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Everything posted by justagirl26

  1. Thank you for your response. To close this post, aside from the cutting the trees without my consent and all previous posts, my LL apologized that the tree service showed up early. I did post date checks (my mistake) for the next 2 months. Thank you for all the posts and the advice on writing a stern letter, which I did and it seemed to make him realize he was being unreasonable. However, everyone is human and has bad days so I'm chalking up his initial request to terminate my lease as "having a bad day". The tree service coming earlier than the LL thought was a mistake..mistakes happen. I am keeping my fingers crossed till my lease ends to have no further issues. This site has brought a wealth of information, to include human behavior and how many are seeking frivolous court claims. lastly, I fell on wet water that I dropped and sprained my pinkie toe, this has caused me great emotional stress and I'm now afraid to walk or use water. Can I sue my landlord for having a faucet? I'm kidding about the previous question..Have a great day everyone!!
  2. Update. Well after many back and forth emails and my refusing to leave based on this. He told me I could stay in the house if I signed a new lease and I refused. He had trees cut without giving me the proper notice and I stated he went against lease terms. FInally, I emailed him stating him and I had gotten of on a very wrong note and I wanted to stay in the house etc and gave him post dated checks for 3 months. I stopped paying the rent initially but decided this wasn't the best course of action. I did have late fees, which he allowed me to pay on the following months rent and I told him obviously when he ran my credit and checked previous landlords, I never had any issues. Long story short. I learned a valuable lesson. Read and know what I am signing. Also there are laws to protect tenants. As much as I love the house, my landlord must be suffering from some mental illness, bc he is crazy..lol but I wont renew when lease is up for renewal.
  3. Thank you for the advice...I am on the fence, just to walk away, because it's to the point of constantly visiting the home for "maintenance". Is it possible to just move and still file for wrongful eviction? He comes tomorrow for A/C maintenance, which I'm unsure why, since there is nothing wrong with the unit but I plan on setting up a nanny cam video because I believe he goes through my personal things. This will end up costing me almost 6k when it's all said and done within the last 90 days, because if I move, I hardly doubt he will give my deposit back. I don't want to take a financial hit, but I just want to be done with it except I don't want to lose all this money.
  4. The lease states just to keep house clean. There is nothing that states a smoking policy. The notice of lease termination states breach of clause 5 in the residential rental agreement. #5 Rental application: The tenant acknowledges that the landlord has relied upon the application as an inducement for entering into this agreement, and the tenant warrants to the landlord that the fact stated in the application are true to the best of the tenant's knowledge. If any facts stated in the rental application prove to be untrue, the landlord shall have the right to terminate the residency immediately and to collect from the tenant any damages resulting therefrom." Upon entering the premises on 2/19, the rental manager found evidence of smoking inside the house, including obvious odor and pack of Marlboro cigarettes in plain sight. In the application the tenant answered "NO" to the question. "Do you smoke". The only time smoking was addressed was on the application as I am a non smoker. Nothing in the lease has a smoking policy. PG1067 you made some valid points. I also despise smoking but this is a contract and while It was implied for obvious reasons not to smoke in the home, it didn't state that in the lease I signed. Technically I could have had a smoke filled party because there is nothing I signed in the lease addressing smoking. Regarding the dog, my dog is a service animal. I guess there is no difference except the courts aren't involved, so he's terminating my lease and not evicting me. It's the same to me. I feel as he got more than 3k in the last 30 days and bought new appliances to sell the home and found any reason to kick me out. however, not wanting to live with a landlord like this, my intent was to just move and not pay him the last months rent as he has my deposit. His behavior thus far, doesn't warrant he will return my deposit and I don't want a long lengthy court battle. I just want to move on and cut my losses. Unless I can still bring him to court and sue for financial damages.
  5. Thank you everyone for your responses. I admit, I wasn't very clear in my first post as I was still angry. 1. My application I put down I am a nonsmoker. 2. The lease doesn't address smoking at all. There is nothing that states smoking on or off the premises. However, it was just common sense smoking wouldn't be allowed. Now it raises the questions if smoking was allowed outside the property, since the lease states nothing addressing. 3. He is not evicting me but instead terminating my lease causing a huge financial burden. 4. Nobody smoked in the house, I do not have friends, clients or business associates that would disrespect me in that manner. The accusations from the landlord keeps coming, a day later I received an email not to "lock my dog in a room but instead crate him". Essentially, this man wants his house to be able to put it on the market and wants me out. What legal options do I have?
