In March, I agreed to rent a room in boarding house on a month-to-month basis. I made such arrangements with the landlord's agent. The agent told me that since the room would not be ready until the middle of the month, that he would pro-rate monthly rent of $700.00. So, I prepaid $350.00 rent. I have receipt that indicates such, i.e. for half month's rent.
The day I moved in, instead of presenting me with a month-to-month rental contract to sign, the agent insisted that I sign a paper that stated that the rental was only temporary and that such housing placement ended on the 31st. He reassured me that it was to give both me and the non-resident landlord time to see if the accommodations would work out okay.
In addition, the agent told me that if on the 1st of the following month, both the non-resident landlord and I found the arrangement mutually satisfactory, then I would be expected to sign a month-to-month rental agreement. I stayed for that initial period. During such time I often encountered landlord. She seemed most gracious and accommodating. When I asked her, she had a broken window replaced and my door lock changed.
However, on the 1st, the agent presented me with a rental agreement for $800.00 per month, not the agreed upon $700.00. I refused to sign that contract and presented a money order for $700.00. The agent accepted the money order and wrote me a receipt; it specified rent payment for April 1 through the 30th.
Also, can landlord lawfully evict me without suing me for unlawful detainer?
Yesterday, the agent informed me that the landlord wants me to move out immediately. He said landlord was upset because I had cut short a discussion she was having with me earlier that day. I reminded the agent that my rent was paid until the end of April and therefore I could not be presently forced out. Also, I told him that I was a tenant under a month-to-month rental.
I thought there existed either relevant case law or statute; If a tenant initially pays rents pursuant to a fixed-term agreement, but upon expiration of that period, the rent payment is accepted for a subsequent period, then that rental is automatically converted to a month-to-month rental. Does anyone know of such authority? If such authority does exist, can you please cite it?
The day I moved in, instead of presenting me with a month-to-month rental contract to sign, the agent insisted that I sign a paper that stated that the rental was only temporary and that such housing placement ended on the 31st. He reassured me that it was to give both me and the non-resident landlord time to see if the accommodations would work out okay.
In addition, the agent told me that if on the 1st of the following month, both the non-resident landlord and I found the arrangement mutually satisfactory, then I would be expected to sign a month-to-month rental agreement. I stayed for that initial period. During such time I often encountered landlord. She seemed most gracious and accommodating. When I asked her, she had a broken window replaced and my door lock changed.
However, on the 1st, the agent presented me with a rental agreement for $800.00 per month, not the agreed upon $700.00. I refused to sign that contract and presented a money order for $700.00. The agent accepted the money order and wrote me a receipt; it specified rent payment for April 1 through the 30th.
Also, can landlord lawfully evict me without suing me for unlawful detainer?
Yesterday, the agent informed me that the landlord wants me to move out immediately. He said landlord was upset because I had cut short a discussion she was having with me earlier that day. I reminded the agent that my rent was paid until the end of April and therefore I could not be presently forced out. Also, I told him that I was a tenant under a month-to-month rental.
I thought there existed either relevant case law or statute; If a tenant initially pays rents pursuant to a fixed-term agreement, but upon expiration of that period, the rent payment is accepted for a subsequent period, then that rental is automatically converted to a month-to-month rental. Does anyone know of such authority? If such authority does exist, can you please cite it?
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