Proper Lease Noticification

[confused1871]

What is the name of your state (only U.S. law)? OH

My one year lease is coming up March 1st although I did not take possession of apartment til 3.3.11. I was informed two weeks ago that there would be a rent increase (retaliation for a repair) that won't go into effect till Apr. Coming into March I will be on a month to month agreement. I have been avidly looking for a place and looked a place today that fits my budget/needs. I filled out the app and the property manager said she should hear back from the credit/backround report by this Friday 3/2. I aiming to move in the beginning of April. I guess where I am confused is whats on lease as start date vs when I took possession of the place to give proper notice to ensure I get my security deposit back.

 

[sandyclaus]

What is the name of your state (only U.S. law)? OH

My one year lease is coming up March 1st although I did not take possession of apartment til 3.3.11. I was informed two weeks ago that there would be a rent increase (retaliation for a repair) that won't go into effect till Apr. Coming into March I will be on a month to month agreement. I have been avidly looking for a place and looked a place today that fits my budget/needs. I filled out the app and the property manager said she should hear back from the credit/backround report by this Friday 3/2. I aiming to move in the beginning of April. I guess where I am confused is whats on lease as start date vs when I took possession of the place to give proper notice to ensure I get my security deposit back.

What does your lease say the EFFECTIVE date of your tenancy starts? That's the date to go by for your 30-day notice.

 

[confused1871]

March 1st. is what is on lease.

then I would have to present the notice to the landlord no later postmarked todays date 2/29/12? Does it matter if March has 31 days?

 

[confused1871]

Also another question with the rent increase I should have it mailed to me no later than today for it to be officially a 30 day notice? Being it wont go in effect til April. If I don't receive it in proper time frame would I then pay the old rent ? The rent increase I feel is a retaliation in a repair I needed in my unit. The people on the 1st floor have been here longer and their rent has not gone up. That isnt fair and I feel the repair is the reason behind it.
And would that change the lease around any if that increase is not to me by today?

 

[Gail in Georgia]

You have been notified of an increase in your rent two weeks ago. You can pretend you know nothing about this and play the game of paying your old rent; however, it is likely that when you move out, your landlord will simply deduct this amount from your security deposit.

It also does not matter than March has 31 days; if you are required to provide a 30 day notice then your request to terminate this month to month tenancy would need to be provided by March 1st, still one day before you hear regarding the other rental unit.

What the other folks below you pay in rent is not part of the issue here.

Gail

 

[confused1871]

Yes I was verbally told there would be a rent increase. When I asked how much it would be landlord said he would get back to me in writing. There is no rent control here in state of Ohio there he can increase it to whatever he wants. I understand LL can increase the rent to any or all tenants however I feel he is doing this based on a repair that took place back in Nov 11 - which deemed the apt unsafe and I had to go to hospital for treatment. That's why I don't think this is fair but hey life is never fair. I have read somewhere and not sure if it applies within OH laws a landlord can not increase rent if a repair was made within last 6 months - which I would fall into and if it does apply to laws here.

None the less I do understand I have until today to get the notice to LL if I am approved for new apt if not then I am looking at a May 1st move out and if the rent increase notice is not to me today I prepare to pay the old rent come Apr 3rd.

 

[confused1871]

Notice to Enter and show apt

My lease will be up end of month in which I provided my landlord his notice. My landlord sent me an email last week stating that his representative would be showing the apt on such and such days and the rep and I should talk and she what days would work out best for use both. I called the rep earlier tonight and was planning to give him my availability and he said he has someone coming tomorrow to look at the place. My issue is this if I had never called him to talk about the days that would work for me I would never known that there would be ppl in my apt I would have liked some notice and to be present (Usually have Wed off) when they do the walk-thru. The rep said well this is your 24hr notice. I called him...I do not want to interfere with the landlord in terms of finding new tenants but at same time there should be better communication from his rep. I don't want my landlord to say well you didnt let us into apt so we are keeping the sec deposit over a communication error - because had I know I could have rearranged my schedule to work during early morning to be home for the showing.

My questions are this does that even count as notice from the rep and can the LL keep my sec dep because well he could use excuse of missing out of potential tenant?

 

[Gail in Georgia]

Yes, this counts as notice and no, the landlord cannot keep your security deposit over this matter.

