Screw the Landlord
My landlord just told me I couldn't go month to month at the end of my lease... despite plain language in the lease giving me that option, and the fact that she called me and told me I'd have to stay for a month if I didn't tell her I was moving out.
I didn't even want to fight with her. I just asked if I could stay another month, since she said I may have to anyway on the phone, and was ready to for her to say "you know I'm sorry but we just can't do that." That would've been the end of it. But she said "No, we can't do that, it would destroy my market for this apartment," and I asked her about the clause in the lease. Then she got really pissed, and started yelling legal conclusions (as laymen are wont to do) at a frenetic pace. "That's just for liability purposes," "If you stay you will be violating your lease," "I will go down to the courthouse and evict you on the 31st, and you don't want that on your record," etc. etc. By the end of it I was pissed off and I told her she was flat-out wrong, and that "plain language of the lease disagreed with everything" she said. But apparently she had just "gone down to the 'law office' yesterday," and their "lawyers" (yeah right... I question her ability to afford one, much less have 2-3 on retainer) told her that the clause was ok. It's amazing how often people happen to have "just gone down the 'law office'" and gotten a detailed opinion from an attorney about a specific clause of a contract the DAY BEFORE they get questioned about it. I finally squeezed another week out of her though. Which is a good enough compromise for me. If schools don't let me know by Aug. 2-3, the answer is probably no.
I don't think she knows I'm a law student. I really really wish to God I could take this to the mat and litigate it to death, but if I transfer I won't have time to stick around and do it. This is why I will live vicariously through Heather, who is currently involved in litigation that promises to strike hard at the heart of "the man," and score a fantastic blow for the little people. I'm not even sure if I'm in the right in my situation, although I have a feeling I am(based partly on her reaction... people who are sure of their rights typically don't go batshit crazy when you question them on something). What's frustrating is my total inability to do anything. I can't tell her to go to hell, because I can't afford to stay here and run the issue through the legal system. If I could stay here though, I probably would, because it doesn't even matter if you win... all you have to do is make the other person bleed more.
I didn't even want to fight with her. I just asked if I could stay another month, since she said I may have to anyway on the phone, and was ready to for her to say "you know I'm sorry but we just can't do that." That would've been the end of it. But she said "No, we can't do that, it would destroy my market for this apartment," and I asked her about the clause in the lease. Then she got really pissed, and started yelling legal conclusions (as laymen are wont to do) at a frenetic pace. "That's just for liability purposes," "If you stay you will be violating your lease," "I will go down to the courthouse and evict you on the 31st, and you don't want that on your record," etc. etc. By the end of it I was pissed off and I told her she was flat-out wrong, and that "plain language of the lease disagreed with everything" she said. But apparently she had just "gone down to the 'law office' yesterday," and their "lawyers" (yeah right... I question her ability to afford one, much less have 2-3 on retainer) told her that the clause was ok. It's amazing how often people happen to have "just gone down the 'law office'" and gotten a detailed opinion from an attorney about a specific clause of a contract the DAY BEFORE they get questioned about it. I finally squeezed another week out of her though. Which is a good enough compromise for me. If schools don't let me know by Aug. 2-3, the answer is probably no.
I don't think she knows I'm a law student. I really really wish to God I could take this to the mat and litigate it to death, but if I transfer I won't have time to stick around and do it. This is why I will live vicariously through Heather, who is currently involved in litigation that promises to strike hard at the heart of "the man," and score a fantastic blow for the little people. I'm not even sure if I'm in the right in my situation, although I have a feeling I am(based partly on her reaction... people who are sure of their rights typically don't go batshit crazy when you question them on something). What's frustrating is my total inability to do anything. I can't tell her to go to hell, because I can't afford to stay here and run the issue through the legal system. If I could stay here though, I probably would, because it doesn't even matter if you win... all you have to do is make the other person bleed more.
posted by Snubligent at 5:50 PM
5 Comments:
If the plain language of the lease gives you that option, then you have that option, period. Your landlady just sounds crazy, and like she's been doing this too long. She can't evict you as long as you're paying rent - however, I don't know if the filing of the eviction in court goes on your record.
Thanks for the words of support. I hope I don't fuck it up and lose now that everyone's watching!
Heather's right.
Call up the local Legal Aid Society (they usually have eviction branch) and see if you can stir some trouble..erhmm..get more information.
If it's on the contract and it doesn't violate any existing public policy/statutes/codes, it's a done deal. Don't doubt yourself.
Snubs,
I agree with both of em. You should stand up for yourself! Sounds like you are going to stick around anyways and join the law review! :)
I don't doubt myself. Winning is most likely not an issue at all. I do doubt my ability to get this taken care of in three weeks.
The legal system moves slooooooowly. If I won I'd gain 3 weeks in my apartment, but I'd spend 3 months fighting to get it. This is a losing proposition. Especially if I have to move in less than a month and a half.
Small Claims is supposed to move faster than others.
Post a Comment
<< Home