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The response seems correct to what is expected by the landlord, if tenant makes you uncomfortable, then get rid of them.

90% of people roll-over and take it, comply, run with their tail between their legs. They were banking on that.

Now the trick is what is the plan B they use? They will probably appear to comply on all things and then slowly make a case for getting rid of you later when the heat is off.

If they have made you sufficiently angry, keep looking in the various laws and find other things that need attending to.

Make a list.

Send these requests ONE AT A TIME drawing it out as long as possible. It would reset the clock in a way.

Worst threat I can make is saying "Don't force me to make you my new hobby." something about going after someone for fun, to while away my idle time, is the worst thing I can think of doing.

Reality may be just to stick it to them good and then figure out your exit plan and get out on your own terms.

I applaud you for proving to them that evil behavior gets like treatment back.

I wish you luck.

Talizvar wrote:

Reality may be just to stick it to them good and then figure out your exit plan and get out on your own terms.

EXACTLY what I was thinking.

We're still house hunting.

You could also quietly allude to cash incentives/payoff to be moved out sooner. See if they are willing to throw some cash at you to leave more quickly.

If not, stick in their craw and make em choke for their trouble...

JohnHwangDD wrote:From what I see the lease was not broken, and the landlord is completely within their rights not to renew unless there is specific language in the current lease that sets conditions for/against renewal.

As for rationale, if the rent was "so good", then the obvious answer is that they believe they can get considerably more for the apartment once they refurbish it, not to mention that the current tenants have failed to responsibly inform them of cumulative maintenance needs over the past 4 years.

If you sue, it's a slam-dunk win for the landlord, so I wouldn't give them the satisfaction.


BTW, I think it's pretty much a given that any lawyer will tell you that you've got "a great case", if only to get the business. Any convict who hired a lawyer will probably tell you the same thing, right up until the moment they were convicted. At that point, the lawyer was a lying piece of scum.

Still, if you've got the money to burn, go for it.

Unfortunately He speaketh truth. Lawyers are evil scumsuckers who will take any case. I know. I know!


Automatically Appended Next Post:
The landlord can fix a everything and still not extend the lease.

But what they CANNOT do is retaliate against me (as they did) for calling an inspector.

I assure you, if they are force to do all repairs, its not simply fixing a few minor problems...more like a renovation to the duplex.

Once they renovate and all litigation/court dates are over...I'll indeed be moving out.

No doubt I'll have to move, but I'm kicking them in the balls on the way out.

They could argue you're out so they can do the renovation to the place.

They would have to relocate him and if not in there buildings pay his rent while the renovations are happening.

sonofruss wrote:They would have to relocate him and if not in there buildings pay his rent while the renovations are happening.

No.

Thats not how it works in most locales. Major renevations are done with tenants leases not being extended, and existing tenants voluntarily moved to new locations within the same complex while the renovation occurs.

Sorry to be on the side of the naysayers, but it just doesn't look like this will end the way you want it to Deadshane.

I'd just get out and find a new place.

Landlord says: "After assessing the repair cost associated with the unit in question, the rent value could be much higher and I'd like to put this property up for rent again at a higher rate. The time needed to conduct all the repairs and the lack of availability of another unit for rent mean I could not renew the tenant's lease at this time. I wanted to ensure the tenant had enough time to find a new place before the lease was up."

Game, set, match.

Deadshane1 wrote:By the way, just re-iterating...

This is NOT an eviction, they're simply not renewing our lease.

I guess I should have waited for the lease to renew before complaining....that was a big screw-up on my part.

Bingo.

If you give people an out, 99.9% of the time they will take it out of spite.

Welcome to the human race in the 21st century...



Hopefully you can find a compressible rental.

After watching the movie "Road", I have a new loathing for humans. In regard to your situation, if everything was fixed at your place the rent would go up up up. So, better to get out anyway.

This is where my lawyer friend would come in handy.

Stick it to the man! And find a better place to live.

@OP: you can do whatever you like, but this is how it's going to go down in court:

LANDLORD

Judge, the tenants surprised us with so much work to do, there's no way we could do it with them in the unit. As the lease is up, and we need to do a lot of repairs, (as the inspector's report shows), the obvious thing is to empty the unit, do the repairs, and collect much higher rent on a newly-renovated unit.

Now that we are not renewing the lease (at below-market rates), the tenant claims some sort of retaliation, when in fact they have been negligent in notifying us of any work to be done. As you can see, they have no proof of making any such notification (registered mail, for example). As the tenants were obliged by the least to inform us, the tenants have committed a material breach of contract of the lease.

I move for immediate dismissal with prejudice and full court costs and fees to be paid by the plaintiff as stipulated by the lease.

...

If you don't have a rock solid case with real evidence, more than just your word in the matter, then the landlord is going to bend you over. *hard*. And enjoy doing it.

