Lease is up, landlord could not be contacted to renew

Lease is up, landlord could not be contacted to renew

Twin Lakes, WI · Member since 2016 · 6 posts · 0 votes

So my lease was up  at the end of October. I tried to contact my landlord for about a week to speak to him about renewing my lease, but never got an answer or call back. I went ahead and paid a month of rent for November, and then got a call from the son of the landlord in the first week of December. The landlord is in the hospital, and now his wife is in main control. I told the son that I wanted to renew my lease, and he was okay with that. He told me he would call me again so we could meet in a few days to sign the new lease. He never called me back, and never responded to my phone calls for the next two weeks. I called the office a couple times to have the wife call me, but the son called me instead. Now, he's telling me that he does not want to run out to me because I am so behind on rent. I told him I was not going to keep paying you rent without a proper lease, and that was why I hadn't paid December. He does not care, and wants to evict me. As of right now, I'm still trying to contact the wife as she is in main control. 

There have been problems with the landlord since I moved in here. My roof leaked for 2 months in one room and when he finally sent someone out to fix it, they simply put up new drywall, and never even bothered to completely finish the ceiling. I'm also positive they never did any type of mold treatment or removal, let alone even put in new insulation. Because of that, my 1 year old son has slept with me in my room since day one. There are window panes missing, windows missing locks, and a front door that doesn't even latch at the handle. The only thing I ever made a big stink about was the roof. I merely mentioned the other things a couple times and the landlord never bothered to fix those. 

With all that has happened, do I have to worry about being evicted? Or can I take pictures of things such as my unfinished ceiling, and use it as evidence in court? I'm aware they may not have to renew my lease of course, but at this poimt I am just trying to keep a roof over my family's head. We are in no condition to start a new lease somewhere else where we need to pay the first month's rent with the security deposit, especially because I'm sure the security deposit for my current place will most likely be withheld from me. Which begs the question, if this whole process is dragged out for a couple months, and I will not be paying rent as I do not have a lease, will they still have to give me my security deposit back? I'm especially worried about this because my landlord is a terrible landlord, and his son strikes me as the type of person who will withhold information and make false accusations in order to have my family removed. My landlord owns a law office, which according to everything I found online is the worst law office ever. I have found nothing but absolutely negative reviews about him and his conduct in his court cases.

So my important questions are:

Can I be evicted? How can I fight this? Am I required to keep paying rent without a current lease? What are my grounds on staying, and what are the details I am going to need should this be taken to court?

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Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
9y

So you don't actually mind living in the rental house with the repair issues you've complained about as long as you can do so rent free, correct?

Can a landlord (or their representative) file for an eviction against you due to failure to pay rent?   Yes.

Your own lease has a clause that states your lease rolls over to a month to month tenancy if no other agreement are made.  Thus you HAVE a "proper" lease in place.  There is NO legal justification for you NOT to pay December rent (plus any late fees if these are also included).

If moving is not an option then don't put yourself in the position where you face an eviction.  Pay your rent.

Gail

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  • Developer · Philadelphia, PA · Member since 2015 · 2k+ posts · 904 votes
    9y
    Renny Deckert what does your current lease say about expiration? Most leases have an automatic renewal to month to month or some clause like that.
  • Twin Lakes, WI · Member since 2016 · 6 posts · 0 votes
    9y

    There is a clause that states it will roll over to a month-to-month if no other agreements are made and if the landlord has accepted a rent payment beyond the end of the lease.

  • Contractor · Glen Cove, NY · Member since 2016 · 209 posts · 89 votes
    9y

    It sounds like the landlord or the family wants you to leave. You should retain an attorney in your area who understands the local real estate laws. Do you want to live in a hostile environment? You can always ignore the indications, however it does not benefit you in the long run. Eventually you will have to find a less hostile environment. Use your time wisely. An attorney can negotiate a  more beneficial lease or have time extended. they may have your moving costs covered just to get you out. IMHO

  • Twin Lakes, WI · Member since 2016 · 6 posts · 0 votes
    9y

    They do, with no reason for it. It makes no sense because I know for a fact that the residence was unoccupied for almost 2 years, probably because it's a very very small house and property. I'd rather not live in a hostile environment, but I'd also like to keep a roof over my family's heads. Moving is not an option at this time because I cannot afford it. That being the case, an attorney is way out of the question unfortunately. If I can handle this without one, I will.

