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Landlord Trying to Force Us Out - Landlord Forum thread 157476

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Landlord Trying to Force Us Out by Spot (New Mexico) on June 23, 2008 @14:50


we moved into a rental in santa fe about a month ago and the woman who showed us the place (the owners daughter) said that we could "stay as long as we liked", we both were present for that comment she made repeatedly to us, now, suddenly she tells us we have to move out by July 10th as they have the place booked for the whole month of July!! we have no written agreement with her, so we called the Santa Fe Landlord Tenant Group (505.938.8447) who informed us that in the State of New Mexico, verbal rental agreements are governed by the Uniform Owner Resident Relations Act.

According to Statute #47-8-37B the landlady failed to deliver proper 30 day written notice to terminate our month-to-month rental agreement. (We paid her for the month of June all at once so the woman at the Landlord Tenant group said that automatically makes our rental a month to month rental). According to this Statute the 30-day notice must be given in writing at the beginning of the rental cycle, i.e. the first of the month in our case. In accordance with that, assuming we receive written notice from the landlord/lady we shouldn't have to move out before July 31st at midnight.

The owner is now involved and has said "I don't care how much money I have to spend on lawyers I'll have you out by the 10th".

OUR QUESTION - Is there anything he can do to have get us out by the 10th legally? he is trying to intimidate us right now so we need to know our rights!


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Re: Landlord Trying to Force Us Out by Micah on June 23, 2008 @15:11 [ Reply ]
The question should be, can you move somewhere else easily and do you really want to honk off your landlord? If it's not a big deal to move immediately vs one month from now, I'd just move now... Legally they should give you the 30 days notice if that is what is required for your state unless it is a vacation rental. If it's a vacation rental you should be out by the end of the period of time booked. It sounds like a vacation rental to me... I'd just move somewhere more permanent with a real lease.
Re: Landlord Trying to Force Us Out by LE (GA) on June 23, 2008 @15:33 [ Reply ]
Since there is no lease, you are a month to month tenant, and unless she can provide documentation to prove otherwise, no amount of money or lawyers can change that.

If you really are a normal tenant, and it's not a vacation rental, go to her and offer to leave by the 10th if she will not charge you for July and pay all your moving expenses.

Otherwise, she has to give you 30 days (in writing), starting July 1st. If she still bullies you, stop talking to her and DO EVERYTHING IN WRITING. Write her a letter(certified with return receipt) and tell her to stop harrassing you, and if she wants you out earlier, she needs to give you proper notice according to NM law.

If she wants to blow a wad on lawyers so she can lose this case, let her. It makes me sick when tenants threaten to sue when they are in the wrong. They think Landlords are afraid of court. I keep excellent records and do everything that is required of me. So, I welcome it. The same goes for a Landlord that thinks they can say the word "sue" and everyone will just roll over for them.

Re: Landlord Trying to Force Us Out by Anonymous on June 23, 2008 @15:36 [ Reply ]
Yeah, Micah, I agree. This sounds like a vacation rental, not a residential rental. If so, this is not covered under the statute listed above (residential rental law), and the LL group mistook the unit for a regular residential unit. If it is vacation property, you have only rented it for the contract period, despite whatever the lady who showed you the units said. (Verbal contracts like that won't hold up in court.) You will need to be out at the end of your contract period since that is what you paid for. The vacation unit is already rented for the next period. No notice needs to be given to get you out of a vacation rental.
Re: Landlord Trying to Force Us Out by NY-LL on June 23, 2008 @20:30 [ Reply ]
Start packing! As a vacation rental, this property would not be governed by state LL and tenant laws. The LL could hold the occupant (not tenant) liable for loss of use of property. According to occupant, this could be as much as $200 per diem.
Re: Landlord Trying to Force Us Out by Phillip in WNY (NY) on June 25, 2008 @11:27 [ Reply ]
I agree with just about everything that has been said over the course of the last few posts, except for one thing. If the tenant can prove historically (at least a few months)that they have been paying rent at the beginning of the month, for the entire month, then I think the courts would agree that the vacation rental has been converted to a month-to-month tenancy. If they only paid June up front for the whole month and cannot prove the few months before it, than I think the termed vacation rental would stand.

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