Profile picture for jmilder177

Current on rent, i'm looking to get evicted! Please read.

weird situation.  Thinking there would be no problem, though not confirming, (our error #1), we signed a sept lease.  our lease is up july 31st and our landlord wants us out then, stating that he doesn't want the new lease to start september 1st.  At this point he doesn't have another tenant so he'll probably end up with a september 1st tenant at the earliest anyway.
If we choose to not do anything and not leave the until the end of the month, he'll begin the eviction process (presumably, though at this point i'm not sure if he's all there).  Won't that take longer than the 4 weeks we need?  What is the other recourse he can take?  Will this go on our credit if we willingly leave prior to the end of the formal "eviction"?  We're responsible people who know this isn't the ethical thing to do, and own two rental properties ourselves, so understand his position about a later lease but are having problems finding a place that allows big dogs in the city, and we currently have a 6 month old baby. 

any advice?  Thoughts?  Thanks for taking the time!
  • July 04 2011 - Chicago
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Answers (10)

Profile picture for COREXRE
Debbie is right (below).  If your lease agreement ends on July 31 - then July 31 (or prior) is the day to be out.  You might re-apporach your landlord in writing (a letter) and ask for a month-to-month extension while you seek a new rental. Explain 'why' his cooperating with you on a month-to-month might be a win-win situation for you both.  See if a written request is responded too vs. a face-to-face discussion.  Maybe something in writing will soften his position once he thinks about your proposal and his having to find a new renter.  Finally, he may have something else going on that your not aware of and he needs you to be out by July 31st.  There are always two sides to an issue!!

Best success -
  • July 05 2011
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There is no guarantee that you might not owe substantial damages to the landlord for overstaying a lease.

your prior monthly rent may have no bearing on how much you could be sued for, because that agreement will be over, and you have in fact been given notice to leave.

I'm sort of surprised the landlord won' negotiate, I would in that case, but that is neither here nor there. Put your junk in storage for a month, and stay at an extended stay hotel. The expense and hassle are worth it to stay on the up and up. 
  • July 04 2011
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Matt, as a zillow "premier agent", it might be prudent to actually read and understand the question before posting a response, especially one that encourages someone to breach a contract (the lease is a contract).

The landlord has every right to begin eviction if the tenants don't abide by the lease - the lease ENDS JULY 31, and the tenants should vacate on or before that day.
Amazing that you tell them they can remain there and not pay rent for 3 months before they can be evicted..........great advice!

jimilder - I can tell you know what the right thing to do is.....and it seems you want to try and be fair and work it out.........you said "negotiations ended"....does that mean (hopefully) that  the lndlord accepted your offer to pay more rent and move out before then end of  August?

I hope so.....................Good luck!
  • July 04 2011
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If your current employment or future employment does a back round check it may show up. Find a place asap and if you need to move before the new home is available go to a hotel, put the dog in boarding and don't risk your good name. Don't know where you live, but it can take a lot less time in California. Check with your state, county or city for their guidelines if you want to play hard ball.. 
  • July 04 2011
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Every state has different laws and taking advice from someone not familiar with YOUR city or state laws is NEVER a good idea so the ebst advice I can give you is to call a LOCAL property management company and see what the eviction laws are for the area you are in.  They should atleast be able to give you names and numbers of city or county agencies that could provide guidance and explain your rights as a tenant.
  • July 04 2011
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If you are planning on EVER leasing another property where the property owner checks for a UD or unlawful detainer, you don't want to get to the point where the landlord files an eviction against you.

Chances are once it's filed you will either have to show up in court (and what you would tell the court I have no idea) or if you don't show up, the court will hand a default judgment to your landlord. Personally I wouldn't count on the love and understanding of your landlord to drop the eviction once it's been filed as they cost a considerable amount of money to file.

But hey, it's your choice. Having an eviction on your record makes it extremely difficult to rent from anyone but either the most foolish or most disreputable landlords.
  • July 04 2011
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Profile picture for SoCal Engr
"He has no right to evict you. In fact, you can sit there for 3 months without paying until he can legally evict you. If he doesnt want to honor the lease, thats his problem. I would just stay."

Sorry, but the lease expires (per the OP) at the end of July. "Honoring the lease" would involve vacating the premises at the end of the lease, unless an agreement to extend/renew the lease is agreed to by both parties.

Is this way of "honoring the lease" part of your REA ethics training? I really wish other REAs could/would read your response - as an REA - and respond as the ethics of your advice in this public forum.
  • July 04 2011
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Profile picture for Matt Laricy
In the state of Illinois, the laws protect the tenants. He has no right to evict you. In fact, you can sit there for 3 months without paying until he can legally evict you. If he doesnt want to honor the lease, thats his problem. I would just stay.
  • July 04 2011
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Profile picture for jmilder177
thanks for the response.  i'm unable to occupy the other unit before september unfortunately.  Having now offered the current landlord more money (1.5-2x monthly rent), offering to pay all of august but just live there for 15-20 days, it seems negotiations have stopped. 
thanks. 
  • July 04 2011
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Profile picture for SoCal Engr
"We're responsible people who know this isn't the ethical thing to do, and own two rental properties ourselves, so understand his position about a later lease but..."

Sounds to me like you know the right thing to do, but are trying to rationalize doing otherwise. The "responsible thing" would be to negotiate, either with your current landlord or new, on an alternate schedule (i.e., either move in sooner or stay later, but with an agreement).
 
If you stay and force the current landlord to start eviction processes, you're causing him hardship and potential expenses. How do you know he doesn't want the 4 weeks so that he can do some maintenance in-between tenants? Even if this is not the case, you're going to be occupying his property without payment - that is "stealing" in my book.

I feel for your situation, but that doesn't give you license to make it someone else's problem.
  • July 04 2011
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