Rental Agreements

[David Lay]

Hi all,

My landlord is giving me a hard time about rent. He told me via voicemail today that he is raising the rent since my fiancee is "living" here with me (she is not, she only stays here while she is home from med school, and she is gone during the day).

When I originally moved here, I moved in with my girlfriend at the time. We split up, and she moved out. However, a new lease was not signed. Should I be receiving a credit, since I was technically paying for two people living here?

Thanks in advance.

[Jennie Gerres]

(she is not, she only stays here while she is home from med school, and she is gone during the day).

To clarify, I visit in the evenings after David comes home from work. My legal residence (according to my brand new financial aid confirmation papers I just received) is my childhood home in North Ridgeville--I have all my stuff there and I receive all my mail there. If I didn't live in NR, I wouldn't have had paid that $1.50 to the United States post office to forward my mail for the summer from Des Moines to North Ridgeville. I have the mileage and lack of gas in the gas tank to prove it.

Jennie

[DougHuntingdon]

Since it appears you went through your first lease, which was probably for a year, I believe your landlord can raise your rent. Whether or not a landlord could increase rent during the MIDDLE of a lease because of one person being added to the one person already there seems to vary by jurisdiction, from what I read on the internet...not sure about Lakewood. However, you actually started with two people at the beginning of your lease, anyway.

Your landlord may think your fiance "lives" there just because he saw her car there a couple different evenings. Unless he camps out all night, how does he know?

Your "credit" argument is a good one to bring up for discussion, but I wouldn't plan on getting the money. You, of course, are free to move. Even if you don't want to move, you can make the landlord think you will move at the drop of a hat if things are not worked out. The only way to get some landlords to do anything is to make them squirm. For most landlords, it is not that easy finding new tenants, especially ones that are good tenants like you probably are. One time I had a slumlord in another area who was not behaving. I didn't make too big of a stink right away. I waited for him to finance a new and very expensive car, right after he just came back from a relatively extravagant vacation ($$$$$). Then, I had a much stronger negotiation position. It didn't take too much for him to start behaving. He could not make both his car and mortgage payment if I left, unless he got another legitimate renter soon.

Disclaimer: I am not an attorney.

Doug

Renting is not a crime.

PS Here is some other info from Cleveland: http://clevelandtenants.org/info.html

[David Lay]

While I have gotten behind on rent, I have kept him apprised as to what's been going on, and I have been making an effort to catch up, including working 2 jobs at the moment.

Thanks for the advice, Doug.

[Kenneth Warren]

David:

I know you dig the Madison vibe, but I suggest you find several better deals elsewhere, which should not be too difficult given the oversupply in Lakewood.

Have these in hand when you talk to your landlord. Deal from strength and tell him you'll walk.

If things go sour and you can't get anywhere, say you are an ideal tenant and puzzled to know if he is trying to push you out in order to milk more rent from the property with desperado tenants or a Section 8 income stream, because his rationale in losing a tenant like you, does not make business sense in today's Lakewood market.

Good luck.

Kenneth Warren

[David Lay]

While I don't think being problematic with rent payment would qualify me as an 'ideal' tenant, I am a quiet one; I don't throw loud parties like some of my neighbors, and generally keep to myself. That said, I do believe some of my tenant rights are being violated:

- Landlord contacting me late at night (he is known to call me at 10-11pm and knock at my door at those hours)

- Raising rents without proper 30-day notice. When my ex & I split up, she moved in with the neighbor downstairs; I highly doubt he raised that neighbor's rent.

Thanks for the advice, Ken. You've never steered me wrong!

[dl meckes]

David-

Are you concerned about security deposits, repairs,
Eviction or leases?

Rental Rights Information
For landlords and tenants in Lakewood, Ohio 44107
Every Wednesday
5:30 pm to 7:30 pm
Lakewood Christian Service Center
1412 Marlowe
Individual Consultation
• Face-to-face
• Close to Home
For more information, call (216) 432-0609

Services to Lakewood Residents are provided by a grant from the City of Lakewood, Department of Planning and Development

[Ivor Karabatkovic]

Wait, you started off with a rate for two persons, split up and lived single while still paying for two persons, and then now you're back with a second person who doesn't even live in the appartment and he raises your rate?

that doesn't make sense. I don't see the logic behind raising the rate.

[Ivor Karabatkovic]

But I'll warn you ahead of time that these landlords aren't the easiest people to convince. I remember renting a double when we first moved here, and throwing a $500 check at the owner of the double to cover any of the damages. He called us and said that we didn't have any damages, and the contract said we'd get the $500 back.

Never got the money back, and he eventually sold the house and wasn't heard from again. The double is in much better condition now, the new owner put up new siding and paint and that's just on the outside.

pick your battle!

[Dee Martinez]

I want to be gentle about ths, but you may want to think carefully about how legalistic you want to get with a landlord you are behind on your rent with. The property owner has some rights also, first among them is the right to be paid.
Beyond that remember that a lease is a contract which provides protection for both of you. Protection to your landlord in that you legally promise to pay the rent for a specified period of time and protection to you in that he can't change the rent.
Without a lease you both are pretty much free to do whatever you want with only the bare minimum of legal protection.

[David Anderson]

Good points, Dee.

Also, it is legal to have stated in the initial lease that a landlord reserves the right to increase rent by 10% if the initial multi-month lease agreement has been replaced by one that is month-to-month.

[Jim O'Bryan]

Dee

I have found that most leases benefit the renter more than the landlord.

That said if the contract calls for rent to be paid monthly and it is not, that could be seen as a voided contract.

I use a rental agreement that spells out it is month to month. They stay because they want to, and because I want them to.

While it seems risky, it is not. All you have to do is make sure the place is clean, kept up and competitive on the market.

No one really likes to move.


FWIW


.