Unfortunately, something came up on my credit check regarding a rental in NC where I used to live. Here is another resource about landlords instituting no-smoking polices If you’re a good long-term tenant I can’t see why they wouldn’t either make an exception or provide a way for you to occupy an additional parking spot. There’s no harm in signing it unless you disagree with something. If your landlord was just “being nice” by letting you use certain areas that were not specified in the lease you’re fighting a losing battle trying to gain access again. Having them read it aloud and in front of you will either give you clarity on what they’re doing, or it will make them realize they’re wrong. In New York, landlords must give tenants 30 days’ notice before the eviction process. And being a roommate situation, the chances of this happening are certainly greater than if you were on your own or splitting rent with someone you knew and entered a lease with. Can they do this after signing the lease and it being signed in full by all parties? Be sure to check if there is a certain period for cancelling the renewal. If the unit is completely cleaned out and in good condition after 30 days I’ll return your security deposit along with $500 cash Sometimes I wonder what amazing things people could accomplish if they poured their energy into something worthwhile instead of trying to find loopholes in rules. Use the notice, don’t change the verbiage in the rules and follow through on your actions. Brittany it sounds like you’re dealing with someone that wants you out. I understand it’s hot and you will cool down but when Management is telling you do conserve on the water and you purposely go out and buy a swimming pool and fill it up every other day that is tons of water that the Management is talking about when it comes to conserving. The building was just purchased and the new owners just informed me that theywill be terminating all outside parking rentals. Which is the right thing for them to do. This is a tricky topic because either answer, you have a fight ahead of you that you’ll be battling. A Petition starts the legal case, and established the facts that give the landlord the right to evict their tenant(s). I need some advice on how to proceed. Sounds like it may be time for you to move on in Sept and find a place to better suit your needs. Do I have any recourse to end this nightmare? Jason, I just want to be sure I understand.. you DO have the same bamboo fence as a quarter of your neighbors, or is yours different? They need to address the issue in your current place. Be polite and explain that you rented the place with the understanding that storage was included, that’s why it’s in the lease. According to most state laws, unless your rental property lease agreement specifies otherwise, there is an implied covenant or warranty built into every lease. The landlord prepares the necessary Notice of Petition and Petition which cites why the landlord is evicting the tenant. I hope this sounds ridiculous to you too when I break it down like this. Now I have received a notice stating a different rent, higher rent. Maybe making some rules about the backyard would be better than taking it away completely. Like you said, you don’t want to come home and be confronted by the landlord everyday. I signed a lease renewal on 5/1/18 for a 2 year lease. And the issue is the harassment from the office stating I cannot have more then one car, and also they don’t want me to have visiters without their permission. Good communication is the only thing that will get you the resolution you want. This is the same ownership that believes they have a legal right to contact a doctor to ask about the medical condition of a renter to qualify for a Service dog. Just curious, what is your situation that this causes stress for you? It covers more than just the inside of your apartment (like stolen property from vehicles, etc.) You can agree to pay the fee if you plan on staying there, otherwise I’m sure refusing may sour the landlord/tenant relationship, even though it’s the landlord’s mistake. Sarah, in my opinion… you signed the lease and they signed the lease. You can also try to contact your local municipality to see if they have an organization that can help you as well. If the landlord is evicting the tenant for not paying rent, the landlord must first provide a late rent notice. They may have made a mistake but that shouldn’t effect us right? Unless the rent was reduced or lease changed to reflect the changes in parking. If you are a tenant in an apartment in New York City who is being harassed by your landlord, you can get information and help. My leasing office is trying to say that I never registered my dog when I moved in but I did. I have not sign new lease at all, what can I do to get out of this lease or anything? I am happy to move (early lease cancellation – no eviction, no additional costs) if need be and will not be renewing (I’m sure they’ll implement the rules in their renewal and we’ll be out) but they cannot make me get rid of my animals based on this can they? Sounds like you’ve got your hands full Michele! Can they do this while i still have a iease? I do what I can to conserve the water usage in my personal unit that me and my son living. To be clear, no where in the lease does it say they can arbitrarily change rules over patio fences or furniture that was permitted upon signing the lease. If someone has lived in a home for at least 30 days (with or without a lease), you can’t change the locks and throw the tenant out without … Also be sure to mention the number of occurrences that constitutes ending the lease in the event the first notice doesn’t do the trick. As for the $300, this is a pretty standard pet deposit. NJ – I think having you pay the mortgage was irresponsible on her part. Also, I would ask for the reasoning, maybe there is a legitimate reason the fence needs to come down. Its impossible to be able to withdraw over 300.00 from bank each day. Each state publishes a Tenant’s Rights Handbook, usually downloadable in PDF format from either the Department of Real Estate or the Department of Consumer Affairs. Hence why they don’t last for that long .? So the California landlord cannot make the changes he requested for his current tenants, but he can impose income and credit limits on applicants and future tenants as long as it is written in the lease agreement and is not violating any state or local laws. Pay with a money order or check so that you have tracking ability if needed. You may have not had a need for a while, but if that