Comments on: ATCP 134 – RESIDENTIAL RENTAL PRACTICES

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Mon, 07 Nov 2011 23:35:18 +0000

Greg — I cannot give legal advice via this blog. Yes, a landlord can institute a no move out during winter months provision in a month to month tenancy. It creates what is often referred to as a “hybrid” lease. There are requirements that a landlord must meet in order to enforce a hybrid lease however. I would suggest retain a lawyer to review your situation and who can give you legal advice as to your options.

By: Greg Straub

Greg Straub — Mon, 07 Nov 2011 22:35:17 +0000

Signed a one year lease agreement. The lease agreement called for a 60 day notice to move out and a special clause to not vacate during November, December, January or February. Lease ended, became a month to month lease agreement. Have been there for 3 years. Paying every month on time. Lost my job, took new job and need to move out. Lease is a month to month lease so I provided 45 days notice. Landlord refuses to accept notice, wants to charge me for 4 months rent. Your help is appreciated.

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Thu, 29 Sep 2011 23:06:43 +0000

Bernice — It depends on the circumstances. However, since you opted to move without requiring the landlord to evict you — which probably was a smart thing to do — the issue is moot at this point from a practical standpoint.

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Thu, 29 Sep 2011 23:04:38 +0000

Bernice — I cannot give legal advice via this blog. If you feel that your landlord violated some provisions of landlord-tenant law act you should consult with an attorney that represents tenants to explore that more fully.

By: bernice

bernice — Wed, 28 Sep 2011 20:33:24 +0000

is it even legal to force you to move for no good cause…?

By: bernice

bernice — Wed, 28 Sep 2011 20:31:57 +0000

long story short, our landlord forced us to move out 6 mos b4 our lease was up for no other reasons but personal( he didnt like my husband) so instead of being evicted we agreed to move, now that we vacated his apt he has kept money for door stops and sink strainers and 1/2 the months rent after he told me if i paid just 1/2 month and moved on the 15th that would be fine…well he lied and kept the other 1/2 rent…please help…we were there over a yr and never was late on rent…

By: Tristan R. Pettit, Esq.

Tristan R. Pettit, Esq. — Tue, 27 Sep 2011 18:11:22 +0000

Sara — Thank you for your question unfortunately I cannot give legal advice via this blog. I would suggest that you contact an attorney that represents tenants in your area and provide him/her with all the facts surrounding your situation so that s/he could provide you with an analysis of your situation and advise you accordingly.