Please help me with my lease problem!

[penguingirlie]

I am hoping the smart people come out in droves to help me on this one. We are currently renting a house. The landlord is refusing to do anything about the old dirty carpet and with a baby coming we are looking for something better. Our lease expired on June 30, 2006 and the following term is in our lease.

Automatic renewal unless resident notifies lessor in writing at least 30 days before expiration of the term of this lease of an intention to terminate said lease, this lease shall be automatically renewed upon the same provisions, covenants, agreements and conditions as set forth herein, except that the lease may be canceled at the end of the original term of the lease as provided above by either party giving 30 days written notice to the other party of cancellation.

Does this mean we are stuck another year or can we get out with 30 days notice? I am getting desparate and worried about my baby. Please help me!!!

 

[Maleficent13]

except that the lease may be canceled at the end of the original term of the lease as provided above by either party giving 30 days written notice to the other party of cancellation

This means you can give them 30 days and be done. On the flip side, they can also evict you with 30 days notice as well.

 

[penguingirlie]

That is what I thought but my father who is an attorney said otherwise. He likes to think he is always right. I think that I can get out which makes me feel better. Thanks! Anyone else agree?

 

[phorsenuf]

Sounds like when the original 1 year was up you went into a month by month lease. Very common. So if you want to go, give your 30 days notice and your all set.

 

[Maleficent13]

It is pretty straightfoward and worded fairly clearly; I'm not sure why your father would think otherwise. Like phorsenuf said, this is very common.

disclaimer: I am not a lawyer, nor do I play one on TV.

 

[DznyFan]

I'm in property management (commercial property, though) but it looks to me like you are in another year's lease. Unfortunately, you could have given the 30 days and used the carpet issue as negotiation for renewing. He was sneaky in slipping that little clause about automatic renewal in there. Even our apartment division there's not an automatic renewal in the leases. What is in the lease regarding early termination of the lease?
What is in the lease regarding maintenance and upkeep? If there is anything indicating he is liable for keeping the residence habitable, and the carpet is THAT bad, you might have something there - although dirty carpet doesn't necessarily mean the property is not habitable. Is the carpet beyond cleaning? How long has it been since it was cleaned? Is this something you can do yourselves at least to make it livable? If there are things living in the carpet or under the carpet, or you can prove that the carpet is full of mold or otherwise a health risk, you might have something. Best of luck to you.

 

[Mom2Angels]

This is why I think her father may be right..... (in red)

Automatic renewal unless resident notifies lessor in writing at least 30 days before expiration of the term of this lease of an intention to terminate said lease, this lease shall be automatically renewed upon the same provisions, covenants, agreements and conditions as set forth herein, except that the lease may be canceled at the end of the original term of the lease as provided above by either party giving 30 days written notice to the other party of cancellation.

 

[almacdonald]

You might be stuck, you might not. Talk to the landlord, if he/she is unwilling to let you give 30 days notice tell them you're giving 30 days notice to BREAK your lease. I've done this before, they'll probably keep your damage deposit or something like that but your health (and your baby's) is more important I would think. I moved because 1-we had a 50 gallon hot water tank for an 8-plex (= no hot water left in the morning), 2-ANTS!!!!! 3-My refridgerator (think 1950's, avacado, frosty freezer thing) kept freezing all my food 4- Mould ewwwww!

Good luck!

 

[penguingirlie]

The carpet is commercial carpet that was extra carpet when they remodeled the state capital forever ago. It was not installed very well and in the room that would be the nursery it isn't even tacked down. It is stained to the point that steam cleaning it won't help. I called yesterday to ask him about it and he said that I was welcome to clean it. I am scared that if I call him he will just say we are tied into another year even if we aren't.

 

[Maleficent13]

See, I read that part in red as it automatically renewed in its original terms EXCEPT that it could be cancelled by either party with notice after the ORIGINAL term of the lease was fulfilled. She's fulfilled the original time frame. But I think I'd go with the lawyers/property owners if they say differently.

Actually, what I think I'd do is ask the landlord what it means. What can it hurt?

 

[Am_I_There_Yet]

I'm a realtor and steer clear of doing leases, but I agree with your father.

It states that: this lease shall be automatically renewed upon the same provisions, covenants, agreements and conditions as set forth herein, etc.

The way I read it, is that the conditions set forth, are those set forth in the body of the original lease. Does is state that it's a 12 month lease?

The last sentence about the 30 days notice, to me reiterates the proper way to terminate before the original 12 months is up.

