Re: Advice about a lease issue?
Quote:
Originally Posted by
SecurityStacey
I'm hoping I can get everything settled friendly like, ya know?
I don't want to spend the next year at odds with the apartment manager - I like as little drama as possible so this whole thing really irks me.
yes, but at the same time, it dosnt seem that they are being quite fair to you either. Put your foot down and tell them where its at. Tell them you have researched your laws ( and do so) and that they are under contract to provide housing for the timeperiod specified on the lease you already signed. Too bad for them. Dont let them jerk you around, being nice, does not always get things done.
Re: Advice about a lease issue?
i would go ahead and make extra copies of that lease you signed and then put em somewhere safe....
Re: Advice about a lease issue?
I would make the copies and all, but before you go pushing buttons make sure you are in 100% compliance with the lease. Some leases state no pets and even if your landlord verbally said it was OK to keep a herp they can use the contract and then you have a heck of a time proving the verbal agreement. Also lease information normally has some limit on pets and normally it is 1 or 2, this is designed to keep people from having 20 cats in a 1 bed room apartment and stinking the place up. Mammals need more room than herps, but most leases do not differentiate. If your Herps have you in violation of the contract or a state code they have you by the scruff of your neck and can pretty much do whatever they want to, signed lease or not. That is incase you can't create a situation that puts you in compliance.
Re: Advice about a lease issue?
Quote:
Originally Posted by
Gloryhound
I would make the copies and all, but before you go pushing buttons make sure you are in 100% compliance with the lease. Some leases state no pets and even if your landlord verbally said it was OK to keep a herp they can use the contract and then you have a heck of a time proving the verbal agreement. Also lease information normally has some limit on pets and normally it is 1 or 2, this is designed to keep people from having 20 cats in a 1 bed room apartment and stinking the place up. Mammals need more room than herps, but most leases do not differentiate. If your Herps have you in violation of the contract or a state code they have you by the scruff of your neck and can pretty much do whatever they want to, signed lease or not. That is incase you can't create a situation that puts you in compliance.
I agree with the above statements. While you are probably in the right about the amount you need to think long term as well. Fighting them (even though you are right) will almost for sure see you moving next year as they won't resign another one with you. Also, any compliance issues will almost surely get you booted too. While you are right they own the property and will more than likely find a way to get rid of you (mid-night inspections, in your apartment when you are out, etc.). It is a sucky situation when you have to rent. Good Luck.
Re: Advice about a lease issue?
Quote:
Originally Posted by
lord jackel
(mid-night inspections, in your apartment when you are out, etc.). It is a sucky situation when you have to rent. Good Luck.
those are all illegal in every stat that im aware of.
as for stacey it depends on the state and also the lease itself.
some leases have clauses for raising the rent some dont.
typically even then they would have to notify you in writing!
as for moving asap they would have to notify you also in writing and typically its 30 days you have from that point(depending on state).
just because your lease says something doesnt mean that its golden either!
state laws will always trump that lease.
you need to see if your apartment is rent controlled or rent regulated.
PETS
Tenants may keep pets in their apartments unless
their lease specifically prohibits it. Landlords may be able to
evict tenants who violate a lease provision prohibiting pets. In multiple
dwellings in New York City and Westchester County, a no-pet lease clause
is deemed waived where a tenant "openly and notoriously" kept a pet for
at least three months and the owner of the building or the owner’s agent
had knowledge of this fact. However, this protection does not apply to
public housing or where the animal causes damage, is a nuisance, or
substantially interferes with other tenants. NYC Admin. Code § 27-
2009.1(b); Westchester County Laws, Chapter 694
Re: Advice about a lease issue?
Quote:
Originally Posted by
nixer
those are all illegal in every stat that im aware of.
It is amazing what can become "legal" when you own the property (that is why leases are so wordy)...and your missing the point I was trying to make.
Re: Advice about a lease issue?
Quote:
Originally Posted by
lord jackel
It is amazing what can become "legal" when you own the property (that is why leases are so wordy)...and your missing the point I was trying to make.
actually i didnt but the fact is that its not legal its right in the link that was posted earlier as it is in almost every state. no matter what the lease says!
Re: Advice about a lease issue?
Quote:
Originally Posted by
wolfy-hound
A signed lease is a contract. You have a contract with them for the specified amount of time. Contact a lawyer if you can find one to advise you without much of a fee, or just tell the landlord that you would be happy to discuss the CONTRACT in a lawyer's office of your choosing. Put the contract in a bank safety deposit box.
I agree 100% with this. In TX it is in the lease you both signed that is how it is mis-print blatant stupidity it does not matter a contract is a contract and every one has to follow it.
Re: Advice about a lease issue?
Quote:
Originally Posted by
lord jackel
It is amazing what can become "legal" when you own the property (that is why leases are so wordy)...and your missing the point I was trying to make.
Own or not it's breaking and entering if the property is occupied, alot of landlords believe since they own the property it's ok to come in anytime that is INCORRECT and you can SUE and get alot of money for stuff like that. You can even stretch the truth and say you were naked as you just stepped out of the bathtub and the owner barged in, he has no proof that never happened and could get into very serious trouble.
On topic a lease is a lease if he signed a contract and his one month trial is out since you said you renewed a few months ago he can't do that, don't let them intimidate you conact an attorney if they persist and seek legal action I bet you they back down.
Re: Advice about a lease issue?
My pets are written into the lease - I had them added so it would never come up as an issue.
As for coming into my apartment when I'm not there - it is actually illegal to do - but it wouldn't matter anyways since I don't violate my lease at all.
I'm hoping when they realize I'm not stupid and I'm not going to back down they will back down and give me the "oops - its a mistake" routine and everything will be fine. I meet with her tomorrow.
As for "long term" my apartment is already over priced - I was willing to stay for $30 more a month because I like it - but only barely. Had it been another $100 a month I wouldn't have renewed my lease.
