I'm getting my lease not renewed (effectively "kicked out" but not evicted).

So, I used to smoke. This was a smoking building. I used to smoke indoors, as I was allowed to do according to my lease agreement. There is an office on the ground floor, and the receptionist used to smoke behind the desk there--this becomes important later. I quit in April of 2007.

Around that time a very not nice neighbor who complained about EVERYTHING moved in on the ground floor (it's a 200 year old townhouse converted to one apartment per floor--I'm on the 4th). He wouldn't let the mailman leave our mail where he used to because he didn't like how it looked, he even called the City to cut people's bikes off of trees and signs and stuff when they would dare to park them not only in front of our building but on our ENTIRE BLOCK. He also started complaining non-stop about the smoking from the office on the ground floor (right next to his apartment). WHY he ever signed a lease in a smoking building right next to a woman who openly smokes in her office (obvious from the moment you step in the door) I will NEVER KNOW.

I fell off the non-smoking wagon in about January of 2008. Apparently he figured that out because he started complaining about me too. In about March, a note went out the the whole building that this was now a non-smoking building and we can't smoke in our apartments (against the law for them to do in this tobacco-loving state at the time but I digress). Even though they technically can't do that by law and by my lease agreement, I do my best to be a model tenant and a good neighbor. I never smoked another single cigarette (and I don't smoke anything else at all) in this building ever. I quit smoking entirely in May, in part because smoking is stupid and because of this surgery.

Apparently Mr. Jackass on the ground floor continued to complain about what must have been phantom smoke. I WAS NOT SMOKING indoors, and the woman in the office claimed to not be either (and I actually believe her because I'd see her outside on breaks during the day). He used this as an excuse to break his very long term (3 year) extremely expensive lease (about $3000/month US....mine isn't even half that the ground floor apartment is extensive--at least twice the size as mine and includes the back garden etc).

So now, my lease is up and I was fully expecting it to be renewed just as it always has been every year for three years. I have never once received any complaints for smoke, noise, ANYTHING...the only indication I had that there was any trouble at all was the new non-smoking policy which I was in FULL compliance with. But nope--no lease renewal. Reason? Too many complaints about my smoking.

(A) When I was smoking in here, someone should have told me it was bothering them and I'd have stopped instantly. I'm a nice, sympathetic person and I don't want to be a bother to anyone.

(:thumbup: I NEVER smoked once they banned it in the building (which, again, they weren't even allowed to do in the first place!)

Because this is not an eviction, just a non-renewal of a lease they don't actually have to have a reason at all (renewal is at the whim of the landlords here--they could not renew because they want to live there themselves, they need storage, want to save on utilities, whatever). The only good thing is that I will still have a positive reference from them because I wasn't evicted and apparently they aren't allowed to mention the reason for a non-renewal.

But STILL. This was my HOME for 3 years and I take great pride in it, I love it and I love the neighborhood. It almost feels like they've forcibly euthanized my pets (seriously, I'm that sad about the loss of the apartment) but mostly I am SO MAD about being punished for something I didn't even DO! And besides, just because I "cost them a high cost long term tenant" (which I fucking didn't, I bet it was the receptionist sneaking cigs when she thought no one would notice), what use is punishing me now? He's gone and that apartment has been re-rented.

She won't believe me I didn't break the rules, and won't believe me that I quit, and she said even if she did, a decision's been made and what's done is done.

I feel like I'm losing a limb here, this house and this town are such a part of me. Finding another place that's similar to mine, anywhere close to my current neighbor for anywhere close to the price (and by anywhere close I mean like within $200-$400/month "close") is extremely difficult. This town is mainly privately owned townhouses--only a few have been converted to apartments like mine and they all run at quite a pretty penny. Oh, and about half of them are owned my my soon-to-be-former landlord.

I am beyond devastated:crying:. Thanks for reading this much if you have.

-Penny

I am so sorry! I hate that they can do those things to you with no reason necessary---that seems so unfair!

A friends husband was recently let go from his job of 14 years, that he had advanced steadily at, and in our state you can be fired at any time with no reason being given. The family was devastated! I imagine similar to what you are feeling now.

Have you approached this woman in person? Maybe ask her if they have another rental you could look at----make like you just expect them to be sympathetic....kinda bluff your way along.

I hope you find something you like, or that something can be worked out---that just SUCKS!!!

Hang in there, and keep us posted what happens.

Kat

Yeah it does seem unfair but I am trying to put myself in a landlord's shoes. Say I owned my dream apartment but then joined the Peace Corps for two years...I'd want it back when I came back and so wouldn't renew their lease. Or if I owned a rental property near a university that my child was about to attend--I'd not renew so that my kid could live there.

There doesn't have to be a reason, just like I wouldn't need a reason to not renew the lease.

