From: rrw@sunset (Bob Wier)
Newsgroups: misc.consumers
Subject: Re: Landlord not renewing lease ... legal implications
Date: 10 Nov 92 07:14:19 GMT
Originator: rrw@sunset.cse.nau.edu

From article <CARL.92Nov6175919@atlantis.Cayman.COM>, by carl@Cayman.COM (Carl Heinzl):
> 
>>->	.... Normally, in any civilized part of the
>>->	world, the Tenant has the right to continue the lease, unless
>>->	you have violated any of the rules of the given lease. 
> 
>>this is simply not true.  in many (most?) jurisdictions landlords have
>>quite a lot more rights than this ...
> 
> I must agree, the original statement is simply not true.  I, as a
> landlord, can tell my tenants that I'm not going to renew their lease.
> My lease (which is legal in Mass, btw) states specifically that if the
> tenant wishes to renew the lease they must let me know *45 days*
> before the end of the lease and I will make a decision within 15 days.
> 
> This is not only legal, but I consider it fair, since I would want the
> two weeks to call brokers and post ads and a month of time to be able
> to show the apartment.  By the way, I can give 24 hours notice to show
> the apartment in the last 30 days of the lease and the tenant cannot
> say "no".
> 
> Now, I've actually had excellent tenants (except for one group)	and
> I'm a good landlord and treat my tenants fairly, with respect, and
> even as friends (it's a two family house).  I do get my dander up
> everytime someone thinks that tenants have the right to walk all over
> landlords, though.
> 
> -Carl-
> --


   I've been in both shoes - both as a landlord AND as a tenant.  And
 I've experienced scum going both directions.  I had a tenant AND an
 absolutely pitiful management company at the same time.  They didn't
 collect rent from the guy for two months, and lied to me about it.
 When I finally got rid of them both, I found that contrary to my 
 instructions, he had been a smoker, and the place was BROWN!  You
 had places on the walls behind the pictures where the original paint
 showed rectangles where the smoke hadn't bonded...The garbage disposal
 was stuck due to the number of cigarette butts which had been put
 in there (incidentally, this isn't intended as a flame on smokers, only
 that particular tenant). And since the management company was crooked,
 I didn't see any deposit money, either. That was about a $2K loss, plus
 the fix up expenses.

 On the OTHER hand, I was renting a duplex one time, and happened to be
 in the kitchen when the landlord was doing some maintanence (mowing the
 grass) outside the back door. It was open a crack (which I guess he
 didn't realize) and a friend of his stopped by.  They got into a discussion
 and he said "Oh, no - we NEVER give back the deposit. We always find 
 something to charge for to keep it". Sure enough, when I moved out, they
 sent me a bill for $10 MORE than the deposit for carpet cleaning (about
 $175 for a 1 bedroom apt). When I asked for a copy of the receipt, they
 said, well we did it ourselves and that's what we charge... uh huh...

 I consider the biggest inconvenience in being a tenant is the disparity
 between the time required for notice to be given of vacating and the time
 people will hold units available.  Most states where I've lived, you have
 to give 30 days written notice of intending to vacate. But landlords will
 hold units for you at MOST 2 weeks.  SO you either spend two weeks in
 uncertainty about finding another place to live, or you end up paying
 2 - 4 weeks overlapping rent between the two places.

 I don't feel that consistant time periods would place an undue
 burden on the landlord.  One has to realize that it's CONSIDERABLY more
 hassel when you are moving on the tenant (who has to move EVERYTHING) than
 the landlord (who can drive over, paint walls and clean the carpet, and should
 be ready to go on a new rental...)

 Just MHO...


- Bob Wier

  ---------- insert favorite standard disclaimers here ----------
                   College of Engineering
      Northern Arizona University, Flagstaff Arizona
  Internet: rrw@naucse.cse.nau.edu | BITNET: WIER@NAUVAX | WB5KXH