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- From: rrw@sunset (Bob Wier)
- Newsgroups: misc.consumers
- Subject: Re: Landlord not renewing lease ... legal implications
- Message-ID: <5818@naucse.cse.nau.edu>
- Date: 10 Nov 92 07:14:19 GMT
- References: <CARL.92Nov6175919@atlantis.Cayman.COM>
- Sender: news@naucse.cse.nau.edu
- Lines: 78
- Nntp-Posting-Host: sunset.cse.nau.edu
- Originator: rrw@sunset.cse.nau.edu
-
- From article <CARL.92Nov6175919@atlantis.Cayman.COM>, by carl@Cayman.COM (Carl Heinzl):
- >
- >>-> .... Normally, in any civilized part of the
- >>-> world, the Tenant has the right to continue the lease, unless
- >>-> you have violated any of the rules of the given lease.
- >
- >>this is simply not true. in many (most?) jurisdictions landlords have
- >>quite a lot more rights than this ...
- >
- > I must agree, the original statement is simply not true. I, as a
- > landlord, can tell my tenants that I'm not going to renew their lease.
- > My lease (which is legal in Mass, btw) states specifically that if the
- > tenant wishes to renew the lease they must let me know *45 days*
- > before the end of the lease and I will make a decision within 15 days.
- >
- > This is not only legal, but I consider it fair, since I would want the
- > two weeks to call brokers and post ads and a month of time to be able
- > to show the apartment. By the way, I can give 24 hours notice to show
- > the apartment in the last 30 days of the lease and the tenant cannot
- > say "no".
- >
- > Now, I've actually had excellent tenants (except for one group) and
- > I'm a good landlord and treat my tenants fairly, with respect, and
- > even as friends (it's a two family house). I do get my dander up
- > everytime someone thinks that tenants have the right to walk all over
- > landlords, though.
- >
- > -Carl-
- > --
-
-
- I've been in both shoes - both as a landlord AND as a tenant. And
- I've experienced scum going both directions. I had a tenant AND an
- absolutely pitiful management company at the same time. They didn't
- collect rent from the guy for two months, and lied to me about it.
- When I finally got rid of them both, I found that contrary to my
- instructions, he had been a smoker, and the place was BROWN! You
- had places on the walls behind the pictures where the original paint
- showed rectangles where the smoke hadn't bonded...The garbage disposal
- was stuck due to the number of cigarette butts which had been put
- in there (incidentally, this isn't intended as a flame on smokers, only
- that particular tenant). And since the management company was crooked,
- I didn't see any deposit money, either. That was about a $2K loss, plus
- the fix up expenses.
-
- On the OTHER hand, I was renting a duplex one time, and happened to be
- in the kitchen when the landlord was doing some maintanence (mowing the
- grass) outside the back door. It was open a crack (which I guess he
- didn't realize) and a friend of his stopped by. They got into a discussion
- and he said "Oh, no - we NEVER give back the deposit. We always find
- something to charge for to keep it". Sure enough, when I moved out, they
- sent me a bill for $10 MORE than the deposit for carpet cleaning (about
- $175 for a 1 bedroom apt). When I asked for a copy of the receipt, they
- said, well we did it ourselves and that's what we charge... uh huh...
-
- I consider the biggest inconvenience in being a tenant is the disparity
- between the time required for notice to be given of vacating and the time
- people will hold units available. Most states where I've lived, you have
- to give 30 days written notice of intending to vacate. But landlords will
- hold units for you at MOST 2 weeks. SO you either spend two weeks in
- uncertainty about finding another place to live, or you end up paying
- 2 - 4 weeks overlapping rent between the two places.
-
- I don't feel that consistant time periods would place an undue
- burden on the landlord. One has to realize that it's CONSIDERABLY more
- hassel when you are moving on the tenant (who has to move EVERYTHING) than
- the landlord (who can drive over, paint walls and clean the carpet, and should
- be ready to go on a new rental...)
-
- Just MHO...
-
-
- - Bob Wier
-
- ---------- insert favorite standard disclaimers here ----------
- College of Engineering
- Northern Arizona University, Flagstaff Arizona
- Internet: rrw@naucse.cse.nau.edu | BITNET: WIER@NAUVAX | WB5KXH
-