Gail

 

[confused1871]

Well thank you for clarifying that. As i said I want to work with LL/rep to do what they need to do just needs to be better communication.

 

[confused1871]

Another issue I have is a repair that has not been taking care of w/the stove.

Two weeks ago there was a smell of gas throughout my apt. I had the FD out and they said everything is ok. Few days later and still smelling that faint gas/sulfur-ish and had gas comany out they looked the stove over and again said all is ok what concerns me is the right burner is burning a yellowish glow and the top of the range is extremely hot and when i lifted up the stove top i saw it was melting the paint which could be contributing to whatever i am smelling....here is a link to show what i mean - mine looks like C

Appliance411 FAQ: What should my gas range's flames look like?

I have forwarded my concerns and that link to my landlord and his response was use the other burner. I called a few repair places and they say it could be a bad ignitor on the burner and to discontinue using the stove until a trained tech can look at it. The landlord should not let this go just because I am leaving and especially when I had a carbon monoxide leak in my apt last Nov reason from a wall furnace in my unit. I am moving this place is UNSAFE..also another unsafe issue is double cylinder locks on all entry doors into building which you need a key to get out of....that is a code violation...the stove on other hand isnt. I just cant afford to keep eating out everyday because I am scared of the stove - just like the furnace very old and out dated...what can i do with that. I stopped using the stove on 2.22.12. I can't put rent in escrow as i will be out on 4.1. None the less I paid my rent and should have all burners on stove working not half.

 

[Gail in Georgia]

Well, you could call Code Enforcement regarding these issues; however, it's unlikely much will be accomplished until your lease has ended and you have moved out.

If you don't have the odor when using the other burner, then use that one. Also seems less expensive for you to purchase a small microwave oven to heat items if you believe you cannot use the stove at all (as opposed to eating out all the time).

Gail

 

[Stephen1]

March 1st. is what is on lease.

then I would have to present the notice to the landlord no later postmarked todays date 2/29/12? Does it matter if March has 31 days?

It doesn't matter what the postmarked date is. What matters is what date the landlord received the notice.

 

[confused1871]

Still a problem with the stove and as I said calling various appliance repair shops I was advised not to you it. The code dept can not do anything as its between the landlord & I

The landlord is well aware of this situation. He is not responding to calls/emails in which I request a read receipt.

Landlord's maintenance man came out Sat to look at "only" because it was day to show the place. He agrees something wasn't right and will call the appliance repair people.

Meantime due to health reasons I do need to be able to eat. I can get away not using the stove for breakfast or lunches. However dinner is a different story. I also can not use the microwave for dinner meals. My question is can I request to be reimbursed for my dinner meals being this stove is not functioning properly?

 

[Gail in Georgia]

" My question is can I request to be reimbursed for my dinner meals being this stove is not functioning properly? "

Yes; you can request. There is no guarantee that your landlord/management will honor your request and, indeed, since you will very soon be moving out they would likely have even less incentive to do so.

Gail

 

[Searchertwin]

Still a problem with the stove and as I said calling various appliance repair shops I was advised not to you it. The code dept can not do anything as its between the landlord & I

The landlord is well aware of this situation. He is not responding to calls/emails in which I request a read receipt.

If the stove has a working burner, than the LL will state it still is a workable item. That is why code cannot do anything about it.
LL has NO obligation to show you a read receipt, whatever that is. Please explain that to me.

Landlord's maintenance man came out Sat to look at "only" because it was day to show the place.

If maintenance man came to only "look" at if for a showing, how would that make a difference? Is his "look" have something magical about it?

He agrees something wasn't right and will call the appliance repair people.

Stop complaining. The matter is being looked into.

Meantime due to health reasons I do need to be able to eat.

So does everyone else.

I can get away not using the stove for breakfast or lunches. However dinner is a different story. I also can not use the microwave for dinner meals.

Yes, you can. You just want to be difficult. Buy a grill. Buy a BBQ pit.

My question is can I request to be reimbursed for my dinner meals being this stove is not functioning properly?

You can request anything that you desire. Will it be granted? NO. Why? Because other burners are workable and I assume the oven is working, because you are not complaining about that.

I believe you are concern about the sec dep. You have to remember that the sec dep is also used for damages to the place caused by you.