JohnHwangDD wrote:@OP: you can do whatever you like, but this is how it's going to go down in court:

LANDLORD

Judge, the tenants surprised us with so much work to do, there's no way we could do it with them in the unit. As the lease is up, and we need to do a lot of repairs, (as the inspector's report shows), the obvious thing is to empty the unit, do the repairs, and collect much higher rent on a newly-renovated unit.

Now that we are not renewing the lease (at below-market rates), the tenant claims some sort of retaliation, when in fact they have been negligent in notifying us of any work to be done. As you can see, they have no proof of making any such notification (registered mail, for example). As the tenants were obliged by the least to inform us, the tenants have committed a material breach of contract of the lease.

I move for immediate dismissal with prejudice and full court costs and fees to be paid by the plaintiff as stipulated by the lease.

...

If you don't have a rock solid case with real evidence, more than just your word in the matter, then the landlord is going to bend you over. *hard*. And enjoy doing it.

the landlords notice was dated before he was informed of the notice, in fact it was dated the same day that dread informed him that he would be getting a inspector, before he had received the report.

youbedead wrote:the landlords notice was dated before he was informed of the notice, in fact it was dated the same day that dread informed him that he would be getting a inspector, before he had received the report.

In that case, then it cannot be "retaliation", because it would mean that the decision not to renew predates inspection.

It can be retaliation for calling in an inspector. That's plain, there's no arguing it.

One may allege anything. Whether it holds up in court is an entirely separate matter.

JohnHwangDD wrote:

youbedead wrote:the landlords notice was dated before he was informed of the notice, in fact it was dated the same day that dread informed him that he would be getting a inspector, before he had received the report.

In that case, then it cannot be "retaliation", because it would mean that the decision not to renew predates inspection.

Actually, the way Deadshane stated it it seems that the landlord's note about the "decision to not renew" was dated on the day that the inspector notified the landlord of an upcoming inspection.

The inspector's findings, of course, wouldn't have been available to the landlord to make a decision not to renew the lease due to making repairs based off the inspection...since the inspection hadn't occurred yet.

JohnHwangDD wrote:One may allege anything. Whether it holds up in court is an entirely separate matter.

Indeed. However you made a definitive statement which I considered to be incorrect.

What it will come down to is whom the judge believes. Or whether the building company has squared him in advance.

JohnHwangDD wrote:@OP: you can do whatever you like, but this is how it's going to go down in court:

LANDLORD

Judge, the tenants surprised us with so much work to do, there's no way we could do it with them in the unit. As the lease is up, and we need to do a lot of repairs, (as the inspector's report shows), the obvious thing is to empty the unit, do the repairs, and collect much higher rent on a newly-renovated unit.

Now that we are not renewing the lease (at below-market rates), the tenant claims some sort of retaliation, when in fact they have been negligent in notifying us of any work to be done. As you can see, they have no proof of making any such notification (registered mail, for example). As the tenants were obliged by the least to inform us, the tenants have committed a material breach of contract of the lease.

I move for immediate dismissal with prejudice and full court costs and fees to be paid by the plaintiff as stipulated by the lease.

...

If you don't have a rock solid case with real evidence, more than just your word in the matter, then the landlord is going to bend you over. *hard*. And enjoy doing it.

You're mistaken on a great many points. You havent read much of what I've said here have you?

Surprised them with so much work to do? We didnt.
Negligent of notifying them of work to be done? We werent.
We have documentation to those effects.

The inspector informed the office of coming out on the 29th at around 8-9am that they would be inspecting that day.
The office hand delivered a non-renewal notice to us on the 29th at 530pm.

How is this not retaliation?

The office has been notified time and time again of repairs that have been needed to be done. We're in no way in violation of our lease agreement, as we've been trying to get maintenance out here almost constantly over the last year, and have REALLY been trying to get them out for the last two months.

In fact, my attourney informs me that this next years lease has already started. In order to give us a non-renewal notice, they needed to inform us 30 days BEFORE the lease was up that we would have to leave the property. Lease ran out on June 30th they told us we needed to be out by July 31st on the 29th. The landlord has also told me that we need to pay this months rent for July 1-31, even though legally we have no agreement if the lease isnt renewed.

The office basically has no idea what they're doing legally. Not giving us proper notice to move (should've been done May 31 or so), attempting to charge us rent when (according to them) our agreement is run out, and OBVOUSLY retaliating for us calling the city code inspector.

I am in full compliance of all terms of my lease. We have living here a family including a small child. I have full renters rights being that my account is paid up to date and I am not delinquent on any rent. Judge may also see that I am an employee for the "home team" being that I work for the Sheriff, if you dont think that makes Judges look closer at the case you are terribly mistaken.

No doubt this is time to look for a new place to live. My attourney has informed me that he'll get his pound of flesh out of the landlord so has not charged me anything. I will stay here long enough to see this issue resolved. When it is resolved, I'll be looking for a new place to live in earnest, as I dont care to be evicted because of the least little thing as I'm sure we'll be under a microscope after this is all finished.

Good luck, let us know how it goes.