Is Month-to-Month is default lease after initial lease expires (evictions, rental, deposit)
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I'd fix it and submit to whoever they complained to, that they moved in with it working and upon inspection can see that it has been tampered with.
I'd personally send them a letter saying they may not tamper with wiring or anything electrical and that in the future if they break anything on purpose they will have to pay to have it repaired.
Also for future reference, take pictures of EVERYTHING, and that way if they claim something else is broken you can protect yourself.
Being a landlord isn't about being nice, if they had brought in a larger dog I would have notified them immediately that they are violating their lease. With many tenants if you give an inch they take a mile.
And those county laws. Can't evict them as retaliation, but no reason needs to be given??????? Huh?
Under that state law, Retaliatory Eviction includes non-renewal of a month to month lease when the tenant has files a health or safety complaint with an AHJ or regulatory body. The reason is that in normal on going evictions, if a person complains and you file eviction for some meaningless issue that was not a violation of the lease or law, and/or was determined by a court to be insignificant that they den the eviction, a tenant can file Retaliatory Eviction claim. But a month to month tenant had no such protection as the landlord simply says I'm not renewing and gives notice. The tenants had absolutely no recourse.
Under this state’s law, they make it a presumption that when a complaint is filed and the landlord now decides to not renew the month to month, it’s considered a retaliatory action by the landlord. The burden is now on the landlord to prove their action was not based on the complaint.
As it applies to this case, the landlord (OP) is in a Catch 22. If the OP does not renew and gives no reasons, and tenant claims Retaliatory Eviction, the OP will need to show a Judge it was not because of the complaint. The judge is going to be suspicious because if you had a legitimate reason, why didn’t you just tell them? But if the OP gives a reason for the non-renewal being one of the lease violations or issues from the tenant, the judge will still be suspicious and wonder why you waited to end the occupancy instead of letting them go when they violated the agreement. No matter what the OP does, without good legal guidance, they could be walking into a minefield. Their other option is to just wait the months needed to get pass the automatic presumption of Retaliatory Eviction which would make the tenants responsible for showing it was based on the complaint.
It sound counter to what most people think of landlord right to terminate a month to month, but it was necessary due to landlord abuse of month to month to retaliate. Now landlords in that state have to be a bit more careful.
STT Resident, you are right. They got me in a bad spot. I am not sure why they are doing this but it may be they are just looking for free ride or their personal servant who keep fixing things they break. I have not figured out yet which one it is, may be both. Live for free and screw me at the same time.
How are you in a bad spot? Don't be ridiculous, they can't live there for free. You can evict them if they do not pay the rent. Give them the 30 day notice and get rid of the trouble makers.
I have update on my situation dealing with my tenant. I got the HVAC technician company to look at the system (cost me $300). I have oil heat and heat pump. He serviced system and I gave the report to county for review. They closed the case opened by my tenant against me for no heat in the house. Tenant called the county inspector again to claim the system is not safe and dangerous to use. Yet they continue to use the system. On Saturday I was driving by the house and noticed the front door was open. The temperature outside was 40F. They keep front door open and then they claim heat is not working.
They have not paid for this month's rent. Can I start the eviction process if they have not paid the rent? Will it be considered retalition? I have administrative hearing on the Jan 15th for rent escrow. So I guess it's not setup yet so my tenant is misunderstanding the rent escrow.
Note: It was very hard to get technician to the house. They made it really hard for me to schedule.
Get an attorney. Your tenant is taking advantage of you and they will continue to do this until you get an attorney. They know the ropes and can string you along for another few months.
Either you get an attorney now to handle them
or
they will have you jumping through hoops for the next few months and then finally wise-up and get an attorney in March.
They're not going to get out unless you get an attorney. They are sophisticated free-loader tenants. They will string you along for months and you will not get anywhere until you get an attorney.
They have not paid for this month's rent. Can I start the eviction process if they have not paid the rent? Will it be considered retalition? I have administrative hearing on the Jan 15th for rent escrow. So I guess it's not setup yet so my tenant is misunderstanding the rent escrow.
Retalitory Eviction applies when you evict or refuse to renew a lease based on a tenant reporting a violation to the goovernement. Failing to pay rent is a violation of the lease and you have every rigfht to evict. Just make sure that a legal rent witholding wasn;t ctually established.
Based on the problems you are having, it's time to get an attorney to handle this.
Hi - Here is a Rental Renewal question re lease with no Automatic Rental Renewal clause in MAssachusetts:
Does a Standard Form Lease (Simple Fixed Term) revert automatically to a Month-to Month agreement at the end of the initial lease term?
Are the tenants still bound by the rules of the former lease as month-to month renters?
Can the Landlord increase the rent on 30 days notice from the middle of the month?
If the previous lease states Tenants must give 60 days notice to vacate, can the Landlord give only a 30 day notice to demand the Tenant vacate the apartment?.
Hello,
I have a single-family house in Montgomery County, Maryland. I had a lease with tenants and after the initial lease expired, we agreed to let them live there. Is it consider month-to-month lease? They agreed to pay additional $50/month. I have been very forgiving to tenant on pet issues and maintaining of the property. They have a 200lb dog but I only agreed to a small 50lb dog. They have been touching the wiring for heating and cooling systems but I did not make them pay for fixing it. Now they have filed complain to county that heat is not working but county inspector visited the property everything was working. I don't want to put deal with them anymore.
Can I give them 30 day notice to vacate the property? Does the notice has to be delievered by the 1st of the month or can it go anytime as long as I give them 30-days to vacate? I don't want to do this put they have put me in a bad spot by causing problems for me and damaging the property.
Thanks,
Your current lease would state the chosen option of conversion either month to month or renew for a year. It's one or the other. My leases have a checkmark of choosing a month to month or a year renewal at the end of the initial 1 year lease. I always choose MTM
Good Evening,
After the end of 1 year lease contract, I'm asking to the landlord to stay month to month basis with 60 days notice.
His answer is that month to month lease is not available and offers 6 or 12 months or ask me to vacate at the end of the 1 year lease. I'm looking a new job job in another state and neither 6 neither 12 months is suitable for me. What can I do?
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