luck runs out you’ll wish you had it. They said they just added a ban of them to the lease, but I feel like they cant do that, even if some of them are catching on fire. But I’m a New York landlord and not an attorney, so I would double check with your attorney on this. I decided to rent from him and although we did move in as the old tenant moved out, the landlord and I agreed that it wouldn’t be a problem to work around the handyman making minor repairs. If your lease is valid until June 2016, you don’t have to sign anything new. After a lease term you would go month to month. ?Over the last 2 years I cannot tell you how many new tenants have come in and nor followed the rules with the water consumption. At the end of the day, no landlord wants to lose such a long term tenant, so I’m sure you’ll be treated with respect. Since you didn’t have a pet at the time of the original lease, I would assume that a new one would be drawn up to include the pet. I’m hearing more and more about this as insurance companies are cracking down on dogs and specifically “aggressive breeds”. My lease states that dogs are not allowed unless approved otherwise by original owner, well the management company said that he agree to the pets & I paid 2 separate pet deposit. All information, software and services provided on the site are for informational purposes and self-help only and are not intended to be a substitute for a lawyer or professional legal advice. The problem is that between my heart failure and extreme sensitivity to light, sound, smell, taste, temperature, I can’t actually get the entire apartment done in one day, nor keep it clean until they decide to show up. Can a landlord increase rent in the middle of a lease? 1. you are a bad a tenant and she’s trying to get rid of you. My roommate moved out and stopped paying rent without informing me. Therefore THAT is the lease and you would need to be given proper notification before any changes are made, including a price increase. If something is spelled out and you are not getting an amenity you’re paying for, I’d ask for a rent reduction. If anything you could be released from the lease if it was broken because of the basement tenants taking your laundry space. So I’d request a refund for any money you may have paid for an application fee or whatever and then move on. Use of this site is subject to our Terms of Use. It is illegal for building owners to force tenants to leave their apartments or surrender their rights. He’s a bit sketchy,and is suing his previous tenants for a myriad of other issues, so we’re apprehensive at best. I would ask for a breakdown because the charges don’t make sense. At this point I would look to start a conversation with the property manager. I can see one of two things happening in this situation, 1) she pays in full this time and you’ll have to stop eviction proceedings. Now having said that, the mistake that was made was you gave her too long the first time around. If you keep the place clean and damage free you’ll likely get this money back upon move-out. Duke, unfortunately the new management company can change the rules if they’re giving you notice and making the changes across the board, which it sounds like they are. Make sense? Your current lease is in effect until the terms expire or you sign a new one. They have given us seven days to remove something that cost us $400.00 and gives a tremendous amount of privacy from a a very visible, highly trafficked area. Especially because you’re dealing with a swimming pool. One more question, in CA the return of a security deposit us 21 days. They’ll likely want you to pay through a different method. I understand payment method to be the same thing. I can honestly say I’ve never heard of this situation before. 2. You can try and reason with her to save your tenancy but if she’s blind to the fact she’s alienating a good tenant, your reasoning might not get you very far. I live on the top floor of an apartment building in Oakland, California. It may seem like the landlord should be able to change the rules for something because they own the property and should be able to switch things up when they want to, as long as the rule change is fair, right? Remember to give 30 days notice prior to your vacancy, Hi Stephen, I’d like to start off saying great article. If you need professional advice, we highly suggest Avvo’s online directory as a cost-effective resource. You can do it one of two ways – But your agreement is likely going to change because of an occupant leaving. A lot of times the insurance company that covers the rental property will specifically mention the breed by name and refuse coverage because they’re considered a dangerous breed. You have the choice of signing a corrected lease or moving. KansasRenter, the quick answer is yes, the landlord can institute a no smoking policy. But to specifically address your questions – Your email address will not be published. In other words, the landlord tried to change the terms of a contract while it was still in effect. It might be a different story if you were 2 months into a year lease term, but you can have a new lease presented every 30 days on a month to month. Now for a sad dose of reality, your community guidelines will not be respected by the tenants if the property managers don’t respect them. Will I be obligated to fulfill the lease agreement or will they have to give me an option to leave if I don’t agree with the terms? To answer directly, a landlord cannot make that change to force you to stop smoking in the dwelling without changing the lease typically. For a lease with a fixed term of a year or more, your state will likely have laws regarding when both tenant and landlord … You’d be wasting your time trying to “go after” anyone for this. Requesting more at this point is just going to make them think you’re a pain in their ass lol, You’ll find your answer in here http://rentprep.com/tenant-screening-news/landlords-ban-smoking-rental-property/. But instead of being thoughtful and understanding of the issue, you feel victimized because your dog doesn’t feel comfortable making a mess on the edge of the property, where it makes the most sense? Here’s the bottom line, you should be cleaning up after your dog and wouldn’t be having this issue if you did so in the first place. So at this point they’re just gouging you for more money. This puts you in the wrong and creates more problems. Can they just randomly mark these spots like this in the middle of the lease and then tow my car? So a) yes there is legal standing as the landlord is in violation of the