So my landlord is being a big fat pain, your opinions?

In My Humble Opinion (IMHO)
#1

Long story short:

Landlord informed me Jan 15 that they were selling the house and we had until March 15 to get out.

I looked and looked and did nothing but look and could not find a decent place to move to. So on Feb 15 I decided to buy. Within days I had bought a house and was in escrow.

But my escrow doesn’t close until April 25, and I don’t think we can get moved in until early May.

I wrote my landlords, apologizing profusely for the inconvenience, assuring them that we would do everything we could to make the house accessible to them in preparation for the sale. and offering to pay $200 per month additional for every month beyond March 15.

My landlord called me, the conversation was fairly pleasant. ( I could tell she was sort of offended that we bought a house but didn’t buy THIS house. They’ve been encouraging us to buy it since before we started renting it 4 years ago. But this house is a piece of shit and I hate the neighborhood.) I thought it was going to be ok.

Well, I get a letter today informing me that they want $700 extra per month for each additional month we are here.

They have a $2400 security deposit that I was going to work very hard to make sure I got back. It specifies in the lease that it cannot be used for last month’s rent. However, it also says that the deposit can be used for “defaulted rent”.

So… what would you do, and how would you handle it?

#2

There is nowhere else you can go? Even temporarily? Did you have a lease that ended past March 15, or were you on a month-to-month basis? If you have a lease, then that is a contract that MUST be adhered to, or else they are forcing you to leave against your agreement. If you don’t have one…well, your options are much more limited, since I assume the full 2 months notice that they gave you was enough within the context of the law. If they choose to up the rent for the remaining time you might stay that is their choice, AFAIK.

On the other hand, the additional rent is HUGE, and since you offered a certain amount in addition to your current amount…you might have a recourse in the “rent increase” laws. Here in Ontario, there is a yearly limit on how big an increase can be (I think its 3%/year) as regulated by the Tenant Protection Act. Look into something similar in your state (Department of Housing?).

Check into that rent deposit too - in Ontario the only legal “deposit” is last months rent, and at the end of the rental agreement, you get 6% of it back. I know that this is not the case in Quebec, so theres a good chance it isn’t the same in your state, but you might want to look into it if there is any chance that there is a legal recourse for you there. If there is a college/university near you, check out their Off-Campus or Legal Aid clinics/centres to find out where you can get help, or even for actual legal advice (since IANAL!!). Your Town Hall should have stuff too.

Still, I think you should REALLY look for another option - put your stuff in storage for a couple of months and move into a cheap month-to-month apartment. It sounds like you will likely save money that way!

Good luck!

#3

Stoid, didn’t California just pass a law requiring more notice for tenants in the event of a sale?

Some guy owned a bunch of houses (like 100) up in Sacramento and decided to sell them all so he could invest in something else. He gave everyone 30 days notice and it was a huge disaster and in all the papers and I knew they were trying to geet some sort of law passed.

here are some links, I haven’t checked them all out though so read through them:

http://www.acorn.org/campaigns/pc.php?p=1834
http://www.nctimes.net/news/2002/20020904/60332.html

http://www.bayarea.com/mld/bayarea/news/columnists/joe_rodriguez/4516421.htm

http://www.mmproperties.com/newerfreaturearticles/victory_for_renters.htm

Good luck and congrats on the new house!

#4

It sounds like your lease (whether a month to month or not) has an option that the Landlord can terminate the lease with 60 days notice. If that is the case, unless there is some legal provisio under CA law or the LA municipal rental code to prevent this, you will have to be out of the house, or pay, or he can have you evicted.

If the law is on his side store your things in a rental unit and get a short term hotel for a month or two.

#5

Well, storing my stuff and renting something short term is so not an option I can’t even begin. I run a 3-person business out of my house, with all the furniture and equipment that entails, I have a full gym, two dogs, and a full complement of household furnishings and applicances. Moving once is going to cost me $1000, moving twice is ridiculous. Setting up my business temporarily would be so much work and expense I nearly swoon with the very thought of it.

I think I may have settled on a solution. Thanks for your input, everyone.

stoid