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BEING SUED BY LANDLORD DIDN'T RENEW LEASE?

I am being sued by my land lord, I moved in a yeart ago with me, my wife and my 2 daughters and the agreement was $500 a month. well last month she wants another $500 because my oldest daughter who was ALREADY on the lease moved back in, and an extra $100 because she thinks my daughters boy friend is living here (HE IS NOT) and my lease agreement was up 6 months ago and a new one was never made. I TOLD HER SHE WASNT GETTING IT BECAUSE MY DAUGHTER WAS ON THE LEASE ALREADY,AND I WASNT PAYING THE $100 BECAUSE NO ONE ELSE WAS LIVING HERE. CAN SHE DO THIS??? I ASKED TO RENEW THE LEASE AND SHE HAS YET TO MAKE OUT ANOTHER LEASE.

6 Answers

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  • 1 decade ago
    Favorite Answer

    Read your lease. When the term of your original lease expired you likely reverted to a month to month rental basis allowing the landlord to change any of the terms of the lease with 30 days notice. Therefore, it is legal for the landlord to make these new demands. Securing a new lease is your best bet as it will secure all the terms of the lease for the entirety of the lease term. Just don't be surprised when all these new demands are included. Sorry.

    Source(s): Realtor
  • 1 decade ago

    Doesn't sound like you are being sued, it just sounds like your LL is trying to get as much out of you as possible. If your daughter was already on the lease, there shouldn't be an additional charge to the rent...rent is based on space and not occupants. If the LL thinks the boyfriend is living there the LL has a right for you to fill out the proper paperwork to add him as a legal occupant, if he is not living there you should Communicate this with the LL and ask the reasons the LL thinks this in the first place. Be aware, having someone live with you 14 days in a calendar year (this does vary by state) can make adding them to the lease a requirement. Sounds like you are on a month to month lease since your original lease has expired. Maybe this is your LL's way of trying to not renew a lease? Go chat with your landlord. Phone calls and emails back and forth are appropriate most of the time, but I think a lot can be cleared up by a face to face contact. Stay calm and just explain the points you made here.

  • GEEGEE
    Lv 7
    1 decade ago

    without a lease in force, she can raise the rent to whatever she wants to for any reason, or no reason at all. Read your original lease= it likely spells out that after it expires you become a month to month tenant, and then you should give xx notice before you move out, generally 30 or 60 days. She might just want you and your family out, so your best bet is to find a new place to live ASAP.

    PS rents usually go up when leases expire but not 500.00. So you should expect to pay something extra, but not that much.

  • Bibs
    Lv 7
    1 decade ago

    Did you give a proper notice that you were leaving? Anybody can sue anybody for anything. Winning the suit is another thing. You are angry, that will only cloud your thinking straight. Cool off. If you decide to defend yourself, you will have to take off from work for 1/2 day to appear in court. The burden of proof is on your landlord since he filed the complaint. Chances are this is a calendar court date. They will probably meet before a court commissioner, who will try to help the two of you to reach a compromise. If you can not agree, there will be a trial date set for another time. Good luck.

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  • 1 decade ago

    Yes, she can do that

    Since you no longer had a lease ( a signed one, not one that you were thinking she should have given you ) you are not protected from her raising the rent as long as she gives you a 30 day notice of it.

    It sounds to me as though this landlord wants you and your family out of her property. I would start looking to move.

  • 1 decade ago

    yes she can. without a signed lease you are considered a month to month tenant and she can raise the rent when ever she wants. But you can also move with out worry. Without a lease you can decide to leave anytime, no lease to hold you back

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