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What is the way to get a roommate out, who refuses to leave even though it is a month to month lease and based only on an oral agreement?
Without a written agreement, you will fall back on the ‘default• agreement that will be defined in law for your state or country.Since you don’t have a written agreement, I’m going to assume you do not know much about the local landlord-tenant laws - in which case, get a lawyer or property specialist right now.It will cost you money, but a drawn-out battle will cost more, both financially and emotionally. Even an initial discussion will give you some basic strategies to try, and you can start the legal process too.
Is it possible to get out of a Residential Lease that I signed 4 months ago for a one year agreement?
I am a landlord and also a licensed broker. Aside from simply trying to negotiate with the landlord to break your lease early, there's nothing you can legally do to break it and not be on the hook for the remainder of the lease term. HOWEVER, if you abandon the premises, the landlord has a legal obligation to make his/her "best effort" to re-rent the property out. If the landlord finds a new tenant, then you are off the hook from that point on. Any months during the lease where rent was not paid and the landlord didn't have a new tenant in place, you'll be on the hook for. If you choose not to pay those amounts, the landlord can pursue civil action against you to recover them.Whether your landlord will actually follow the law and make a reasonable effort to re-rent the property out really is determined by whether you were paying above/below market rate for the place, and/or how easy it will be for the landlord to come after you to recover that money.The one thing the landlord can not legally do is collect double rents (i.e from you and a new tenant).
Do the terms of a lease agreement still apply after expiration, when the lease defaults to a month-to-month lease? (Arkansas)
You should consult a lawyer if you have an issue and need advice over a legal matter. They can review the specifics and pryou the appropriate course of action to take.I would recommend you first read your lease. Many actually have information about terms and conditions regarding month-to-month at the lease’s end. In general all terms of the lease will remain in place, it may indicate there will be an automatic increase in rent by a given percentage or dollar value if you go month-to-month.For the most part when a lease converts to month-to-month (barring specific local laws in your area) the general terms of the lease remain in tact. However you also loose some protections of a lease. For example when you are month-to-month the landlord can generally give you 30 days notice to vacate the property. You also loose the protection of the locked in rent level that a lease provides for its term. You may still be protected by some laws on how often and how much rent can be raised for an occupying tenant, but there is nothing stopping the landlord from raising your rent (possibly considerably) once the lease expires.
My landlord said if I go month-to-month on my lease I still need to give 60 days notice if I want to terminate the lease. Is this legal in Maryland?
I am assuming here that there is no lease document for month to month or that your orginal one year lease does not have the clause (and you should check, because it probably does) that after the intial term, the term reverts to month to month and all other aspects of th lease remains the same...... if that is the case, read your lease that will prevail.You have to give one terms notice and inform them before that term starts. So rent is due on the 1st of March if you tell him (in writing) on Feb 28, you can leave on March 31st. If you tell him on March 2ed you have  to wait for the next full term to elapse, so that means April 30th.More importantly if he THINKS you need to give him 60 days. You either need to clear this up before you move out or give him 60 days or your deposit will be tied up with him for months while you go through the small clams process. A quick conversation here. Can save alot of trouble.
If I signed a one-year lease agreement, and get offered a job in the 3rd month out-of -town, what happens?
The first point would be to talk to your landlord or estate agent. They can give you more specifics around your lease, and are generally understanding people as long as you hold up your end of the contract.Legally, in most places, you are responsible for continuing to pay the lease even if you move. Usually there are breaoptions, where you’d pay a nominal fee and pay the rent up until they can get a new tenant. If you can give the landlord/agent enough notice to advertise and find a new tenant, or if you can find someone to take over the lease yourself, then you can potentially minimize those costs.If you haven’t accepted the job, finding out more details from the landlord/agent would give you more information on the affordability of breaking your lease.
One of my tenants wants to move out 6 months prior to the lease ending. What is a fair agreement on what the costs should be if I allow him out of the lease?
Tenants agree to fixed-term lease contracts in order to get a lower rent for the residence.Month-to-month rent is normally higher than a one-year contract because a fixed one year lease means the landlord has a year of guaranteed rents without the expense of finding a new tenant, doing the full cleaning only after a year rather than after each short-term tenant moves out.So your tenant leaving six months early means an extra expense for you to find another tenant, prepare the rental contract, do another walk through, etc., etc.For that, you deserve some compensation.Legally, the tenant committed to 12 months• rent (in return for a lower rent). You want to be a good guy, and it also seems fair that you require that the tenant be on the hook until you find another tenant, ideally as soon as possible after the current tenant leaves. Plus the cost of finding this new tenant (if you have to pay a realtor fee).We’ve never been so hard-ass as to require the full contracted rent if it can be avoided. So, be nice. Tell them you’ll advertise and start looking for a replacement tenant immediately, and with any luck you can find a replacement before your present tenant leaves.DO NOT let the tenant use the Security Deposit as the last month’s rent - you need that for when you do the walk-through of the condition of the apartment at their departure. If I were you I’d immediately go to the apartment to check it out well before they leave, just in case.DO NOT let the tenant find a replacement without your meeting such a replacement, and have all the normal applications, background checks, etc. If you have your own Realtor who does this work for you, then insist that the realtor will do the finding of the replacement, etc., same as when this tenant applied to live there.In our second year of being a landlord we had a tenant call us to tell us he was leaving in a week to • “travel the world” (or some such). But we shouldn’t worry, he found a replacement tenant. Right. Not. He could not understand why he didn’t get his security deposit back. And he was gone.We learned our lesson after that - make sure you have the current tenants• new address and ways to reach them.
When the agreement states a one-year lease and then month-to-month, does the rent generally stay the same?
Everything depends on the state you live in, but my general answer is this: The only reason there is a “month to month” verbiage is to specify what happens at the end of the first term (1 year). It can either become a tenancy at will (governed by the TAW laws of the state vs. the lease language), renew for another year, or become a month to month but still governed by the lease language. There is no probability that the rent will increase outside of the landlord’s particular style. Some increase rent every year, others, when they find a great tenant, hold onto them and keep the rent where it is as long as reasonably possible.
If the one-year lease agreement is up, does it automatically go month to month without signing anything in California?
Terry Lambert's answer covers this the best, yet, all of us seem to say the same thing. It depends on your lease. You have read your lease, right? What did you do with your copy?You were probably wise in asking this question anonymously, because there are many landlords who would find your unwillingness to be active with your lease to be a poor sign of a good tenant. And why would you have any hope or intention of not doing anything and being able to continue as if nothing changed.In most rental markets in California, units are scarce and renters are plentiful. This means you MUST learn to be proactive in your renting relationship because the landlord may have someone willing to pay more than you, possibly quite a bit more, and all s/he has to do is hand you a piece of paper when you drop off your last month's rent that says, "Lease ends this month. Goodbye," and you are going to become one of the many others competing for a spot in another landlord's unit somewhere else.Renting a place takes as much effort on your end as it takes on the other side of that signed lease. And, if you are coming to the Internet to ask if you can get by "without signing anything," you are not going to do well in your present market.
If I’m paying rent should my parents be able to tell me when I can and can’t work?
Your parents will never be out of your life. Well unless you pack up change your name and never make contact again. So if you think they have the "right" to tell you what to do is meaningless. As parents they have opinions on what is best for you and they will voice them whenever they feel necessary. Some parents are quieter than others, but even when they are old and living at your house they will comment on how often you work, how much time you spend with them, your relationships with other people etc etc. From the moment you entered this world (probably even earlier) you became priority #1 like it or not. Get the idea into your head. If you don't want to hear them quite so often move out and pay rent to someone else.
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