But all that even-temperedness doesn't change the fact that there IS a reason--but the claim is completely false and they just won't listen to me. I did go in in person first thing on Monday to see what this was all about and she at first acted like I was spoiling for a fight--immediately on the offensive. But I kept my cool, didn't get emotional and said "ok, I understand if that's your decision and respect your concerns, I would like to reiterate that I have always done everything I could to be a model tenant and sympathetic neighbor but regardless we have to figure out the details of my leaving the apartment" and then we discussed painting (I painted the walls), and dates etc.

I got an extra month out of them, and I think it may have been due to my being polite and understanding during a situation that most people would be shrieking.

I am very lucky in that I have three good leads. Or well, one awesome lead, one a little weird but totally doable, and one which is a change of pace (much smaller, more suburban but a cute place at a good price). I hope #1 goes through but 2 or 3 would be fine by me. #1 was SERIOUS luck (heard about it, toured it and got to apply before it was advertised anywhere and she won't advertise unless I don't work out somehow). All this from remembering a detail of a conversation with a friend of a friend 6 months ago and following up, and then placing a cold-call. Amazing.

In case you can't tell--the rental market is tight and competitive around these parts :w00t: One place I contacted got back to me saying that it had been rented site unseen after only one hour on Craigslist!

Oh I agree, I can see why a landlord would want the place back, I just don't get the accusations and animosity they are showing. I have never evicted or let go willingly a good renter! I have been known to shed actual tears when losing a good long time renter, and most of ours go on to buy their own place. The rentals we have are small, and rural, so our renters usually have horses----each rental has pasture with it. But boy I have had some horrors along with some who remain wonderful friends to this day.

Having said that, if this woman continues to be rude over it----I wish upon her some renters like I have had....there have been some that were so beyond gross! I too am an ex smoker (17 years for me) and have issues with smoke---BUT will take it over the renter that moved out in the night---to avoid past due rent, and left 3 buckets under the bathroom vanity....one with feces, and one with used tampons----the other was thanfully empty! There was a pefectly good working toilet 3 feet away......go figure.

I hope this is one of those situations that you look back and think how lucky you were that it happen so that you could move on to better things!

Kat

I had to share this tidbit, my DH went by one of our rentals yesterday and knocked on the door to let the lady know he was there to check out the deck, because he wanted to send someone over to power-wash and stain it. Being the "nice" old lady that she is, she invited him in. She's been there 6 months, prior to her move in, we had the entire house painted and new carpet installed.

My DH almost CHIT, there were two dogs running around, yapping at his heels, the carpet was not only ruined with pee stains, there was dog poop all over the freakin carpet. They're not even her dogs, but her former daughter in law, whose boyfriend won't let her keep them at her house, because they chit everywhere! Needless to say, my DH told her the dogs had to go and called the dog owners and had a few words.

Being a landlord has it's ups and downs, I have 9 tenants that are past due for the month of August, and are avoiding my phone calls, hummmm, imagine that! I expect it out of about 2-3 of them, but I guess the economy is taking it's toll on renters as well.

I hate to lose a good paying, non complaining tenant, I'll leave their rent the same for years as long as they pay on time and don't nag me. I just rented to a single dad and he calls me almost every day, even on Sundays. I finally told him he's not buying the house, he's renting, it's not brand new, it's not under warranty, to please stop calling me unless it was an emergency. Well Sunday, I get this "emergency" call, his upstairs tub leaked into the downstairs ceiling. I called the plumber who went out and said there was a faulty install of a tub spout. So yesterday, I was reviewing my rental receipts and there was a receipt attached to this guy's check, where he had purchased AND installed a new tub spout! Always something.

Just thought I'd give you the "flip" side of the rental industry.

I do know in VA there is a department that dictates how rentals are handled, for example I have to pay interest on deposits when I refund them, and there's a rate provided by the state, that I have to use to calculate the interest. You may want to check with your state and see if all regulations were abided by.

I hear ya Pat---we have had pet issues from day one. People lie through their teeth saying they have no animals, and day after day you see the cat sitting in the window!! LOL

One day DH went by one of our rentals to post door notices about the bug guy coming to spray, and if you wanted inside sprayed, to please let us know so we could schedule them all on the same day. So he goes to the door to tape on the notice and he hears a motorcycle----INSIDE the house!! Yep he rebuilt it in the middle of the living room----carpet and all. Ruined it all the way through to the hardwood below it! Upon further looking he found the door frame torn apart on the inside, because he got it in a jam------now mind you it is still inside needing to go outside!!

DH left, and knew the guy would try to move it as soon as he left the property....so he called for a civil standby with the Sheriff---while the guy got the bike out of the house, and witnessed the verbal issuance of eviction---which followed with the paperwork the same day!

It is unbelievable what some people do....

