Month to month termination

5 Replies

I've been a tenant for four years, after my first year i rolled over to month to month. Since I've been in that place its been constant issues, half *** repairs, and the worst attitude EVER . A couple of days ago i got a renewal of a lease agreement that the rent there was going up but i did not sign because i planned on giving my 30 day notice in addition to moving. During all this time the A/C completely stop working on me. She stated that she will get someone to look at it on Wednesday sept 25th and that i did not need to be home (which btw did not happen because if it did he would not have to come that following friday because the issue end up being  something outside). I did tell her that i had a really tight schedule and i was not going to be home until Friday. That Friday the guy scheduled me an appointment with no time frame stating that he did not know what time he would be able to get to me. I called her and asked her to verify a time so i wouldn't miss the app t. To make a long story short he did not show up until 7:30pm and stated that there was nothing that he could do and that he called my landlord and advised her of the findings. I did not get an update from her so i texted her asking what were the next steps on getting this fix. The conversation completely went left and she basically told me i was complaining and that it was passed business hours and stated "IF (A/C guy's name) was lucky enough to find the part i need then she would contact me. okay cool. But she has always been so nasty to me every time something goes wrong in her property that's of her responsibility. yes i kind of snap and told her i would be pursuing legal actions and further investigation of her property to ensure its inhabitable bc there is also a mice infestation I've had every year (which i also notified her about and she told me i was the one attracting them and it was apart of life, when i asked other neighbors they said they were going through the same thing too) she told me to no longer contact her via message or phone because it was considered harassment and that she was terminating my month to month lease and gave me 30 days, my rent is in good standing, but my A/C is still broken. Is that even legal?

It sounds like your landlord is a ****** landlord. However, we only have 1 side of the story, and have no idea if you are the ****** tenant. Being a ****** landlord is not illegal either. Regardless, A/C is not necessary for habitability in most jurisdictions. You do not have your state posted, so we have no way of verifying this. Assuming an A/C is not necessary for habitability, it is completely legal for the landlord to drag her feet in repairing it. Also, as a month-to-month tenant either party can end the agreement at any time, assuming proper legal notice is given. Many states this is just 30 days. Maybe 60 in others. You and landlord BOTH have the option to do so. This is a double edged sword for both of you. Sounds like you are not happy with the current arrangements. If so, your best bet is probably to find a better situation. Take a very detailed report of property condition when you leave, as many hobby landlords will try to bill outgoing tenant's security deposit unnecessarily.

Okay. i definitely will take pictures of the property after i completely clean it. Our rental agreement does state that she is permitted to fix any furnished repairs promptly that was provided by her. Even though I'm month to month and i still have 30 days remaining she can retaliate and purposely drag her feet? And this is in the state of NC

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She is (probably) under no obligation to rush to fix the A/C before you are out. Only exception I know of would be if NC required an A/C for the unit to be considered habitable. If that were the case, you are not responsible for rent until it's fixed. (I highly doubt that's the case).

What I don't get is why you stayed for 3 extra years if it sucked there? I wouldn't keep renting someplace 3 years after my lease was up if I had a non-stop mice infestation. 

Anyway, to answer your question: at this point in the season no one is going to side with you on AC. It's the first of October. Even in NC the cooling season is ending. Best thing you can do is clean up well, take good pictures and find another place to live. As a side note, if any of my tenants "snapped" and started telling me they were pursuing legal action against me, and they were month to month, they would be getting a 30 day notice to vacate the next day. I try to do right by my tenants, and as long as they show me the same respect most things can be worked out. I put up with 0% attitude or threats from any tenant. Since the LL let you remain on a month to month basis for 3 years, it doesn't sound like they were forcing you to stay there, so I don't get why you remained when the landlord and the place were so terrible. 

You're right it was conveniently in my price range until i completely finished school. Landlord or not NOBODY is going talk down on me as if I'm their child. I'm glad it was already in the plans to move within the 30 days prior to my renewal. And i believe in respecting those who respect me. Some of the things that she has said to me I've held my composure, but enough is enough! She's not cut of for this business, she's irritated about the constant fixes that she has to repair but i am not the one. I'm not any type of landlord expert or anything, but this is what happens when you continuously try to take the inexpensive route and never really fix immediate issues they pile up until you're forced to sale the buildings because of financial purposes. And if she crosses the right one they def will have the place further investigated for damaged ceilings, mold and mildew... Covering it up with paint does NOT FIX IT !