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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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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.
If you have "a standard lease form which was signed by the landlord," then
you have a lease. If the lease term is month to month, the landlord can
terminate the lease on 30 days notice (assuming that's the period stated in
the lease). The landlord doesn't need a good reason. If the lease is for a
year or some other term, then the landlord cannot unilaterally cancel early
except in response to a material breach. The late payment is probably not a
material breach because the landlord accepted late payment. I say
"probably" because it's possible that the lease says the landlord can accept
late payment and then terminate in response to the breach.
You can post more information here for us to consider, but in the end you
will need to consult an attorney in your state.
McGyver
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noahs_arch@hotmail.com (C & N) writes:
[Can Massachusetts landlord ignore signed lease and evict
tenants after some trouble with late payments etc.?]
The question of whether you have a lease may be moot, because there may
be a clause in the lease saying that the landlord can terminate it with
30 days' notice. You should carefully read over your copy of the lease
to see if such a clause is present.
A lease is a contract, and a contract isn't valid until it's signed by
all parties. If you have in your possession a lease with the original
signatures of all the tenants and the landlord, then that lease is
binding and the landlord can't break it (unless, of course, it's got a
30-day termination clause as noted above).
However, it sounds like the only lease with original signatures of the
landlors and all the tenants is the one you sent to the landlord and
he hasn't returned. This means that you don't have a binding lease in
your possession, which means that the landlord has the edge on you in
this particular respect.
You do have another copy of the lease, but you didn't mention whether
the landlord's signature on it is an original or photocopy. If the
latter, then forget about it, it's worthless as a legal instrument.
If the former, then you still have a problem, because presumably one
of the tenant names on the lease is the guy you've kicked out, so you
can't exactly get him to sign the lease along with the four remaining
tenants to turn it into a binding document.
Another point in the landlord's favor is that not all of the people to
whom he originally agreed to rent the apartment are still around. If
you try to bring in someone to replace the guy you kicked out, the
landlord has to approve it. Furthermore, all of you are liable for the
full rent each month, so the landlord can refuse to approve a new
tenant and you would still have to pay him each month the share of the
guy you kicked out.
Having said all of that, landlord/tenant law in Massachusetts is
heavily weighted in favor of the tenant. If you choose to fight the
landlord's decision to evict you, it will take the landlord at least a
few months to reach the point where he can legally have you and your
property removed from the apartment. You may wish to point this out to
him and suggest that it would be in his best interest to avoid the
hassle by allowing you to stay in the apartment.
Go to <URL:http://maltl.notlong.com> for more information about
tenant/landlord rights, responsibilities and remedies under
Massachusetts law.
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