So ill try to keep this simple. I was living in a condo for the last 5 years. Landlord sold the place to a Asian guy who also went to state. He "claims" he will be an occupant even though I know he defrauded the system and won't be. I know banks aren't lending in this area unless you're going to live here. Anyways tells the sellers the whole time we can live by same agreements etc however Sunday sends me a text message saying I have to be out by July 12. Now he is stating I have until July 31 and has written it in a very poor version of English. I know his scheme is to rent this place out by getting rid of us one at a time. I just wanted to ask y'all can he do this? What should I do? Who could I contact? It's with many thanks. The skater jaws

7/2/2013 12:00:43 AM

when does your current lease expire? that's a legal contract...I wouldn't think a change in ownership would nullify it.

7/2/2013 12:07:25 AM

The answer probably varies by state. Are you in NC?

7/2/2013 12:08:14 AM

When the alternative is a hostile landlord, I'd probably just move. I like my housing drama free.

7/2/2013 12:09:40 AM

Never signed a lease here. Guy mentions in this letter he left me to fix things etc and that my current contact expires even though I don't have a contract.
"Please remember that the pursuant to your current contract agreement a 30 day written notice is required and is provided to you" even tho I don't have one

7/2/2013 12:12:00 AM

I'm certainly no lawyer, but I'm not sure you have any legal rights about this place if you didn't sign a lease. It sounds like the landlord is legally free boot your ass out come July 31 (or July 12, for that matter.)

Perhaps better-informed persons will take a more optimistic view of your situation, however.

7/2/2013 12:21:43 AM

Legally, it helps to know that he's Asian.

7/2/2013 12:25:56 AM

Thanks for any advice and I honestly think he doesn't like white people I'm not joking

7/2/2013 12:30:31 AM

If he lives there, he has to be given a 30 days notice THAT IS LAW, and even then he has to be EVICTED, which could take a few months. No contract has to be involved at all.

7/2/2013 12:52:02 AM

you can possibly hold your ground under an oral contract with previous ownership. if that's going to stand, you would need documentation of some kind from the previous owner and i'd probably get that notarized. it needs to be a sworn statement of some kind confirming the existence of the original oral contract with specific terms that would be used in a basic leasing situation. was the original agreement that you would be free to rent as long as you want? (i.e. no end to the lease term unless YOU want to leave?) the only drawback is that the new owner would take over once that original term is up.

probably wouldn't hurt to have something in writing concerning what the new and old ownership discussed concerning current tenants and get that notarized as well. new ownership is free to change their mind, but if it was a term of sale that tenants can continue to rent (even if it was oral) then the new owner MIGHT have breached the oral contract there as well.

i'm no lawyer either and it would take a real attorney to sort out all the details, but if you're trying to avoid involving them, i would take the cover-your-ass approach and get as much stuff in writing as possible with signatures and get them notarized. btw, the signatures must be made in front of the notary if you've never used one before.

i think you should also request something in writing from the new owner concerning why you're being asked to vacate with the date(s) of the request and when you're supposed to be out. make sure there's something in this document about WHY. if they don't have a good reason, i'd try to take him to court.

good luck homie!

[Edited on July 2, 2013 at 2:08 AM. Reason : more]

7/2/2013 1:57:17 AM

[Edited on July 2, 2013 at 2:08 AM. Reason : nvm...]

7/2/2013 2:07:41 AM

This thread is relevant to my interests.

Quote :

"If he lives there, he has to be given a 30 days notice THAT IS LAW, and even then he has to be EVICTED, which could take a few months. No contract has to be involved at all."

^ THIS is correct from all of my past TWW readings and interaction with leases.

Also, talk with your neighbors. Maybe one of them has a lawyer friend/ fiance / dad.

Best of luck. Keep us updated.

7/2/2013 3:36:39 AM

Today he met with me in person and threatened that I needed to be out by next week. He also said because it is his private property that he can change the locks right now. He said he would work with me and I have to be out by the end of the month, however he will not answer me why the other 2 can stay. He claims he is moving into the front room, but I know he is not as he is just pretending because to purchase a unit these days you have to be an occupant. He claims he is but he isn't. I know it. Also not a good relationship with the past owner so thats out the window.

7/2/2013 11:10:05 PM

Sounds like he's pretending to be an occupant to help secure the loan.

