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PDF Editor FAQ

My landlord decided he wanted his relatives to move in the house I'm currently renting from him. He gave me 13 days to leave and turned off the power on the 14th day. What can I do about this legally?

I am not a lawyer so please confirm anything I say with one. I’m also assuming that you are in the US. I am writing this as a landlord and I have been one for 27 years so I know a couple of things pertaining to lease agreements.There are so many things wrong with what you have said. The first is a landlord cannot, under any circumstances, turn off the utilities. This is a huge violation in almost any town and county and will result in heavy fines to the landlord if you report it. Even if you were behind in your rent there are laws prohibiting a landlord from turning off utilities.The second thing possibly wrong is you didn’t mention if you had a lease or if you are month to month. If you had a lease then you are entitled to stay in the house until your lease exhausts. No matter if that’s weeks away or months away. Unless your landlord had some unique addendum in the lease saying he could evict at will which I would highly doubt. I understand how a landlord would want his family living in his house he has but he can’t void a current lease to do so. That’s not a valid reason in the courts eyes. If you have a month to month lease then once you have received WRITTEN notification (not verbal) then you have 30 day plus the remaining time of the last month you paid rent on. For instance, if your rent is due on the first of every month, and your landlord notifies you on July 12th, you would have until Aug 31st to vacate.If you have not vacated the property yet then please contact a lawyer Immediately. You are fully within your rights. A landlord can ASK you to leave the house but the only way to actually evict you is to do it properly through the courts. And that could take months.Your landlord went about this all wrong. If you had a year lease in place, and if he wanted his family to move in, then he should have come to you and discussed the situation. And he should have offered you some concession for letting him break the lease such as last month free or returning all your security deposit no matter what. You would be doing him a favor, and causing yourself an inconvenience, by moving out early. And you also would have had full rights to say no if you didn’t want to or couldn’t move our early. If you were on a month to month lease and he wanted you out in two weeks the above still applies. It should have been done nicely with some type of concession to you.Now, hypothetically (not at all implying that you really are an unsavory character), let’s assume you have not paid rent for months and you are squatting. You are sticking it to the landlord because all landlords are slumlords and make boatloads of money and they don’t actually need your rent check. You feel entitled to live there rent free for as long as you can. You are a landlords biggest nightmare and cost us thousands. You still have rights. Your landlord still needs to go through the proper eviction process and, under no circumstances, are they permitted to turn off utilities.No matter if you are still living in the house or if you moved out please reach out to a lawyer or legal assistance. There are also free legal services. There are steep penalties to the landlord for what he did to you. And you also may be entitled to financial compensation for what he did.I wish you luck.

Is it appropriate to ask a potential landlord on the status of your rental application if it has been over a week since submission?

