No lease eviction? what are my rights?

[5even]

Minnesota
With the arrival of the new property manager (as hired by the new (bank) trustee) there came a new team. I am currently the caretaker there. the relationship between myself and the new management went great. However, shortly after and to this day, all communication stopped - this was about 6months ago. They are implementing an annual lease now (mostly to flush out the smokers to make it a non-smoking building), however, me and the onsite manager are exempt from the lease. But now with the work almost stopped, as expected as I am sure he is having his new "go-to team" handle it, and all calls now are redirected from me to him(new property manager), it is pretty obvious that I am being replaced. Which is fine.

Since there is no lease, can they up and give me a 30 day for no reason? I have been there almost 10yrs, worked there these last 5yrs. I have many friends there in the building. it is my home, and my main job is close by. Or is this just the benefits of the apartment life, and they can have people move at their discretion?

Currently there has been 9 move outs in one month. I have never seen that happen - the most I've seen was 3 at one time and that was years ago.

-Regards

ps
There will be a few post from me for awhile with this new management take over. Some are my concerns, others are tenants seeking advise, asking me to find out what options they have.

 

[Zigner]

Minnesota
With the arrival of the new property manager (as hired by the new (bank) trustee) there came a new team. I am currently the caretaker there. the relationship between myself and the new management went great. However, shortly after and to this day, all communication stopped - this was about 6months ago. They are implementing an annual lease now (mostly to flush out the smokers to make it a non-smoking building), however, me and the onsite manager are exempt from the lease. But now with the work almost stopped, as expected as I am sure he is having his new "go-to team" handle it, and all calls now are redirected from me to him(new property manager), it is pretty obvious that I am being replaced. Which is fine.

Since there is no lease, can they up and give me a 30 day for no reason? I have been there almost 10yrs, worked there these last 5yrs. I have many friends there in the building. it is my home, and my main job is close by. Or is this just the benefits of the apartment life, and they can have people move at their discretion?

Currently there has been 9 move outs in one month. I have never seen that happen - the most I've seen was 3 at one time and that was years ago.

-Regards

Yes, they can terminate your tenancy with the proper notice.

ps
There will be a few post from me for awhile with this new management take over. Some are my concerns, others are tenants seeking advise, asking me to find out what options they have.

If you have further questions, please feel free to post them. If others have questions, please ask them to log on with their own account and ask their own questions.

 

[FarmerJ]

Now that you are just a regular tenant (month to month) if they want you to move out they must give you a whole rental period of notice, If they want to increase your rent, they must give you a whole rental period of notice, If they want to change your unit to non smoking they must give to you a whole rental period of notice. If they want you to sign a lease they can have you sign one and your free to sign it early but if its got some serious changes that you don't care for they still cant impose those so called new rules on you for one rental period Which means same to you , if you want to move out at the end of October you must have your written notice to them ( and you might as well make it certified mail too) so they actually have it no later than September 30.

 

[5even]

Now that you are just a regular tenant (month to month) if they want you to move out they must give you a whole rental period of notice, If they want to increase your rent, they must give you a whole rental period of notice, If they want to change your unit to non smoking they must give to you a whole rental period of notice. If they want you to sign a lease they can have you sign one and your free to sign it early but if its got some serious changes that you don't care for they still cant impose those so called new rules on you for one rental period Which means same to you , if you want to move out at the end of October you must have your written notice to them ( and you might as well make it certified mail too) so they actually have it no later than September 30.

Hi Zigner and Farmer
Thank you for your fast reply

We have been there for over 10yrs. Non-lease building. The new management wanted a non smoking building, so creating an annual lease was the way to go, with the no smoking in the lease - this prompted a pretty heavy migration of tenants, about 15% moved out instantly. However, as mentioned, I was never assigned a lease, and I do not pay rent (well it is taken out of my check from them as part of the agreement as caretaker). I am a little concerned at the "method" and "reason" why they can simply evict someone for a "Just because - here is your 30day notice" Its my home, and I like where I am at, and I do not disturb anyone - there is no tenant protection for that? I do not have the money to move, let alone expenses that are involved as such, nor can I get any in that short period of time. This is a major concern for many of the remaining tenants. All of us at the moment are grandfathered in the current rent (which is approx 60% of competition), many here would be homeless if it went a penny higher.

Is this just another "welcome to the apartment life"?

Thanks again!!

 

[FarmerJ]

It is unfortunate for tenants who stay on in buildings where the rent is quite cheap and then some time later the building (s) are sold. For tenants who do not have fixed term longer term leases like a whole year at a time this can be a problem but if a landlord acts in a way that fits retaliation in our state a tenant can fight it and don't forget the more common LL tool for those who do have fixed term /longer term leases - non renewal when a landlord wants to get someone out of a unit. Last thing again, in our state 30 day notice doesn't work its WHOLE rental period.( to give proper notice today for a month to month renter telling someone to get out the notice would have to arrive on or before 9-30 and tell them to be vacated by the last day of October, if a landlord misses the deadline then boo hoo for them they have to re do it)

 

[Gail in Georgia]

Here is some specific information from the Minnesota Attorney General regarding ending what is known as Periodic Tenancies in that state:

For Periodic Tenancies

If there is no provision in the lease stating how much advance notice must be given to end the tenancy, the law provides that written notice must be received by the other party at least one full rental period before the last day of the tenancy. This means the day before the last rent payment is due.(132)

For example, if a tenant who pays rent on the first day of each month (in a month-to-month periodic tenancy) wishes to leave at the end of June, the tenant must inform the landlord in writing on or before May 31. This is because May 31 is one day before the June rental period begins. No matter when during June the tenant actually leaves, the tenant is responsible for the entire month’s rent. If the tenant or landlord misses the proper notice deadline—even by a day—the notice is void (no good) and the tenancy continues as if no notice was given.

The effective date of the notice is the date it is received. If the notice is mailed May 31, it will not be received by the other party until at least June 1 and will be ineffective to end the tenancy by June 30. The proper notice provision also applies to the landlord. If the landlord wants to end the tenancy, he or she must give the tenant advance written notice the day before that last rental period begins. If the landlord misses the deadline, the notice is defective and the tenancy is automatically extended for another month. The landlord must provide the tenant a second proper, written notice to vacate the rental property at least one day before the last rental period begins.(133)


I've written this before and I will write it again. Periodic tenancies...also known as month to month leases, a tenancy at will (etc.) are great if a tenant needs to terminate a lease quickly. For example, a student who may change schools or someone whose employment may transfer or change. But these are lousy leases for someone who wishes to have a more secure living environment then a longer lease is the way to go. It would appear that many of the tenants now have that option. I'd suggest those who wish to remain in this unit sign the year lease. Doing so will then provide them rental security regarding this matter.

In addition, it is important to understand that tenants who receive this notice are ARE NOT being evicted. A landlord cannot evict anyone. Only a court can grant an actual eviction. The landlord/management is TERMINATING the periodic tenancy with (hopefully) the appropriate written notice. There is a difference between terminating a tenancy and evicting someone. IF the tenants who receive the appropriate notice do not respond as required within the 30 day time period they then can be expected to receive notice that management HAS filed for an eviction through the court system due them now being what is known as a "holdover" for failing to vacate the rental unit within the required time period.

An eviction would remain on their credit history often making it more difficult for them to find new rental property (I just turned down a young couple for one of my houses who lied on their application, stating they had no history of evictions; a check of our local law enforcement office that handles notices shows an eviction for the young man in 2013; they were disqualified both for the lying and the history of an eviction).

Gail