  6. The lease states and on the application I also put I am a nonsmoker. Yes my landlord appeared to be a good person, however it is completely unprofessional to terminate a lease solely because of a cigarette package left. Let's re-evaluate your living arrangement. can you live there peacefully until lease end? if not, $250 is a good offer. I can leave peacefully as I'm a professional female, with a government job and obviously when he screened me as you wrote, my credit is great, I've never had previous issues with landlords, most often renewing my lease and residing for multiple years and upon move out the past properties I've rented have had no damage, clean and my security deposits returned. Compatibility has nothing to do with the landlord-tenant relationship as long as we equally abide by the terms of the lease. While he offered me $250, it's nothing in comparison to the $3k I've paid out in the last 30 days to move in, now to turn and find another rental to pay another deposit and more fees. Additionally what is $250 when he has over a 1k of my money for the deposit. Since his behavior of terminating the lease, allowing the home to sit empty and going through the whole process again, doesn't give me the impression he won't argue there was cigarette smoking in the house to keep my deposit. What's more isn't this why there are deposits when people rent? For damages such as smoking? I believe his intentions are for other reasons then re-renting it if I move. Interestingly enough, he's lied multiple times, saying there was smoking odor in the house, the "owners" were making him terminate my lease because he is the owner. Giving me $250 is a joke when calculated the money I've given him and money it will cost to move again. Essentially I will be paying two rents simultaneously. I appreciate your comment, however that didn't answer my question of "can he terminate my lease based on a cigarette package found when the lease states the tenant is nonsmoker". I agree with you deebeekay that it's problematic to live in a situation like this down the road, however if this is a common practice for my LL to collect large amounts of money, only to terminate leases within the first month, there needs to be protection for tenants. Because I submitted bank statements and financial information, I feel he thinks I can financially afford to move, which I can but I can also afford a lawyer which sadly I believe is the route I will go. I didn't post in the original post that after viewing security footage, when he was at the home with the delivery guys, he also went into the bedrooms when I had my doors shut, so I'm unsure the reasoning behind that. Should I also disclose that to the attorney when I speak with them? So how would he prove there was smoking in the house? Is a package of cigarettes justifiable to a judge? I can smell cigarette smoke when I go into places or on other people but I've never been able to notice if I've moved into a new home and the previous tenants smoked.
  7. I signed a 12 month lease Feb 22, 2016 to include that I was a nonsmoker, which I am. This weekend my landlord had appliances delivered at my house, which he didn't confirm with me the delivery date and just showed up Saturday afternoon, which is another issue. During the 5 hours he was there, he found a cigarette package, on the table from a small gathering I had at my home the night before. I knew they were there but didn't think much about it when he was over, as I don't smoke and when I have guests over they smoke outside on the back deck. The next day (SUnday) after numerous calls, texts and emails, I finally responded to him on Monday, as I was already aggravated he just showed up Saturday ruining my afternoon since it was implied but not confirmed about him coming by..So Monday evening he comes by with a notice saying my lease is terminated and I have until April 30 to move out. The caveat to this is if I turn in my keys and move by April 30 he will pay me $250 for my "inconvenience". I just paid 3k in the last 30 days to move in, and my gut instinct is telling me he is looking for a reason to terminate the lease. New appliances, updates on the house and I saw that it was listed for sale before I relocated to this area. He put there was smell of cigarettes, which is a blatant lie, and I think he was accusing me of being a smoker. Is a cigarette pack justification to terminate my lease? There has never been smoking in the house. I am the only one who resides there, never had an overnight guest, and had only one gathering the night before with a few peope that Im sure smoked outside. I don't have the friends that would smoke in my house, as the house is beautifull and being an avid runner myself, they know I detest it. Not to mention I just lost my mother in January to lung cancer from smoking. My apologies this is so long, I'm very angry that he based his decision on this, if he is that against smoking, a clause in my lease saying not to have any smoking within 20 feet of the property would have sufficed. I had no idea I wasn't allowed to have friends who smoked. Is it legal? I really don't want to move since I just settled into the home.
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