I have been renting monthly but was told I could rent biweekly, can my landlord make me pay the whole month?

Question

I am renting a home right now, our lease ended june 30, 2008. However, the owners were putting it up for sale and told us we could rent month to month until they sold it. They are not selling it but want to raise the rent to a price higher than we want to pay so we have decided to move. Last month (July) they told us we could pay rent weekly as we were probably going to be leaving soon. However we ended up staying the through the end of July and so paid another 750 (half of our rent) for the first two weeks in August. We gave a thirty days notice in june, and another one on july 16, 2008. Now they are telling us we owe them the rent for all of August even though we will only be here two weeks!! Can a landlord change the rent like that? I have a voicemail she left on my phone today saying they couldnt do bi-weekly anymore (but admitting that they had let us in July) I dont think its legal for them to switch like that, especially without telling us until today. I just am trying to find someone with some legal knowledge that can tell me what they think!! Thanks!

(I live in Utah if that matters)

Answer 1

First, since you are on month by month, yes, they can raise the rent to anything they want.

Now, do you have ANYTHING in writing that states that they would accept bi-weekly? IF so, you can get out of the whole month and only pay 2 weeks (they can not change a written contract, verbally, it has to be in writing). BUT if you don't have it in writing then you will have to pay the whole month. IF you have to pay for the whole month, make sure you put on the check what month its for and that it is rent "in full".

Don't you hate cheezy landlords?  

Answer 2

the problem is your lease ended and you went into a verbal agreement that changed several times and nothing in writing, not good. however there is help, persons renting have almost if not all the same rights as person renting in an apt. bldg. you need to visit in person a houseing authority and get the landlord teneat booklet which covers this. it's also possible that he/she does not know what they can and can not due, so get this and u should b ok.  

Answer 3

If you gave 30 days notice you only have to pay for the amount of time that you will be there. Your lease expired so you don't have one. There is only a verbal agreement that you could pay bi weekly.  I don't think they have a foot to stand on legally. They can't make you pay for time you won't be there if you have given them sufficient notice that you will be leaving. I believe she has to give you written notice and at least 30 days if shes going to raise the rent, and certainly it isn't legal for her to say "i know your leaving in 30 days but you need to pay me for 45"  I'd just tell her here is the rent until august 15 we will be out by then.  She can try to take you to court but i doubt she will.

Answer 4

If you gave a 30 day notice and paid to the date you should be fine. (just make sure you move on that date). They possibly made the deal with you thinking you were leavong soon, but did not realize you would be staying another 6 weeks. The only thing they can do is take you to small claims court after you move, but just make sure everything is documented. (also make sure they have your fowarding address within 4 days after moving, this is to protect your security deposit). Laws vary state to state so try www.findlaw.com this has laws by state.

Answer 5

any changes have to be in writing and you are entitled to 30 days notice.  

Answer 6

Interesting situation.  Not only does it matter what state you are in but also the municipality.  The two cities in our area have different ordinances, where one greatly favors the tenant and the other not as much.

I am not a lawyer and this is not expert advice, but you had a verbal contract to go bi-weekly and it cannot be unilaterally changed by one party, unless there was an escape clause such as "let's try it for a month" in which case a new contract must be negotiated.  However if it goes to court it may be hard to prove you had a verbal contract in the first place.

Read your lease.  Some leases say that unless notice is given it is automatically renewed, others say the lease will go month to month.  The reason I bring this up is if it goes to court your landlord could say they never agreed to accept bi-weekly past July (or at all) and would use the lease to prove there side.

Understand what you are getting into.  If you refuse to pay and your landlord takes you to court and wins, you will have a judgement against you which may cause problems attaining credit, a lease with a new landlord or even employment.

If you pay and take him to court to get your money back, the worse that can happen is you lose and don't get your money back.  Either way your landlord may have a lawyer, in which case you would be out classed if you represent yourself and then you get into lawyers fees if you don't.

It is best to work this out if you can.  Remind your landlord that you were a good tenant.  You paid on time, you called about major problems (landlords actually like people who do) and did not harassas him with small stuff.  And let him know that you want to be able to recommend him to your friends that are looking for a place to live.  Landlords would rather take a referal as a tenant then a walk in.

Answer 7

Your 30 day notice to leave the premises on July 16th controls... meaning you must pay up until 30 days after July 16th, which you said you already did, which is August 15th and be prepared to leave.

Otherwise, if you plan to stay beyond August 15th, you and your landlord are creating a new agreement and YES, she can change the terms of payment.