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Thread: Law Advice (Renter/Tenant Lease)

  1. #1
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    Law Advice (Renter/Tenant Lease)

    I know there are a few law experts on here, so I figured it would be a good place to ask.

    I moved into this house June 1st of this year and signed a 12 month lease. Well, a few days ago my landlord came over and told us that he is getting a divorce and has no place to live, so he will need our house. He wrote us up an eviction notice (not through the court house, just printed off a computer) for us to be gone in 30 days.

    What can we do about this? I have read that I can charge him for moving expenses, is this correct? If so, are there limitations? I intend on just hiring some buddies to help at about $10/hr or so and account for their truck's gas mileage. Would I actually be able to rent a U-haul? He has been a real jerk lately so really sticking it to him would be nice.

    Also, what can I do to get him to actually pay? Would I be able to wait until August 22nd (the date that his eviction ends) and tell him that I'm still not moving and that he will need to get an official evict from the courthouse, which may take some time, plus the 30 days that they will give me to move?

    One more final question... could I charge him for the days that my wife has to take off in order for us to move?

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    Re: Law Advice (Renter/Tenant Lease)

    Read your lease. Is there a clause that would allow him to be break the lease in case of divorce, etc? If not, he's in breach of contract. You can sue him for all associated moving expenses.

    I'd tell him upfront you'll move, but all moving expenses need to be paid by him. If he refuses, then make him file an eviction notice with the court. Then when you do move, sue for the moving expenses.

    Also, don't do *anything* on your part that could be viewed as a violation of the lease terms, or he'll use that as the excuse for the eviction instead of the real stated reason.
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    Re: Law Advice (Renter/Tenant Lease)

    I'm not a lawyer but I've been through the ringers with landlors.

    IMO, he should pay moving expenses at the very least. Only law officers can make you move and they can't do that unless you're legally evicted.

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    Re: Law Advice (Renter/Tenant Lease)

    There is nothing in the lease that mentions any kind of early termination or break of the lease on his part.

  6. #5
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by TeamSelig View Post
    There is nothing in the lease that mentions any kind of early termination or break of the lease on his part.
    I am a former landlord myself and have to say that he has zero legal authority to do what he is doing. Unless you have broken the terms of the lease he is in the wrong. As Reds4Life said, do NOTHING that can be construed as a violation of the lease terms. I've been to the courts sytem as a landlord and can tell you that the judge will side with the property owner unless you have a slam dunk defense. Be careful but stand up for your rights.

    Edit: I'm assuming you are in Ohio in the above advice. And the usual disclaimer about my not being a lawyer, seeking counsel, yada yada. Good luck.

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    Re: Law Advice (Renter/Tenant Lease)

    Indiana, actually.

    Thanks for the input.

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    Re: Law Advice (Renter/Tenant Lease)

    I think some states will allow a home owner to terminate the agreement with in a certain amount of time. Also I'm not sure about this but I also think they can put it up for sale and from what I understand pretty much evict you.

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    Re: Law Advice (Renter/Tenant Lease)

    It is my understanding that the landlord can only terminate a month to month lease.

    If you signed for a year, you should be fine to stay.

    To put an eviction on your door without a court order is ballsy to say the least.

    You need to check Indiana law, but good lord, what a tool.
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    Re: Law Advice (Renter/Tenant Lease)

    If I was you id just get out of there if you can swing it. Sounds like a bad situation and a lot of problems for the next year.

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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by GIDP View Post
    If I was you id just get out of there if you can swing it. Sounds like a bad situation and a lot of problems for the next year.
    I 2nd this...regardless if you are correct in the eyes of the law, he could really just take the opportunity to make the next year a living hell for you by nitpicking on every little detail.
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    Re: Law Advice (Renter/Tenant Lease)

    Seriously he could put it up for sale and have the same person come at look at it every day if he really wanted to I think. All he has to do is give you 24 hours notice. He pretty much can drive you nuts if he really feels like it.

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    Potential Lunch Winner Dom Heffner's Avatar
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    Re: Law Advice (Renter/Tenant Lease)

    Seriously he could put it up for sale and have the same person come at look at it every day if he really wanted to I think. All he has to do is give you 24 hours notice. He pretty much can drive you nuts if he really feels like it.
    Yeah, we all have friends who would walk through a house everyday in their spare time.

    I'm not telling you to stay or leave- but he signed a contract and he has to honor it.
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    Re: Law Advice (Renter/Tenant Lease)

    I plan on leaving. He is a total ****** and too annoying to deal with for any longer. I'd just like to let him foot a decent bill to all my friends to help me move.

    Today he said the yard was too tall and if it wasn't mowed by 10 am tomorrow he was paying someone $75 to do it (and coming out of my deposit). When he knocks on the door and tells me about it he is decent about it. Later on, I headed to town and finally got cell phone signal and received the voice mail that he had sent me, which consisted of him being a real jerk/yelling/etc. Guess he was too much of a pansy to be that stern with me face to face.

  15. #14
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    Re: Law Advice (Renter/Tenant Lease)

    Quote Originally Posted by GIDP View Post
    Seriously he could put it up for sale and have the same person come at look at it every day if he really wanted to I think. All he has to do is give you 24 hours notice. He pretty much can drive you nuts if he really feels like it.
    Not the case in any jurisdiction I've ever heard of.

    I'm not an Indiana lawyer (Colo), and cannot give you legal advice. But I encourage you to look at this publication put out by Indiana University. It's unclear to me how much of this is specific to Bloomington ordinances (which might provide more protection than Indiana state law). But one quote stood out:

    http://www.indiana.edu/~sls/landlord_tenant.html#23

    "Sale of a Rental Unit

    When a landlord informs tenants that the building is being sold and a new landlord is taking over, the tenants are usually concerned about the status of their leases. The rule is that property is sold subject to any existing leases. The new owner cannot kick you out or raise your rent during the time your old lease still runs, unless that lease allowed the old landlord to do it. Your new landlord has the same rights as your old landlord had. If you breach the lease, you may still be evicted.

    As long as you comply with the lease terms, however, you can't be forced to leave prior to the end of your lease term just because the new owner doesn't want you there"
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    Re: Law Advice (Renter/Tenant Lease)

    I didnt say anything about him actually selling it. I'm just saying there is a million ways for him to drive him nuts.


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