agreement and b) their changing insurance policy does not negate the fact that they must abide by the original agreement. Thompson, this is reasonable rule change that I’ve seen more and more. You have to make a decision whether its worth living in this place and dealing with the problems you’ve already identified. If they gave an addendum after your lease term, and you signed it, then you would absolutely be responsible. its for October. So I’m guessing there has been some issues and this was their answer to dealing with the problem. My questions are in the state of Oregon will you sign a rental agreement of water sewer garbage paid with your landlord live here 10 years can they legally change it first off. The real issue is that the landlord doesn’t want to continue to chase rent payments. About two weeks in they call saying there was a glitch in the system and I need to sign a new lease that would require pet rent. New York rent control stabilization laws require landlords to disclose these ordinances to tenants. But since you’ve made the special arrangements, at this point all you can do is document everything and continue to manage the work that needs to be done. It was in the middle of being built when we signed the lease. No information about changing the lease. An example of this might be that in the original lease agreement, the landlord promises to pay for basic cable as part of the rental agreement. Can the landlord send you a notice saying that you are now responsible for paying the water bill when the 12 month lease that was signed only 6 months ago ? Since the water feature isn’t part of the unit, and not considered an amenity, you basically got lucky that you liked the feature. However these addendums include removing the washer and drier that all of the tenants chipped in to pay for and implementing a coin operated washer and drier which will be installed at the end of this week. There are ways that landlords and tenants can make changes to the lease agreement. Is this true about canceling a lease because a owner of a property stop doing business with a third party agency? The original lease that was signed by both parties stated the landlord would pay for the water. No worries whether it’s on your credit, or if it’ll hurt you down the road. What happens if a addendum was signed by the tenants (me) in Feb but the apartment manager doesn’t sign in til 3 months later. I am unsure at this time if she actually put in written legal notice. Did you end up finding a replacement tenant that moved in, as discussed via text message? If the lease was written to include the fridge, she should cover the costs of repair and replacement. So your only option would be to see the problem through with your current neighbors. Make sense? I feel he knew it was more of a problem than he lead me to believe. This is a off campus housing for college students so I do not know the other guy. I immediately contacted the landlord and told him. Karen, Karen, Karen.. you’re probably not going to like my response but I’m going to give it to you straight. I have a very important questions. If not, you may have just been benefiting for 3 years and now have to deal with the situation as it is. My original lease contained an addendum stating the apartment could move me with reasonable notice. I think I glazed over the part where you mention “change” the parking spot. You are correct, that change can only be made to a common area without changing the individual leases. If you are a holdover tenant in New York City, your landlord may give you an unconditional quit notice, giving you 30 days to move out. If not then don’t sign the lease and get insurance. It may seem like an inconvenience because you haven’t had to do this in the past, but it’s not out of the ordinary for many places. I’d double check that to see if the new policies negate or conflict with any of your rights. I live in an apartment in Texas, i was notified that management will no longer be accepting money orders or checks for monthly rent payment, instead must start using WIPS CARD to pay rent at authorized locations which im also charged a cash administration fee & only cash is accepted for rent. (Since I was given a cleaning allowance, due to the quick move in, I discovered several dead one’s too.) Can the landlord do this? First rule of managing properties, ALL communication must be in writing! I was recently told by my town that a fence on my property was too close to my driveway and they made me remove a section of it. And give us an update when you can, I’m curious how this will play-out for you. At least an addendum. Signed….. Address any concerns openly and honestly. And like I’ve mentioned in previous comments, there is a good chance something specific happened to make that landlord have to change the policy. Is fining us $500 with ZERO notice even legal? I called the management office yesterday and they said that they remembered giving permission to me to put it up and never had a problem with anyone having them but then the owners of the complex, Equity Residential, toured the property and decided that they didn’t like the fences as well a many other things that have always been allowed such as satellite dishes, and in in the future Chrismas lights, reeves, or the storage of bikes out on the patio, etc. Article 7 Real Property Actions & Proceedings of the Consolidated Laws of New York, Landlord Nonpayment/Eviction/Rent Demand Program, Small Property Owner Nonpayment Petition Program, Tenant Questions & Answers in Nonpayment Eviction Cases, New York State Attorney General Tenants’ Rights Guide, New York Residential Lease/Rental Agreement. Another question. Thanks! I understand the frustration you must feel being such a long term tenant, but understand that the new landlord needs to do this to protect himself. It’s worth a shot after I get all my pictures and emails together to make my case. The tenant wants to get a satellite TV service installed but it is much more expensive. Bottom line is that one particular service cannot monopolize an entire area. Nothing out of the ordinary going on, so you should have no reason to be concerned. A few days later, the landlord sent out another letter to tenants asking them to disregard the earlier notice. Original lease stated that I was to pay for a parking space annually and professionally clean the townhouse upon vacating. It’s legally binding and they have to follow it just as you do. They need to follow the letter of the lease. You sure that you’re not being inconvenienced on purpose?
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