THIRTEEN months?

[ADeMartino]

I urge you to rethink this. If you try it, he can take you to court and sue you for the back rent and STILL withhold your security deposit. \

I'd love to play this by the rules, but unfortunately, I've learned the hard way that it is notoriously difficult to get a deposit back from people like him. Once he has your money, he ain't giving it up. I'd end up suing him for it, but he'll just concoct some excuse or legal hat trick. Even if I manage to get a judgement in my favor, it's still up to me to collect it - and he'd just find some way to drag this out for months or even years.

So right now I owe him this month's rent. I'll be out of here long before the next month's rent is due, and he can just keep the deposit. The apartment is is in better condition than when I first rented it - new ceiling fixtures, new(ish) carpet, and recently painted.

He can try to sue me for this month's rent, but that's a big, nasty can of worms I don't think he wants to open. Let's just say that his recent behavior is only a small sampling of his sins as a landlord.

And yes, it's going to be a 'just leave' kind of deal, unless he decides to escalate the situation. I don't want, or need, any more drama than what's already taken place. With a little luck, I'll be gone before he even realizes it.

[Jester]

Wait, aren't you currently under an existing lease? And he's trying to get you to sign a new one before that one is up? Even if you weren't planning on leaving, that's just nuts. And would probably make most people leave.

Suggestion...move out, THEN call him or confront him in person and tell him to go fuck itself and his new lease. But...and this is the amusing part...DON'T tell him you've left. Let him bang is head against the wall for a while demanding you sign the new lease, demanding rent you won't be paying him, making threats, etc. Use his own greed and idiocy against him to torture him.

It'll be well deserved.

[ADeMartino]

Wait, aren't you currently under an existing lease? And he's trying to get you to sign a new one before that one is up? Even if you weren't planning on leaving, that's just nuts. And would probably make most people leave.

Suggestion...move out, THEN call him or confront him in person and tell him to go fuck itself and his new lease. But...and this is the amusing part...DON'T tell him you've left. Let him bang is head against the wall for a while demanding you sign the new lease, demanding rent you won't be paying him, making threats, etc. Use his own greed and idiocy against him to torture him.

It'll be well deserved.

Well, I suppose what I had with the old landlord could be considered a 'lease', but there weren't any terms regarding how much notice I had to give before moving out, or anything like that. The document basically stated what my rent was, when it was due, what each of us was responsible for, and a list of things I should and shouldn't do - keep the noise down after 10pm, no water beds, that sort of thing). All in all, the old guy was pretty laid back and responsible.

This new guy only wants money, and to hell with everything else. Maintenance is a joke anymore, and coupled with his recent bad behavior, he's just thoroughly pissed me off.
His 'invasion' of the apartment was just the last straw for me.

I don't particularly want, or plan on, a confrontation with this guy. I just want to get the hell out before it gets any worse.

[taxguykarl]

Agreed....get out of there, hold onto the documentation just in case and keep tabs on filings in your local court just in case this tries to employ some type of sewer service to obtain a default judgment against you.

[sms001]

Glad you're getting out, and I second (third, whatever) the hanging on to your last month's rent - guys like that are impossible to get money out of. If you've looked up and documented why his "13 month" scam is a scam, why not print out the salient facts, xerox it, and put them under everyone's door in the complex when you leave. Hate for the less informed to get skewered.

[csquared]

Try your Google-fu and see if you can locate a local tenant advocate in case you do need help. And while you are at it, report him. Make sure he stays on their radar.

[Jester]

Well, I suppose what I had with the old landlord could be considered a 'lease', but there weren't any terms regarding how much notice I had to give before moving out, or anything like that.

Yeah, but didn't it list what the rent was, and for what term the lease ran? If it lists those two things, it is valid through the end of the lease, whatever end date is listed on it, and short of mutual agreement between you and the new landlord, there is no changing that. He can't decide to change it midstream, since it is legally binding document on both you and him. You can't pay less than the agreed upon amount, and he can't charge more, no matter what he wants to do.

If you've looked up and documented why his "13 month" scam is a scam, why not print out the salient facts, xerox it, and put them under everyone's door in the complex when you leave. Hate for the less informed to get skewered.

Why wait till you move out? Do it now? There is nothing illegal in doing this, and if you have a copy yourself, as if you received it, there is no proof indicating you were the one who distributed it to the others. And honestly, they have the right to know that what he is trying to do is a complete, total, 100% scam.

[ADeMartino]

Which is why I'm getting the hell out. I'm sick of his attitude and his games, and how quickly the building is going to shit because he's ignoring the maintenance. And I'm still not happy with the way he let himself in without notice. He hasn't done it since, at least, not that I know, but I don't feel a sense of privacy in my own home anymore, and that, more than anything, led to my decision to move on.

