Didn't read lease agreement carefully ...?

Question

my initial lease expired 6/30, so in mid-June, I asked landlord if I could stay for another month - July, was told that is fine but I need to pay $350 + utilities. initial lease pay $400 a month including utilities. I said ok. now the landlord wanted me to leave early, and said she did me a favor allowing me to stay blabla, but I can't leave early. she said I should keep my words, she even made another contract to let me sign in mid-July(make no sense), but I ddin't sign because some term makes no sense. then I read my initial lease again carefully, and found after the initial lease expires, I can go month by month with the same term and condition as the initial lease, which means i should only pay $400 and no utilities. but I already paid $350 for July, the landlord insisted my paying for the utilities. and she still holds my $400 deposit. she insisted that the only condition for me to stay in July is 1) pay $350 + utilities 2) leave early. what should I do? thanks a lot

Answer 1

This is a misunderstanding.  Talk to your LL and clarify about the old lease that automatically become a month to month. Usually after a term lease expired, the LL can change the term of tenancy with a 30 day notice. It sounds like she only give you a verbal notice which is invalid in court.  She has the right to ask you to sign a new lease after the old one expired and if you're not agree with it, you move.  

If you're moving at end of July anyway, just pay $350 + utilities for one month won't hurt too much to your wallet. Better than bring the case to court, it's waste time and $$ and not sure you gonna win or not.

Answer 2

Take her to small claims court.  It will cost you  some to file but it looks like an open and shut case.  The judge may reward you back your filing fee in addition to money that is owed you.  Don't let her get away with this.

Answer 3

I wouldn't worry about her asking you to leave early.  It sounds like you already told her you wold be out by the end of July - so you have given her 30 days notice as required on a month to month lease. You have done what you need to do, and she is in the wrong.

If she wanted you to leave before you wer ready - she has to file an eviction, which takes months to complete and you will be out by then anyway.

If she tries to keep your deposit - just take her to court - she has no grounds to keep it and the court will probably make her pay you back for your court costs as well.