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HELP!!! Here is our situation.
We were in the process of renewing our lease for September 1st which
would make it our second year here in Newton, MA. There are five of
us. One of our roommates was out of the country and returned the first
week of September.
To show our intention of remaining in this apartment we talked to the
landlord and agreed to send him an initial copy of the lease signed by
the four of us, and informed him that once the fifth roommate
returned, we would send him another copy of the lease with all five
signatures. We followed through with this but have yet to receive the
lease back.
All was well until we had an issue with one roommate who was unable to
meet the first and last months rent which was required by the lease.
We were uninformed of this issue until our landlord called us on the
second week of September to say that he had received all but this
individual’s rent. To make a long story short, we resolved this
issue by covering his missing share of the rent, AND to ensure it
didn’t happen again we also asked him to move-out immiediately,
which he did. We overnighted his portion on September 17th, the
landlord received it the next day, and according to our bank records
it cleared on September 22nd. So currently, the landlord has the first
and last months rent from each tenant and accordingly we have
fulfilled our financial obligations.
The landlord led us to assume that once they received the first and
last month’s rent from everyone that there would be no further
issues. However, two days later (September 24th) the landlord verbally
informed us that he no longer wished to renew the lease citing the
payment issue with the now ex-roommate as the reason for their
aggravation and their sudden change of heart in giving us our lease.
On September 29th we received an e-mail stating “This Letter is
to notify the above tenants that the Owner is giving you a 30-days
Notice to vacate the apartment at the end of October 31, 2003. The
last months’ rent will be used for October Rent.”
The landlord is saying that we technically don’t have a lease
and is doing us a favor by letting us stay till October 31st. What
constitutes a signed lease? We have a standard lease form which was
signed by the landlord, as well as a “Landlord written
attachment” (for lack of better wording) which wasn’t
signed. What is the controlling paperwork? Or do they work together?
Is this sort of activity legal? In the 13 months we have lived here we
have never missed a payment, we have never had complaints from
neighbors nor the landlord, and any other minor issues have always
been easily resolved. How can we approach this and what actions can we
take to allow us to remain here? Is remaining here even an option? Any
information would be greatly appreciated. Thanks!!!
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