Problems with landlord (new lease)

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[quote author="xsocal land merchant" date=1226718451]IPO



<blockquote>I doubt a judge would find in favor of the landlord just because the lease is unsigned. The landlord made the contract offer by preparing and forwarding the lease. Consideration was exchanged. I?d think the lease according to its current terms is valid and enforceable most likely? </blockquote>


Based on my experience with real estate contracts you need several items to have a valid contract: consideration, length of time and execution by all parties. Any bi-lateral contract must have both signiatures. In a small court case the LL would have the Craigslist ad showing his intent. The rentor has an unsigned contract. I would think the court would go with the LL since no "valid contract" exists.



It sounds like a mixup rather than a scam but is it worth the $75.00 per month to move again? Also the LL may now have a bad taste as far as the tenant and go ahead with the eviction even if the tenant decides to pay the higher amount. A lot of my leasing decisions are based on the relationship between me and my tenants. If I think they will be a problem right off the bat I usually move to another application.



Just business.</blockquote>


Exactly, just business. LL already turned over the keys and told the guy to move in. Now he's demanding higher rent. We all have no clue whether it was a mistake or not. LL was asked to double check everything. I'm not sure how the wrong lease dates might play into this (i.e. was LL a day off, his months were off, does it look like he put dates for an entirely different property, etc.?). But your point about LL-T relationship is valid. It's up to the OP to determine what hassle he wants. If he only intends to stay for one lease term with no intent of renewal, he has enough to duke it out (with some transaction cost - time and money - to be sure). But if OP is looking for somewhere to stay for the next couple to 3 years, he would be ridiculous to argue with and antagonize the LL who will be looking for every reason to evict him, if he doesn't have a valid one already.
 
[quote author="no_vaseline" date=1226745843]What's it take, 90 days to evict?



GAMBOL......</blockquote>




is that what the backlog is at the sheriff's office these days? There must be a whole lot of PO'd apartment companies, if so.



How long after you get the three day notice to perform does the sheriff tack the notice on your door?
 
That's what I'm thinking. And I'm not condoning this, but just suppose OP decides to squat here for a couple of months.



The LL is out of town.



It's not like the LL has me and IPO on his/her autodialer to "handle this".
 
[quote author="xsocal land merchant" date=1226740372]It will be interesting to see the update on the 3-Day notice.</blockquote>


No update yet. The only notice I would get is from a court I suppose, if the landlord goes forward with eviction. So I doubt I will hear anything new anytime soon. I did email the landlord just for my records stating that the 3-day notice was invalid since he was charging higher rent then per the lease.
 
^^Well what is your approach with the LL? I think the whole point is that the LL's position is that you don't have a valid lease because he didn't give you an executed copy. Are you trying to work this out, or are you just going to wait and see what happens?
 
[quote author="JLegend" date=1226974935]^^Well what is your approach with the LL? I think the whole point is that the LL's position is that you don't have a valid lease because he didn't give you an executed copy. Are you trying to work this out, or are you just going to wait and see what happens?</blockquote>




I am going to wait and see. I don't believe the LL will go through with the proceedings due to the cost and general hassle.
 
[quote author="rancidnsx" date=1226972528][quote author="xsocal land merchant" date=1226740372]It will be interesting to see the update on the 3-Day notice.</blockquote>


No update yet. The only notice I would get is from a court I suppose, if the landlord goes forward with eviction. So I doubt I will hear anything new anytime soon. I did email the landlord just for my records stating that the 3-day notice was invalid since he was charging higher rent then per the lease.</blockquote>


If the landlord decides to pursue this, tenant will next get a 30-day notice to vacate. If tenant remains in the property after the 30 days, landlord can/will file an unlawful detainer suit with the county court and serve tenant with an eviction notice. At that time tenant has 7 days to file a counterclaim. After the 7 days are up, court will schedule a hearing. At the hearing, the judge will hear both sides, if they show up. If tenant fails to show up, court will find in favor of the landlord and grant judgment, possibly to include financial penalty for losses incurred. Once judgment is rendered, sheriff will come a-knockin to enforce.



Court records of eviction cases can be viewed by the public for ten (10) years.



Sounds like a big gamble to me.



Either way, good luck.

-IR2
 
[quote author="rancidnsx" date=1226976084][quote author="JLegend" date=1226974935]^^Well what is your approach with the LL? I think the whole point is that the LL's position is that you don't have a valid lease because he didn't give you an executed copy. Are you trying to work this out, or are you just going to wait and see what happens?</blockquote>




I am going to wait and see. I don't believe the LL will go through with the proceedings due to the cost and general hassle.</blockquote>


Not sure why you're not trying to work it out, as poitned out above, could be a gamble. Does this guy entirely sound unreasonable?
 
It sounds like ego over logic. Win-Win is usually the route to go.



I would not lease to anyone who had a recent eviction on record so you may be causing some harm in acquiring your next rental. Employers may also hold that against you.



Good luck
 
[quote author="rancidnsx" date=1226976084][quote author="JLegend" date=1226974935]^^Well what is your approach with the LL? I think the whole point is that the LL's position is that you don't have a valid lease because he didn't give you an executed copy. Are you trying to work this out, or are you just going to wait and see what happens?</blockquote>




I am going to wait and see. I don't believe the LL will go through with the proceedings due to the cost and general hassle.</blockquote>


Check the the purported lease to see if there is an attorney fees clause. If there is and you lose, you may also have a judgment for fees and costs entered against you in addition to getting evicted. Assuming the LL can collect on a judgment against you or if you paid a big enough deposit, the cost of the UD proceeding could be yours and not the LL's.
 
My advice is to just stop the mind games already and make a good-faith effort to work with the LL. As others have pointed out, this is not worth going to battle over, particularly when you were ok with the terms as advertised. Nickle-and-dime'ing things may only end up costing you more than you want.
 
Just keep everything email. checks. whatever that you have contacts with him since begining of the process. to present at court to prove your innocences.
 
[quote author="freedomCM" date=1226991088]Its funny that you all are taking the LL's side, when the LL is clearly in the wrong.</blockquote>


Thank you, your honor.



I think the point is that the LL can make things more painful for the OP than it has to be. Based on this thread, it looks like the facts are in the OP's side, but you never know how this could end up if the eviction proceedings go through. Better to avoid this altogether.
 
well, if you are really litigious, you can sue the LL for damage to your reputation if notice of the eviction is filed, and subsequently found not to be justified, but somehow makes its way into the database.



that said, I should have written "when if you believe everything the OP wrote, the LL is clearly in the wrong", as I didn't mean to judge the veracity of the OPs case.
 
[quote author="SoCal78" date=1227007695]I see this a lot. Can someone tell me what "OP" means?</blockquote>
I was wondering this as well.

I was thinking it was Opposing Party.
 
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