6 month lease is up and

[penmaker]

I had signed a 6 month lease and the lease and it end march1 , 09 and we have been going month to month without a resigned contract, in the original contract he stated i had 4 months to pay him the security deposit, I have been unable to pay him the deposit, due to some issues with the house i am renting from him that werent disclosed that i had to pay for, we are contractless right now, I gave him my 30 day notice yesterday and he is wanting is deposit before i move out and I told him heck no. who stands where? he also is making my family wait 3 days before he will fix the ac and I have 3 children and it is in the 90's here, I have thought about paying him rent until the 10 of this month and move out this weeeknd

 

[Gail_in_Georgia]

Your landlord was kind but probably stupid not being more forceful in requiring a security deposit from you. He now has nothing left to fall back on should you leave the unit with repairs above normal wear and tear.

However, if you do not even stand by the 30 day notice and short change him on this months rent, it is sincerely hoped he will file an eviction and an eventual lawsuit against you.

Remember that whenever there is a spell of hot weather air conditioning repairmen are suddenly in short supply and it may be 3 days before one is available to repair the air conditioning. That is not the landlords fault.

Gail

 

[penmaker]

Yes it is the landlords fault when I give him a phone number to a guy that I found for him and was available to come within the hour and he asks for his number and does not even use them. So what happens when I am relocating back to Texas, and he is in Arkansas? He also has no current signed lease by me, that one expired March 1st

 

[Gail_in_Georgia]

Your landlord is not legally obligated to use a repairman that you've found.

In the absence of a written lease, the renter has what is known as a "tenancy at will"; they are a "month to month renter". This means the lease renews each month (typically on the first day of the month) and ends each month (again, on the last day of the month).

Most states require at least a 30 day written notice to terminate this type of tenancy. No reason for termination need be given; however, once this notice is provided, the tenant would still be legally responsible for the entire rent during this time period.

Gail

 

[soupkids]

Gail, I was reading your comments to the original poster, and it made me realize something. I signed a one year lease on my house about 5 years ago. The property manager stated at the time that once the lease was up, they would have us sign a month-to-month contract. THe lease expired, and nothing was ever said and done as far as signing a month-to-month. Do I still have a valid contract with the property manager? Are their legal rights and obligations, as well as my legal rights and obligations, regardng my tenancy still intact?

 

[Gail_in_Georgia]

Yes; in the absence of a written lease, a tenant is said to be a "month to month" tenant. All of the laws protecting you as a tenant in your particular state (and them as landlord/management) are still in effect.

The big difference between a lease for a specific time period and a "month to month" tenancy is that the latter can be terminated typically with a 30 day written notice (although this too can vary between states; for example, as a landlord in Georgia I have to give a 60 day notice while the tenants are only required to give a 30 day notice) and that no reason need be given to do this.

Many tenants and landlords seem to prefer these type of leases nowadays. It is useful if (for example), a tenant is looking to eventually purchase a home and doesn't want to be "locked" into a lease should the opportunity to do this come up.

I hope this makes sense.

Gail

 

[soupkids]

Thanks, Gail!!