I've already talked to just about everyone else in the building. He's tried the 13-week game on all of them - nobody seems to have fallen for it, but the rent hike affects them regardless, and they're not happy.

The plan is to complete the move Friday night, which should take only two, maybe three hours at most, since most of the stuff I could move solo has already been hauled away. I'll run the carpet scrubber Saturday morning, do the last bits of cleaning, and take a few pictures to cover my ass. Then he can stick it all up his ass.

[AccountingDrone]

<puts on cheesy fortunteller outfit>

I forsee an empty building shortly [or as soon as peoples leases expire]

[Jetfire]

As others said, when you've moved out (as in before you take the last load down to the car even), document the state of the apartment before you leave. Video and still photos, and pick up that day's paper and have it clearly in some of the shots so you can establish when it was taken.

Make sure you get into the nooks and crannies and classic 'dirty spots' (Toilets, sinks, bathtubs, bathrooms in general, oven, fridge, dishwasher, windowsills, etc...)

From my years of watching People's Court and Judge Judy, I believe you're on a month to month lease now, so you'd have to give a months notice technically. But you don't have to live there that month. Overall it sounds best to just get out now and argue about the fine details when you and your stuff is safe.

Make sure you document your concerns with the new landlord too; the times he barged in without notice, the attempted 13 month scam and so forth; you might have a good enough case for the early leaving if it comes to that; especially since you are abandoning the deposit as is.

[Jester]

I believe you're on a month to month lease now, so you'd have to give a months notice technically. But you don't have to live there that month.

Excellent advice. This is probably a good way to go. Once you are completely out of the place, with all cleaning and documenting done, call your landlord and give him a month's notice. I expect he'll make all kinds of threats, including withholding your security deposit, which is what you expect him to do anyway. And since you will be free of his building and no longer subject to any kind of intrusion from him, this would be a great point to tell him to go fuck himself, if you are so inclined. From all that you've said, you're not so inclined, which is kind of a shame, since someone should really tell him that.

[ADeMartino]

No, I think you misunderstood me. The idea here is to keep him n the dark as long as possible in order to get my things safely out of his grasp. I would not put it past him to try to retaliate in some way, or even to attempt to take possession of things that aren't his.

One example is the refrigerator. There was a refrigerator when I moved in, but it broke down in April. I tried to get him to repair or replace it, which would be his obligation since the fridge was actually his, but I never could get any action on it. I eventually went out and bought my own, with my own money, and never got credit for it on the rent. Therefore, it belongs to me. If he got wind that I was moving out, he could attempt to take possession of it - and then I have to sue him to get it back. It's easy enough to prove I own it, since I have the receipts and warranty paperwork, but doing so involves going to court, and that's just a hassle, win or lose. Then, once more, when I've actually won the judgement, I have to go through the rigamarole of actually getting it back from him. The easier way to deal with it is to simply put it on the truck Friday and leave with it. Then he has to sue ME, and we all know that won't work.

Once my things are out of his reach, and I've documented the condition of the apartment, he's gonna get a very public reality check. Count on it.

[Jester]

I can't speak for anyone else, but that was what I meant. Once ALL your stuff is out of the apartment, THEN give him thirty days notice...but just let him know you're not renewing the lease agreement at the end of that month. Don't necessarily tell him you're already out of the apartment. Chances are good he'll be plotting ways to get back at you, since he still has keys to your place...and of course, you'll already be gone. It'll be like watching a cat chase a laser spot, only even more hilarious.

[Jay 2K Winger]

I can't speak for anyone else, but that was what I meant. Once ALL your stuff is out of the apartment, THEN give him thirty days notice...but just let him know you're not renewing the lease agreement at the end of that month. Don't necessarily tell him you're already out of the apartment. Chances are good he'll be plotting ways to get back at you, since he still has keys to your place...and of course, you'll already be gone. It'll be like watching a cat chase a laser spot, only even more hilarious.

"Stupid bitch thinks she can move out on ME? Thinks she can cheat me outta my rent? I'll show her. No security deposit for her, not after I get done with all her stuff-- WHERE THE FUCK IS ALL HER STUFF?!"

[ADeMartino]

I like that plan. There could be an issue with the rent for the month I'm not there, though, and technically he could sue me for it. Of course, he probably won't want to, because it'll shed unwanted light on all the shit he's pulled.

I could even go get a cheapie charity-store lamp and put it on a timer to give the illusion the apartment is still occupied.