yep, that's a gun to our heads.

[douxquemiel.livejournal.com]

Tis the season, I suppose.

We're having some issues with our landlord, and I was trying to find an answer amid the already numerous posts in davis_square about this, but I'm twisting myself into knots.

Our lease is up September 1. Our landlord claims it takes two months to show and rent out our apartment, and would like to start doing so immediately (as in, tonight). Our lease is the standard lease, and it says we need to give 30 days notice if we intend to move.

"Lease Renewal and/or Vacating Notice:
Upon the expiration of said Lease term, either party hereto may notify the other of their intent to renew. Unless the Lessee gives the Lessor a 30 day written vacating notice, it is assumed that this Lease shall become a month to month Lease. Failure by the Lessee to provide the Lessor with a 30 day written notice will result in the Lessee being assessed 30 days rent in lieu of notice, and may be deducted from the Lessee's deposit if payment is not made upon notification. During the final 30 days of Lease term, Lessor may enter and show premises to any prospective Lesses at any reasonable hour of the day after making an effort to give advance notice."

As of right now, we're 62 days away from the end of the lease. The lease states we have to give notice by 30 days. Right now he's saying he needs to start showing the apartment, and we are "more than welcome to stay for next year if you sign before someone else takes it.", i.e., if someone else sees it and likes it tomorrow, they'll sign the lease and that's just tough for us, because we couldn't make up our minds (earlier than expected). Can he do this?

EDIT: HOLY MACKEREL. Thanks, y'all! I appreciate all your input. I think the final verdict was that yes, he could enter the apartment to show it, but we still had the right of first refusal, which he was implying he wasn't giving us.

BUT. My boyfriend and I discussed it and we decided to stay, so the entire point is moot. Thanks for all your advice, and I hope this post might one day be of help to someone else tiptoing through the land mine of housing contracts. Blecch.

Comments

[unferth.livejournal.com]

Unpaid rent a tenant legitimately owes is a legal use of a security deposit, for what it's worth.

MGL Chapter 186 section 15b, paragraph 4 (http://www.mass.gov/legis/laws/mgl/186-15b.htm):

[T]he lessor may deduct from such security deposit for the following:

(i) any unpaid rent or water charges which have not been validly withheld or deducted pursuant to any general or special law

Not that that changes the general advice to be aware of your rights as a tenant, and the frequency with which illegal clauses make it into theoretically 'standard' leases.

[ringrose.livejournal.com]

Yes. But it sounds to me like the security deposit is being used for the unpaid rent for the month _after_ the lease ends, in the event that they don't say they are leaving. I'm not a lawyer either, but that same section of MGL says you return the deposit at the end of the lease. At the end of the lease, your rent for the next month isn't yet due. I think.
Except that this lease tries to say it is.

I mean, the clause is _really_ trying to say "If you don't tell me you're leaving 30 days before the end of the lease I get to assume you are staying another month and charge you rent accordingly." And it's a perfectly reasonable thing to say. In a world of trying to be reasonable people, we shouldn't actually care about the legality of this perfectly sensible thing. It converts to a TAW which also requires 30 days notice anyway.


The whole problem is really that the landlord wants 60 days, not 30. And in the end you're going to have to give him close to that 60 days notice if you don't want the potential of a note saying he doesn't elect to renew your lease. He has the upper hand; when it comes down to it this is owned by him.

[unferth.livejournal.com]

I think the extra month's rent would in fact be due if the tenant makes no statement either way and just moves out.

The lease says it auto-extends as a month to month lease if the tenant doesn't give the landlord at least 30 days notice. So signing that and then not giving written notice is agreeing to an extra month of the lease, which you're legitimately liable for if you don't give proper notice. If August 2 rolls around and the tenant hasn't given notice to end the lease August 31, and the landlord hasn't given notice either, the tenant has already agreed by signing the original lease to keep it in effect for September. And if they move out August 31, the landlord is legitimately entitled to collect that September rent.

Although the 'in lieu of notice' bit is weird, and depending on how exactly the landlord tried to apply it could be illegal. They certainly can't, say, keep your security deposit as unpaid rent if you give notice on Sept. 16th that you're ending your tenancy Sept. 30th, then rerent the apartment to someone else starting Oct. 1. November 1, yes, but claiming the rent keeps your tenancy in force for the full period.