Hi,
We had an 18 month residential lease with a landlord that expires on March 10, 2009. As per the contract, the landlord gave written notice on the 9th of February stating that she was not go allow the extension of the contract into a month-to-month agreement. This was totally in her legal right.
In a conversation while delivering this written notice, the landlord and I agreed to extend the "move out" date until April 1st. I actually tried to get April 11th and she said "let’s just keep it at April 1st".
Today we received a letter from her Attorney stating that the landlord expects us to vacate the premises by the 9th of March. The letter also states that the Landlord intends to forthwith action to remove us from the premises if we fail to honor the lease.
The letter also states that if action becomes necassry, we will be held liable for a variety of damages.
A few questions:
1) Do we have any ability to enforce the verbal agreement. We are only looking for 19 days.
2) How severe are the potential damages and what is the time frame and pathway to execute removing us from the premises.
Thanks in advance.
Jonathon
firewomen said:
Mar 15, 09 at 4:52 amIt would be your word against hers that she ever agreed to extend the lease. I would send a letter to her saying my lease is good until midnight of March 10th 2009. It sound to me like she is the one who is not honoring the lease by wanting you to be out before legally it is up.
j_b said:
Mar 15, 09 at 12:12 pm. tenant with a written lease should read the lease carefully to see whether or not he/she has given up the right to receive this eviction notice. The eviction notice must be personally delivered to the tenant or posted on the dwelling. An eviction notice, sent by mail is probably not enforceable. A written lease may state how many days notice must be given by the landlord before the landlord can evict. It the lease does not state how much notice is required, the general rule is as follows: If the term has ended, or it the landlord claims the tenant has breached the lease, the landlord must give the tenant thirty (30) days notice if the lease is for less than one year (this is usually month-to-month), and ninety (90) days notice if the lease is one year or more. If the tenant is behind in the rent and has an oral lease with the landlord, the landlord needs to give only fifteen (15) days notice between April 1st and September 1st, but thirty (30) days notice between September 1st and April 1st. It the tenant is not out of the property by the end of the eviction notice, the landlord must follow the procedure through the District Justice’s office as set forth in paragraphs 2, 3 and 4 below. check you lease.
NeoNerd said:
Mar 15, 09 at 3:02 pmThe verbal agreement is enforceable as an unilateral obligation, but you’ll find it extremely hard to prove.
The landlord cannot force you to quit the lease before the due day. If it states that it runs till March 10th, you can stay till March 10th.
davidmi711 said:
Mar 15, 09 at 3:10 pmYou have no proof of your verbal agreement. She has proof of the written agreement and the written notice that she is not extending to month to month. better plan on moving out by the end of the lease.
Right now the letter the lawyer sent cost you nothing. On the 10th it will cost you what it cost her. Plan on spending around $1,000 extra if she evicts you.