If it went to a 30 day renewal, I would think it would state that in that clause.

This is standard lease mumbo-jumbo. My MIL is going through the exact same thing, but in a commercial lease.

Again, I don't do leases and this isn't meant to be taken as legal advice. I could be wrong and for your baby's sake, I hope I am!

ETA: I agree with the others - speak to your landlord. This is the same advice I gave DMIL.

If you're in a high-occupancy area, he/she may let you out of it, even if you are in it for another year. You may lose your deposit, but it might be worth it to you.

If he lets you out of it, make sure you get a lease termination agreement signed by him. You don't want to find any nasty surprises on your credit report later on down the road.

 

[penguingirlie]

It is a standard lease that he just filled the blanks in on. The only part that gets me is the except clause at the end. Being pregnant makes me worry obsessively about things. My husband said we are moving either way. Hopefully the landlord will let us out. We were great tenants compared to what he has had before at least according to him.

 

[The Mystery Machine]

Automatic renewal unless resident notifies lessor in writing at least 30 days before expiration of the term of this lease of an intention to terminate said lease, this lease shall be automatically renewed upon the same provisions, covenants, agreements and conditions as set forth herein, except that the lease may be canceled at the end of the original term of the lease as provided above by either party giving 30 days written notice to the other party of cancellation.

I think you are stuck, since it falls under the "automatic renewal" policy. You did not inform the landlord in writing 30 days prior to the end of your lease therefore accepted the "auto renewal" clause.

 

[kmebee]

I, too, am in property management and this sounds to me like you are stuck for another year. It renewed since you didn't give them 30 days notice to cancel and therefore you are in it for another year. I just got out of a similar situation as far as the landlord not wanting to make any repairs or do any kind of maintenance to the apartment. That is the part that sucks because we REALLY liked the area we were in but the house needed a TON of work.

 

[da-winnie-pooh]

My parents are landlords, and the renters definitely have more rights, at least in our state. They have a house and a family moved in several months ago, paid one month's rent, then said they couldn't afford to keep paying and they had nowhere to go. My parents have had to get a lawyer, at their expense, to get the guy off of THEIR property! No one EVER pays the last month's rent (or two month's) since they know they're not going to be sued for that small of an amount of money. Sure, it could affect their credit rating, but they probably have bad credit anyway.

All that to say, I'm not sure what he could do to you if you gave 30 days notice, paid your rent up-to-date and left. I guess he could try to sue for 9 or 10 month's worth of rent, but would he? Probably not. My parents just say, "You can't get blood out of a turnip" and move on. Yeah, they're weird.

 

[mickeyfan2]

I too think your father is right.

 

[mickeyfan2]

The carpet is commercial carpet that was extra carpet when they remodeled the state capital forever ago. It was not installed very well and in the room that would be the nursery it isn't even tacked down. It is stained to the point that steam cleaning it won't help. I called yesterday to ask him about it and he said that I was welcome to clean it. I am scared that if I call him he will just say we are tied into another year even if we aren't.

Are there hardwood floors below the carpet? It might be cheaper for you to replace the nursery carpet yourself with a reminent. Might be less than $100.

 

[MorganLeFey]

another lawyer chiming in here. your father is right. assuming that the provision is enforceable, your lease automatically renewed for an additional year when you did not give the landlord notice 30 days before the end of the lease term.

does the lease deal with who is to maintain the premises and in what conditin are they to be maintained?

you can't break the lease risk-free without justification, such as the premises are uninhabitable. usually the landlord will keep yoru security deposit if you break the lease without justification, but be forewarned...as a general rule, the tenant who breahces the lease and moves out may still be liable for rent for the rest of the lease term. the landlord has an obligation to find a new tenant, but if he can't -- you're stuck payng the rent even if you don't live there.

 

[hlbtimes2]

Rather then asking here, why dont you call the landlord and ask him? He may just be looking for the standard 30 day notice. Or if you are really good renters or he is worried about filling the unit, me may be willing to do something about the carpet.

 

[canwegosoon]

Are there any clauses that would allow you to leave...I had a house clause...and could break my lease with no penalty(but had to give 60 day notice) when I brought a house.

Personally I think you should clean the carpets(you have been there at least a year-and IMO your Landland lord is not responsible for carpet cleanliness-but my old landlord did have all carpets professionally cleaned every other year) , and ask the landlord to have the carpet installed professionally in the nursery(other wise just buy a new area rug to fit the room)

Good Luck.