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Can my landlord do this?

Can my landlord do this? Topic: Write letter stating you pay rent
June 16, 2019 / By Ewain
Question: So my husband and i are buying a house. Our lease ended in Novemeber of 2008. We asked them to do month to month. They stated we could. Then they sent us another lease stating that we are doing month to month but we need to give them a 60 day notice. And that we weren't allowed to move out anytime From Novemeber to March because of the cold winter they don't want our apartment to freeze. WE NEVER SIGNED THE LEASE! They called while we were at work twice from November until now stating that they needed the lease back and signed. WELL WE NEVER SIGNED IT OR SENT IT BACK! We found a house to buy. We are closing on the house January 27th. We already paid January's rent. We sent them a notice to vacate. Along with our letter to vacate i sent a list of things that maintense was supose to come back and fix and never did. For example i had a leak under the sink. Well mold grew from the leak. I called maintense. They fixed the leak and they said they would come back and clean the mold. They never came back. Or they came to replace the screen on my dd bedroom window they said the screen they brought didn't fit and they would come back with another one and put it in. They never came back. So i sent them a list of things that they were supose to come back and fix and never did. Well today i got a letter in the mail stating this: We have received your notice to vacate. As stated in your lease, a 60 day notice to vacate is required. Even though you move out January 31st, 2009 you will be responsible for the rent through march. In regards to the list of maintenace repairs, I was able to locate the completed service requests written on most of these issues. There are no notations on the service Request that maintenance would be returning for further work. If the problems were not resolved to your satisfaction you should have contacted the office to express your concerns. FOR ONE we never signed the lease. For two the maintenace man himself said that he would come back. It's not like they weren't resolved to my satisfaction they said they WOULD come back. Then they want us to sign something else stating we oh them rent for feb and March. Also they sent us a list of things we need to clean. And that if it doesn't get cleaned they charge 12.50 per hour that it takes to clean. And each thing they charge to clean like EACH wall they charge 35 dollars. And EACH cabinet 20 dollars. And the fridge 60 dollars ect... Can they do any of this? We don't have to pay any of this do we? Advice please?
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Best Answers: Can my landlord do this?

Cory Cory | 6 days ago
You shouldn't be responsible for the payments. They cannot tell you that you can't move out at a certain time. A month to month lease means just that. You can move out at anytime with a 60 day notice. They can charge you the cleaning charges, so make sure that you clean everything that they tell you. Don't sign anything stating that you have to pay rent Feb. through March! The maintenance stuff they may be able to charge you for. You probably should have kept calling and insisting that they fix the stuff.
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Cory Originally Answered: Can my landlord do this?
You shouldn't be responsible for the payments. They cannot tell you that you can't move out at a certain time. A month to month lease means just that. You can move out at anytime with a 60 day notice. They can charge you the cleaning charges, so make sure that you clean everything that they tell you. Don't sign anything stating that you have to pay rent Feb. through March! The maintenance stuff they may be able to charge you for. You probably should have kept calling and insisting that they fix the stuff.

Asaph Asaph
It is entirely possible that they CAN do what they are requesting. You will need to read your original lease. If that lease required sixty days notice to vacate, and you went on to a month-to-month, you're still required to provide sixty days notice to vacate. A notice to vacate does not start on the day you sent same, but takes effect at the end of any month in which you sent the notice. If you sent the notice in January sometime and you are still required to provide sixty days notice via your lease, then you ARE responsible for February and March rents. Your assorted comments about maintenance do not affect this situation in any way. Charges for cleaning and repair are in line.
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Valary Valary
Where are you located? In some states, it really does not matter whether you signed the lease or not. By remaining in possession of the rental and paying the rent you, in effect, accept the lease terms. Here is an example fo the laws of one state: Effect of Unsigned Lease. If the tenant shall fail to sign a written lease which has been signed and tendered to him by the owner and shall further provide the owner with a rejection in writing of such offer, the tenant's continuation of possession and payment of rent without reservation shall constitute an acceptance of the lease with the same effect as if it had been signed by the tenant.
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Scout Scout
Sounds like a bad situation for you. I recommend that you consult with a local tenant's council and spell out the time line you outlined above. I don't know where you are located and what your local laws show, but I question whether the LL/property management can just determine that a Month-to-Month tenant can be required to give 60 Day notice to vacate. Also the requirement to stay through March again sounds counter to the concept of a month-to-month tenancy. Sounds like your security deposit is in jeopardy. Again, consulting with your local tenant's council may help you sort through this mess. You may have to get legal adviser if there is no tenant's council where you live. Good luck.
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Scout Originally Answered: Do I meet the requirements to sue my landlord for fraud. see details?
Also understand that there is a $3000.00 limit for small claims court in NJ. You would have to file in Special Civil court for anything over 3K.

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