I realize I am late to answer this question and that you have already figured out what you needed to do, but for others coming here trying to figure out when to go back and contact someone after they have placed an application on a rental unit, the answer is:It would not be necessary if you placed an application with more than one place. When you are hunting for a place to stay, look at any and everything that will fit your needs. Tell each one of the places that you have "several at which I am looking this week. I'll get back with you (and give a specific day) should I decide to pursue this unit." Doing so gives a heads up to all your potentials that you are going to make them compete against each other in your market.Narrow all the ones you consider down to three. Let the ones that did not meet your final approval know and, even if they do not ask, tell them why they did not make it into your final round. You should also call the three that you have narrowed down to, but they don't need to know you have chosen them, at least, not yet. Ask these places if there have been any changes since the last time you met, any incentive offers (e.g., first month at reduced amount, pay for your moving equipment, offer of a moving crew, etc…), any unit upgrade offers (e.g., a two bath unit instead of the one bath, a balcony unit, a unit near the pool, etc…), anything that might help make them a better or more economical choice. Ask what they might be able to do to influence your decision to go with them. Let them know you are looking for their best offer, as you are making decisions today. If you have contacted them on the day you said you would be back in touch, you've done two things. You have made them aware that there are others competing for your money and you have let them know that you are considerate and thoughtful on your follow-through. They want tenants like you.From these, you would consider the individual responses to your calls and then narrow your decision down to two of the properties. Call the one that didn't make the cut and thank them for their time and willingness to compete for your tenancy, but that you have chosen a different facility/property. They do not need to know which ones you decided upon, but it is worthwhile to tell them what offers or amenities most influenced your decision. Now it is time to call the two properties with whom you will be applying. In these calls you will express your willingness to apply for their facility, however you will also be applying with one other facility at the same time. At this point you make it known who it is with which they are competing. Do not indicate what upgrades or offers you have received from the competing property. Tell them that you will be by at a specific time to complete your application, or, better yet, will start you application on line at a certain time that day/evening. Ask when you will hear back in regard to the application and let them know when you will be making your final decision on where you will reside. In most all instances today, you may time that for exactly one week plus one day from the date you complete the application. That is more than enough time with today's technology to complete your application, gain approvals and move forward to lease preparation.In three business days, you should call both properties back and confirm the receipt of your application and check to see if there was anything you missed in the preparation of the application that would prevent them from making a decision. Also ask that they respond to you in writing with anything that wound up being a negative report. Advise them to contact you should there be any issues with the application process and remind them you will be contacting them again on the day you had indicated previously to make a final decision. Doing this will also give the property the possibility of stepping up their offer to you if they really want you for a tenant. Acknowledge any offers made and let them know you would expect all offers to be part of the lease agreement when you prepare to sign. Do not think that these offers are permanent/possible until they appear in writing in your lease agreement.On the with day after you have completed your application, wait until the last office hours of the day (three hours before the office closes). If you have not heard from the facility, then you call. You start the conversation with the leasing director with "I haven't heard from you today, so I thought I had better call before it was too late to make my decision. Is there a determination on my application for your property?" Which ever property did not contact you before that time, consider them to be your second choice. You will have qualified on the application, most likely, so the next step is to have a lease put together by both properties. Ask when you may pick that up to read through it and approach your lawyer with any questions about the agreement. No, it's not necessary you have a lawyer, but you need that as a possibility should there be any questions. Go by and pick up the written leases from both facilities, spend several days reading them thoroughly. You need to see that any incentives, offers, upgrades are included in writing in the contract. If they do not appear, call and ask if it was an oversight on their part and if they will offer an updated lease or addendum to the lease. It must be in writing or they do not have to fulfill their promises. Once you have the final documents in hand, let the places know that you will return them in three business days after you have had time to read them and go over them thoroughly. At this point there is not much more room for negotiation. It can be done, but administrators get weary of reprinting a large document every time any changes are made. Keep that in mind and do not bring any counter offers to the table. The only reason you should have for a reprint is if any negotiated and agreed offers you received are not included in the document.After you spend time reviewing the leases, sign the one that is the best one for you. Return the one you did not sign in person to the property you turned down. Tell them you appreciate all the work they put into competing for your tenancy, and leave a small gift of some flowers, art, or fruit/chocolates as a concession. Take a similar gift to the property you chose to sign with, along with your signed lease. Yea, I know it seems corny, but the offices will appreciate that you know that they worked hard and will remember you as a preferred client/customer.By being actively involved in this process you will know where you and your application stand. I realize this is not always easily done in a market that is saturated with renters looking for a place to live, but all you have to remember is that landlords want the BEST tenant for their property and not just anyone who can call them on the phone and complete an application. Make them believe that they need to compete for your money, not that you are competing for their service.And, all of this to say that, YES, it is appropriate to contact your potential landlord about the status of your application.

Can you change or modify an existing lease to change the terms of due date and late fees by adding an addendum, or do you have to wait until the renewal period?

This is for general discussion only. Please do not consider me your lawyer and please do not take this as legal advice. In addition to federal law, each state has specific rules about certain real property agreements (including leases and their amendments ) and these need to be observed for the parties to be acting within the law and perhaps for the lease or amendment to be enforceable. Anyone involved is wise to contact experienced counsel in the proper state.Subject to federal and state law (which may require certain leases and amendments to be in writing, prohibit certain provisions, and require others to be included) the parties would generally not need to wait for any specific renewal date mentioned in the original lease and can generally amend it when they wish.When they do, this second agreement (to modify the earlier lease agreement) would generally be referred to as an “amendment” and, if written, might for convenience be stapled to the back of the original lease, behind any additional provisions ( “addendum” or “addenda” if more than one ) at the very end of the original lease. When the amendment becomes effective, the original lease, its addenda, and its amendment(s), all might be referred to as the “ lease” or “agreement”, as amended .

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