7/2/2013 11:18:34 PM

Sounds like you're a problem child.

7/2/2013 11:23:56 PM

Quote :

"Never signed a lease here."

Then you are on a month to month tenancy and the landlord only has to give you 7 days notice. If you stay beyond the notice you become a holdover tenant subject to summary ejectment proceedings, though the process will likely take a few weeks.

http://www.lawhelpnc.org/resource/proper-notice-of-evictionvacate?ref=hu8cA


[Edited on July 2, 2013 at 11:44 PM. Reason : There is some wildly inaccurate information being posted in here.]

7/2/2013 11:30:22 PM

If he locks you out, and has not given proper termination notice and sufficient time, you have the right to call the cops, for unlawfully evicting you, and can probably file a suit to make his life miserable.

There's no contract, it sucks, but you have to get out.

The only other option, ask the other people if they want out, and offer to take their place.

7/2/2013 11:31:55 PM

You should probably just get out anyway since he will make your life miserable, legally or not.

7/2/2013 11:42:36 PM

^^^he speaks troof for north Carolina

42-14. Notice to quit in certain tenancies.
A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days

[Edited on July 2, 2013 at 11:44 PM. Reason : .]

7/2/2013 11:44:04 PM

I am not a lawyer and this is not legal advice. I recommend you consult an attorney regarding your issue. If you are a full time student, NC State’s student legal services should be able to help.

armorfrsleep and puck_it have it right, but there are also specific requirements for notice. Under N.C. Gen. Stat. § 42 14, 7 days notice is required in a North Carolina month to month periodic tenancy. However it would be more accurate to describe it as 7 days from the end of the period, because that’s what is required for the notice to become effective. That is to say that in NC, the notice requirement is that it must be given at least 7 days from the end of the period for month to month periodic tenancy. So if your LL gave you notice on July 30, you actually have until July 31 to vacate. You may want to inform him of this.

As you get close to July 31, if you happen to send another rent check and he deposits/cashes it, then that creates an implied periodic tenancy. His old notice goes away when he accepts the rent, and he would have to provide notice all over again. It's something to think about if you can't find a place, but there would obviously be some risk to be considered here. If you do this, don't give the check when there are 7 or more days left in the month.

In NC, a LL cannot evict a residential tenant as a do it yourself job. The LL must have a legal right to retake the property and must use the justice system to either secure a summary ejectment or file a law suit. If he evicts you illegally, be prepared to prove your residence there (update your driver’s license if you haven’t previously done so). If my memory is correct, he could be liable for both criminal and civil penalties for illegal eviction.

If you stay past July 31 without paying rent, the LL may begin commence eviction action. If the LL decides to go this route, and if the landlord evicts you legally, you would then be liable for rent owed and damages.

Good luck.

[Edited on July 3, 2013 at 12:37 AM. Reason : It's chit chat, so not sure if serious.]

7/3/2013 12:34:13 AM

BUT


















nobody cares

7/3/2013 1:21:27 AM

I kid I kid.

Without a lease, it seems you are on a month to month arrangement, thus this would be in effect:

Quote :

"42-14. Notice to quit in certain tenancies. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days"

Here's some light reading for ya:

http://www.ncdoj.gov/getdoc/65f98289-61ec-4d13-b2dc-133bb5c44999/landlord-tenant-booklet.aspx
http://www.legalaidnc.org/public/learn/publications/brochures/BROCHURE_Landlord-TenantLaw_LANC-Greensboro.pdf

7/3/2013 10:01:00 AM

Either way, he told you June 30, and gave you til July 31. He's given you sufficient time, under the law, I would presume. I'm only a TWW J.D., M.D..... But no scenario anyone has mentioned really gives you any recourse.... You can only make it easy or difficult, but under the difficult route you could owe damages and shit like that.

I'd gtfo exactly on July 31

7/3/2013 4:34:03 PM

even outside of any legal requirements, his request and giving you a months notice is entirely reasonable.

7/3/2013 5:39:29 PM

7/3/2013 5:47:08 PM

I'm surprised how many people are renting with no lease agreement signed. What the hell you guys, come on!

7/3/2013 6:02:12 PM

Gives the tenant flexibility.... I suppose you can sign a month to month agreement, but what do you gain?

