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During the pandemic, I lost my job. Someone stole my identity and claimed unemployment before I could which delayed my payments?
I was unable to pay rent for june through november.
My landlord flipped out and demanded I move, but couldn't evict me because the courts were closed.
I decided to move in with my parents if he let me out of the remaining months of the lease. But, we only talked about it. Nothing was in writing.
In december I got a huge flood of back pay for unemployment and got my job back. I paid all the rent I owed and am now current. But, he had already showed the apartment and signed a lease starting march 1st. Obviously I'm not out. my lease is still good through the end of april.
He is flipping out again demanding I get out immediately and his new tenant is staying at an extended stay hotel. He says he is going to sue me for staying.
Don't I have the right to stay since I am paid up in rent and have my job back?
He never actually agreed to release me from the lease, which was a condition I put on the offer to move out early.
How should I handle him at this point? Should I just ignore him?
There was no agreement unless he agreed to release me from the remaining months. He never accepted my offer. And now I'm paid up. He cashed the check that did include march as well btw.
- 2 months ago
In case you have your lease signed till the end of April and if you paid your landlord the rent for all the months you lived in, you have the right to stay till the end of April. Just talk to him and tell him that you have a signed agreement. You can move out earlier but he has to pay you something since he is the one to make you leave. You two can negotiate the amount.
- SlumlordLv 72 months ago
You are current on your rent, there is nothing he can do until your lease is up. Just tell him you are renting the place and he shouldn't have signed a lease with a current renter (or without an agreement, in writing, that you would leave).
I wouldn't ignore him, I'd just call him and tell him you are not leaving until your lease is up and since you are now a tenant in good standing, to leave you alone.
One thought is, you could ask him how much money he'll give you for you to let him out of the lease and to leave now. I would demand at least a months rent plus my deposit back and be sure to get everything in writing but if you just want to stay then don't make the offer.
- SlickterpLv 72 months ago
He can't sue you for staying in a contract. He will lose. Don't ignore him, just spell it out for him. You have a valid lease, and you are current on rent.
- Anonymous2 months ago
since there was never any written notice. did you ever move out? if you moved out that indicates you abandoned your lease. NO< IT WOULD NOT MATTER IF HE DID NOT CASH THE CHECK...
but since you paid i december he should have realized you were staying?
i find it odd that he signed a lease with someone else in December that didn't start until March 1. once you paid up, he had time to mitigate the damages and notify the new tenant the unit would not be available until may 1....he failed to do that.
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- Landlord365Lv 62 months ago
Since you paid, there was never any written notice to vacate or written agreement you would vacate then your lease remains valid. He cannot evict you unless you violate the lease in another manner. He is liable to the waiting tenant he signed with prematurely. His bad busines practices are on him.
- AmyLv 72 months ago
You technically do have the right to stay because he never canceled the lease in writing. You certainly do NOT win any right to stay based on finally paying your debt.
But since you admit there was a verbal agreement, you are a jerk for not honoring it. You knew you weren't offered a lease renewal. You knew the landlord was showing your apartment. So clearly you knew that he thought there was already an agreement about you moving out.
How should you handle it at this point? You can either move out voluntarily, or let the police throw you out as soon as the court catches up on its backlog of evictions.
- Anonymous2 months ago
If you have a lease, and you paid in full and he accepted it, then you are good. He would no longer be able to evict you for nonpayment of rent if the courts open back up for evictions. Also, a written contract can only be modified in writing. So if you verbally agreed to modify a written lease, a court would enforce what is written. He should have waited to sign a new lease with anyone else. The landlord will be liable to the other person who was unable to move in.
- Elaine MLv 72 months ago
If you are paid up you stay through the end of the lease. I'm assuming it's a yearly lease and not month to month.
It would be in your best interest to plan on moving, though.
- Anonymous2 months ago
Did he cashed your check for March. If he did then you can stay until the end of March. If he didn’t cash if, then you have to be out.
If he cashed your check then that’s the same as saying the contract is still good.
If he wants you to move out, he needs to refund your rent, prorated.