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Topicomg the new owner of the house im renting is mailing a 30 day notice to vacate
Jen0125
01/18/18 11:15:45 PM
#113:


wolfy42 posted...
I would suggest stating just a flat figure that you consider fair for you to move, and let him know you can break down the specifics if needed. He could easily just go for a number, but if you break down individual points, he might decide to argue some of them.


oh yeah for sure. that's what he said. i said all that i minimally required. he said find a new place to live, figure out the expenses and then we can discuss a hard final number once i've calculated all my expenses. i'm just breaking it down here for conversation sake.

wolfy42 posted...
I would also review your contract/lease as quite often there is a clause for breaking the lease included. This is usually done for the Landlords protection, but would give you a clear starting point (you could ask for more, but would in no way agree to less then that amount).


i have reviewed my lease 100 times because of the nature of my job. that's why that handwritten note was such a huge red flag to me. i knew my lease didn't give him grounds for a 30 day notice at all.

wolfy42 posted...
Also, it matters if he actually served you with a 30 day notice already. In most states at least, all the protections are there for the tenants, giving them quite a few ways to break a lease without penalty (unfixed/repaired items, finding another person to rent the unit in your place etc).


he didn't. he thought they did but the secretary at his company confirmed they never mailed me a notice to vacate in 30 days. legally per my lease they need to give me at least 60 days so i would have fought that.

wolfy42 posted...
There is no....specific...penalty (well at least in the states I have lived in) for a landlord that serves a 30 day notice that can't be enforced (for whatever reason), but..there is if the landlord actually tried to physically remove you (with the help of police, changing your locks etc). That didn't happen in this case, but it's still good to keep in mind he served you with a 30 day notice. It's his error, and if you do end up in court it could matter.


if he did any of that he would have grounds for a lawsuit against him, which i am prepared for. in my state i can get 3x damages for unlawful eviction and my attorney costs paid. plus since i work for an insurance company i could have found an attorney likely to take me on initially with no out of pocket cost to me at least for a consultation and then i could hire them on contingency. and it's not a conflict of interest because it's not related to my job. they would just do me a favor of not charging up front because they have relationships with a lot of us.

wolfy42 posted...
Since he already served you with a 30 day notice, that would give you enough reason to show you felt .....pressured to move....and require financial compensation.


the beauty is they DIDN'T send me the 30 day notice. he just thought they did. he works for an LLC with a partner and at least a secretary so there must have been something lost in translation somewhere.
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