Please help me with my lease problem!

[Pugdog007]

Many years back when I rented, I got out of a lease once by sub-letting the apt myself for the remainder of my lease term. I just ran an ad in the local newspaper, showed the apt, rented it, then the new renter signed a new lease (taking over my term) with the landlord. That may be an option for you.

 

[barkley]

i'de check out what the tenant/landlord laws are in your state. around here even if someone signs a lease to the contrary it can't be enforced if it does'nt meet the legal mandates. most places hold that a lease unless renewed in writing by both parties reverts to month to month tenancy at the end of the original term.

check the yellow pages in your area under 'tenant or renter's'-there are free information and referral services in allot of places.

 

[MorganLeFey]

i'de check out what the tenant/landlord laws are in your state. around here even if someone signs a lease to the contrary it can't be enforced if it does'nt meet the legal mandates. most places hold that a lease unless renewed in writing by both parties reverts to month to month tenancy at the end of the original term.

check the yellow pages in your area under 'tenant or renter's'-there are free information and referral services in allot of places.

yes, but...the OP's father, an attorney in that jurisdiction, seemed to feel that the automatic renewal provision was enforceable.

most local landlord/tenant laws tend to focus on landlords of multiple dwellings -- apartment buildings.

 

[CJMZ]

As a landlord, I would advise talking to him to get his feedback, but it really depends on his personality.
If you like everything else about the apartment, tell him you like the place, but you are concerned for your baby crawling on it. You might mention that you took his advice and cleaned it, but it is still not acceptable.
Perhaps he will split the cost with you if you want a specific type of rug. We had a tenant who didn't like the look and color of the rug(light grey commercial) and wanted to replace it (it was 3 years old). They chose a tan colored berber, and we offered to split the difference, but they declined.
We have split the cost on crown molding, a double marble vanity sink and new countertops over the years. It keeps the tenant happy, and they are content to stay (we have many long-term tenants).
Painting, cleaning, advertising and showing an apratment is not alot of fun, and I would think that in order to avoid that the landlord would rather replace a rug than go through all of that, I know I would do it in a second.

 

[grlpwrd]

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.

I can attest to the truth of your last paragraph. My dh was renting an apartment for a job in West Palm Beach, FL yet had to break the lease when his job abruptly ended. He ended up being stuck paying the rest of the rent for the few months according to his lease. If he didn't pay they would have reported him as delinquent and have his credit report affected. It's serious stuff.

GL, OP!

 

[Galahad]

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?

I agree. The "except" means that you can cancel now with 30 days notice.

 

[MOMTOMOOTOO]

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.

That's how I read it too. I haven't rented in so long, but I do remember changing the carpet at my own expense. Perhaps, you can get a remnant and not have any worries. I am not sure the landlord is responsible to replace carpeting that you don't like.

 

[pirateofthecarolinas]

How old will your baby be when the lease expires again? Your baby won't be crawling for a long time. Most people put down (baby blankets) on the floor when then put their baby down. They aren't going anywhere.

Since the baby isn't here yet, I don't see why you have to move. Enjoy your little one while he/she is still immobile. Take the next 11 months to find the perfect home for your little toddler.

I also don't understand why you are afraid of talking to your landlord?

Lori

 

[sweet angel]

I believe you're stuck there for another year since you failed to notify him 30 days before the end of the original lease term that you would be leaving. You therefore agreed to an automatic renewal at the same terms.

I rented years ago and was responsible for my own carpeting -- which I then took with me when I left.