  • Augusta, GA · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    So you don't actually mind living in the rental house with the repair issues you've complained about as long as you can do so rent free, correct?

    Can a landlord (or their representative) file for an eviction against you due to failure to pay rent?   Yes.

    Your own lease has a clause that states your lease rolls over to a month to month tenancy if no other agreement are made.  Thus you HAVE a "proper" lease in place.  There is NO legal justification for you NOT to pay December rent (plus any late fees if these are also included).

    If moving is not an option then don't put yourself in the position where you face an eviction.  Pay your rent.

    Gail

  • Twin Lakes, WI · Member since 2016 · 6 posts · 0 votes
    9y

    At this moment, yes. If living here with repair issues that aren't being taken care of gives me an advantage, yes. But am I required to pay my monthly rent if there are repairs that need to be made that are being ignored? I now realize I missed that part in the lease agreement, so I am now aware I'm currently on a valid lease.

  • Investor · Philadelphia, PA · Member since 2015 · 3k+ posts · 3k+ votes
    9y
    If things are so terrible/dangerous Why would you want to stay and renew?
  • Twin Lakes, WI · Member since 2016 · 6 posts · 0 votes
    9y

    Wow. Time to reiterate. I never said the word "dangerous". I DO NOT have the funds to move my family. I am simply trying to seek options that involve being able to stay longer without facing actual eviction.

  • Member since 2016 · 143 posts · 157 votes
    9y

    By not paying December rent because you wanted a new lease you are in violation of the lease and yes the landlord can start the eviction process. And Wisconsin has no law prohibiting winter time evictions.

  • Twin Lakes, WI · Member since 2016 · 6 posts · 0 votes
    9y

    I didn't not pay December because I wanted a new lease, I didn't pay December for two reasons. One, because I didn't know what was going on with the new lease because they failed to return my calls. Two, I can't pay rent if nobody picks up the phone. I'm not sending a money order or check to someone who may not even be in existence anymore. Point is, nobody bothered to pick up the phone or return my calls, leaving me wondering whether or not the landlord was even alive. As I said, he has been in the hospital which is why nobody was answering me back. So how is it my fault that rent wasn't paid yet?

  • Portland, ME · Member since 2012 · 616 posts · 550 votes
    9y

    Even if the landlord is dead you must still pay rent.  It will go to his estate and be used to pay bills such as property taxes, mortgage, etc.  Keep copies of the canceled checks as proof of payment.  Make small, inexpensive repairs yourself.  The man might be dying at Christmastime and you don't want to move anyway, so be kind.  Merry Christmas.

  • Michele FischerPro Member
    Rental Property Investor · Seattle, WA · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    If you want to avoid eviction you need to get your rent current or give up possession.  You need to work something out if you want to stay.  Apologize for not understanding the lease, pay, and start saving for a new deposit so you can move.  Try sending a letter to where you normally send rent  explaining your desire to stay and misunderstanding with the lease renewal.  Both sides need to give proper notice to end the lease, so if you keep paying they have to give you notice. If they accept your payment (cash the check), they can't ask/get you to leave without proper notice.  Keep sending it as you always did.  At this point to not make any demands of repairs, it will seem retaliatory and will make them want to press the issue to get a new tenant.  If you can't afford to move because your current rent is below market, that explains the lower attention to keeping the place ship shape.  When you have the funds to move, give proper notice per your lease.  Interview new prospective tenants to ensure they align better to your needs and expectations.  Good luck, this seems like a stressful situation for tenant and landlord.

  • Member since 2016 · 13k+ posts · 12k+ votes
    9y

    You have no valid excuses to not pay rent, ignorance of the law/lease is not justification nor is the fact that the landlord may or may not be dead. Your only responsibility in order to retain the unit is to continue to send your rent check to the same place every month on time.

    If you do not wish to be evicted send the rent check for December asap. With holding rent, assuming you wish to stay in the unit, is in violation of your lease and you will be evicted. 

    None of the "excuses" you have stated change anything. If you do not like the conditions of the unit move, if you can not afford to move or choose not to move pay the rent. Pick one. 

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