7/3/2013 7:03:25 PM

Well, shit, I've been renting a condo for the last 6 years, and I haven't had a yearly lease in the last few years. I'm a bit fucked if my landlord only has to give me 7 days notice

7/3/2013 9:06:54 PM

Month to month is great if your renting from an established management company.

Not so great if renting from just some dude

7/3/2013 9:11:13 PM

I would document that he has threatened to change the locks, especially if he did so in writing Such threats really don't go over well in the courts, and if he even tries it, do as someone else said and call the cops ASAP, because things change drastically in your favour when the landlord does that. I know you said you aren't on good terms with the previous landlord, but at least try to get something from him

7/3/2013 11:34:17 PM

Don't let that happen.

7/3/2013 11:40:05 PM

hey now
All American
11018 Posts
user info
edit post
Sounds like he's pretending to be an occupant to help secure the loan.


that is what he did and I know it because he hasn't moved Jack squat in. Anyways I guess he plans on filling the other 2 rooms with guys who are coming to state. I have found a couple people on here who have been willing to rent to me. I paid him rent for July and he finally cashed it after realizing I needed a few days to find a place. This will all be over when I move out. However I moved into this place August of 2008 as a month to month from a person who posted for a friend on TWW and let that month to month go for 5 years so I guess not complain to much? Hopefully in 5 years I will be living in my own house for goodness sakes.

7/10/2013 10:28:47 PM

the simple thing?

Move.

7/10/2013 10:48:05 PM

Got a place opening up next week ... furnished for $800/month.

PM me if interested.

7/10/2013 11:03:14 PM

Where is the place at robster? I could move in like tomorrow!

7/20/2013 5:46:42 PM

Why do you care if he is defrauding the mortgage company?

Weird that you keep bringing it up.

He owns the place, wants you to leave and gave you reasonable time to leave. Mind your own business.

7/20/2013 7:14:40 PM

TIME IS RUNNING OUT

7/20/2013 7:57:09 PM

Facts I've gathered:
-you got in to it with your past land lord
-he sold the condoplex/(slum?)
-new dude moved in- immigrant?- hostile towards you
-new dude wants you to be gone by August
-you want to stand your ground and talk to a judge about this
-you don't want to move


is this accurate?

7/20/2013 8:33:40 PM

you could go all



on him

7/20/2013 9:00:08 PM

Quote :

"Why do you care if he is defrauding the mortgage company?"

He is not doing anything wrong if he intends to occupy as his primary residence. If he is moving in and he got the mortgage as an owner occupant he is legit, even if some room mates stay. If he moves in and right back out it is questionable, but that really does not have anything to do with him ending leases for people who are renting by the room right now.

7/20/2013 9:39:04 PM

Right.

But also, it's none of this guy's business, unless he happens to work for the mortgage company...or just is really bothered by people lying to the bank

7/20/2013 11:51:57 PM

I'm not seeing what the problem is here. skaterjaws got to live month-to-month for a long while, and now there's a new owner who has given him plenty of time to move.

The obvious course of action is to find a new place to rent. Or maybe buy a place if you want to be able to live in it forever.

Not tryna be sassy or nothing. I just don't see what there is to discuss. The nature of the new owner's loan is irrelevant.

7/21/2013 12:21:38 AM

Quote :

"The nature of the new owner's loan is irrelevant."

In this situation that is probably true, but if you are renting a property that was foreclosed on the new owner claiming it to be a primary residence is very much relevant. Don't make me cite the Protecting Tenants at Foreclosure Act.

7/21/2013 12:53:11 AM

he is defrauding the bank, and I am over it. Whatever.

7/22/2013 5:49:09 PM

maybe he is. maybe he isnt. its really none of your business.

7/22/2013 5:50:58 PM

Not sure why DaBird cares so much that skaterjaws cares

Too much CARING ITT

7/22/2013 7:27:16 PM

In such a better place now. Thanks for all responses even the A hole ones.

8/18/2013 4:26:21 AM

says the holdover tenant

8/18/2013 9:04:04 AM

So now are you hunting down the bank and letting them know?

8/18/2013 9:27:09 AM

no, i am enjoying my new place with just one roommate more space and spending a little more money on expenses.

8/18/2013 9:28:16 PM