With rentals being in high demand where the OP is, that seems to make the difference. Our rentals are actually in high demand, since we have space for them to have a horse----and out of our 7 rentals, 4 have been in place for over 2 years....rent is on time, they are wonderful!!! 1 new one seems like he might be following suit in that way, a nice guy, pays on time, and is keeping things up. One is on their way out this weekend----and the other.......we have yet to see rent due a week ago. And no phone!!!

Somedays I hate the rentals!!!

Kat

Wow, guys, that sounds really bad! I do know there are bad tenants out there (I've encountered them) but it really is crazy the things people will do. A friends father is a landlord in another town in this area and they have a 13 page lease....it's actually famous among my friends because pretty much everyone has rented something from him at some point before--usually right out of college. Anyway, I saw it once and was laughing at the stipulations in there (can't remember specifics but I'll ask) thinking that he must be the most paranoid man on earth. Nope, they said. All of that comes from specific experience. He has a million crazy stories, apparently.

But I'm just not one of those people (as far as I know anyway...this whole thing has started to make me worried that I'm some horrible tenant that no one would want). I always pay on time, and have never complained about a thing. Only times I've ever called them is when my toilet was broken (and I couldn't fix it) and when a window air conditioner needed replacing because it was blowing hot air--in three full years. I'm not silent but I'm not loud (I play music while I'm cooking, and am often up late and need to walk through the apartment). I used to smoke in here, but had I known anyone was complaining would have stopped immediately...I....I don't know what else you could complain about me about. Oh well. What's done is done.

But good news....

I'm off to sign a lease!

In a building kind of like the one I'm in now. Not nearly as old or historic--this one I live in is 220 years old and on a cobblestone street while the new place is (I'm guessing) just over 100 but age and historic factor were never the issue, I'd have moved into a brand new construction just as easily--I'm just pointing out the differences.

Anyway, it's a converted townhouse, one apartment per floor. On the same street, but 6 blocks up. I have the ground floor this time instead of the old attic which is different but nice. I loved living up here even with the 4 flights of stairs because it's cute and pokey and the ceilings are slanted and it feels very cottage-cozy. But with the ground floor, I have no more grocery issues (planning shopping trips around weight and size of purchases is not fun), and "possession" of the little backyard area--mostly a patio with paving stones but some dirt areas in which to grow things (the landlady said, when I asked, "oh please do...I'd love for someone to get some good use out of this").

It also comes with a parking space in the alley behind the building which is a godsend around here. Where I live now is very close to the river, bike trails and the tourist stuff so getting home past 7pm means a loooong time circling for a space, and moving the car at all on weekends in summer usually means parking in a parking garage when you get back because there's no point in even trying. I have the parking enforcement number in my cell phone to report when things get bad (it's supposed to be 2 hour parking only for everyone but residents. That never happens).

Size wise it's practically identical--one bedroom plus a den that many people choose to use as a bedroom (here that wasn't possible because of the location of the only bathroom so the den is a den). It's about $150 more per month than I figured they'd raise my rent to this year had they renewed, and $50 more than the kind of ugly one bedroom I looked at farther away and on the busiest intersection in town (all of this includes utilities too). Because it's share-able though, and I've given the option to several friends of mine who are looking to move to this part of town, my costs will actually wind up lower than they have been in 4 years....

So basically....I'm still sad to leave but this will be a great move physically and financially. I love this place and this couple of blocks (the waterfront, the cobblestone etc) and my neighbors (not the ones in the building--the ones who love up and down the street) but I can easily come down for visits. Hey, I can plan my daily walking regime to come by here :tongue:.

I've been spending the afternoon researching shade-loving plants and debating climbing roses (for the fence not the house) or jasmine :tt2:

So glad to hear things are working out for you. It will also be interesting to see, since you will be so close, and in the neighborhood---exactly what the plan for your place is.......I am nosy so I would want to know!!!

I would also be hoping they get terrible renters next time!!! LOL

Like I say --- glad it worked out for you!

Good Luck in your new place!

Kat

Oh, I'm definitely going to figure out what happens here next. And wish bad tenants, too, or those who don't stay long. I honestly was planning on staying here until I left the DC area altogether, or until I got married (and maybe not even then, this is a perfect sized apartment for a couple--I'd just have to marry a short man or one who is good about ducking to get around the apartment!).

There probably won't be any problems because the complainer in chief has moved out, but oh well. This was all for the best.

I didn't hear from the new landlady today to sign my part of the lease and give her the deposit, which worries me slightly but she could have been busy. My dad signed his part and faxed it in (need a co-signer because I'm a grad student now and the income level isn't exactly what it used to be), but she wouldn't have offered the lease if she wasn't planning on following through....right?

Congratulations on getting another apartment that meets your needs and has some character - and a little garden patch too!

The friend's father's 13 page lease gave me a chuckle - wouldn't it be easier to write one that says 'you can't do anything until you talk with me' rather than listing all the things you can't do? :thumbup: