice by May 31. If I do it on June 2 instead, you can stay until July 31.

Disclaimer: This is general information and not legal advice. I’m not the lawyer for anyone reading this thread. Anyone faced with this situation in real life should consult an attorney licensed in his state.

[alice_in_wonderland]

Actually, I have to say that a week should be plenty of time to clean the place up for a showing. If it’s not, then you must be keeping the place a total pit.

Seriously - I can have my place totally spotless in about 3 hours, and that includes shampooing any puppy spots out of the carpet.

[Tastes_of_Chocolate]

@hajario

How in the world is the landlord being an asshole? What the fuck is wrong with you?

He wants to sell the property that he owns. Maybe he needs quick cash for a medical emergency or something. He gave you an entire week’s notice about the open house which is well in excess of what he is required to do. A week is plenty of time.

Live by the month-to-month lease. Die by the month-to-month lease. Or do you think the month-to-month part should only apply to you? You signed the contract like a big boy so live by it.

Suck it up you whining, sense of entitlement having pussy.

Haj

Letting out a wee bit of excess aggression today?

[redtail23]

What makes you think the one-month notice only applies to you and not to the landlord?

He can’t* kick you out without giving you a 30-day notice, just like you have to give him a month’s notice before you leave.

Unless your contract says something different, of course. (If it does, you may still be OK if you want to fight it - NY has some of the most protective tenant laws going.)

So start looking for someplace to live and quit sweating it so much. You’re not going to be out on the street with no warning. Good luck with the hunt!

(in most locations*, IANAL, check your local listings, YMMV, et cetera and so forth)

**That is to say, in any US location that I’ve ever heard of.

[Cyros]

@Random

The notice to terminate a month-to-month lease has to be given before the beginning of the final month of the term. If the lease month ends on the 15th of each month, and one side wants to end it, that notice has to be given before the 15th of the preceding month. (Of course, most leases are on a calendar month basis.)

In other words, if I’m a landlord, and want you (my tenant) out on June 30 (the end of a lease month), I have to give you notice by May 31. If I do it on June 2 instead, you can stay until July 31.

I’m not in NY either. I am on a month to month lease. Mine specifies if either party wants to give notice, it is not simply 30 days. Much like the example above, I pay rent (and unofficially renew my lease) on the 1st of every month. If I give notice that I would like to vacate on June 1st, I will need to do so by the last day of April. If I do it May 2nd, I will owe rent on June 1st. So I’ll be paying for an entire month, whether I chose to live here or not. There is no requirement to prorate. Should all be spelled out in your lease.

As far as showing the apartment, yes, it would have been nice to find out from your landlord instead of by accident.

My property management company will not show my apartment prior to me giving notice to move. I do know that they cannot make me leave my apartment while it is shown, and I will be more than happy to share each and every problem I have had with any prospective renters who happen to stop by. Hey, they have a right to know, right?

[Mauvaise]

@Random

I don’t know New York law, either. And you did add a suggestion that the OP check his state’s law.

But this is not the law in my state (Illinois).

In my state (Arizona) it was the law (or at least my landlord didn’t know any different). I needed to vacate on April 3rd, and I gave them my notice on March 3rd. I did pay a pro-rated rent for 4/1 - 4/3. Which is why I suggested he check his lease/local law. But I know you weren’t “yelling” at me - just giving your own anecdotal evidence.