Real Life Hyp...maybe getting TLSers

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Real Life Hyp...maybe getting TLSers

Postby chiguy99 » Tue Jul 23, 2013 4:12 pm

Where do I begin...
I am in the process of transferring from MN to IL school, and my landlords in MN are real charming individuals and things could be turning ugly soon. While K's and Prop were my better grades, I am certainly not leaning on my final exam grade as sound legal advice. Obvi, you all aren't licensed attys either but its a rather wise group and most importantly free!!!! Ive used this site many a time for 1L, now I need help for the evils of real life hypos. Any help appreciated...

-my 12 month lease ends July 31
-2 month written notice req stating I will be moving out (Periodic Tenancy)
-submit 2 month notice May 31...everything is good in the hood
-SO freaking out on the chance of being homeless in case I dont get accepted at IL schools and dont transfer, so against my wishes she ORALLY agrees on the phone to extend our lease 1 month (lots of terms missing in this "modification"). LL office says ok and if you transfer just let us know and we will start marketing it right away and good chance it will rent right away (this I do believe to be true).
-I call and say hey im transferring, were leaving end of july like the letter states
-LL responds ok just go ahead and send us an email saying you will be leaving at the end of August, but we cant start marketing it til you turn your keys in (WHAT!? had my SO never spoke with you, you surely would have been marketing it since May 31 when you knew we were leaving, why change now?)
-My law school brain starts churning and I think to myself, my a$$ Im sending you a written email saying "sure here's August rent for no good reason too. You said you would market it right away and you just want to swindle us out of money" (real shady mgmt). They would surely take my rent and lease out to another and I would never know.
-Anyways, now they call today and say since you never sent that email wk ago, it will have to be pushed back thru September!!!
-I wasn't planing on paying Aug let alone Sep
-So this is where Im stuck at.

I'm thinking a million things right now with what school to pick, where I am going to live, my summer clerking job, and now dealing with this cr@p.
As far as this goes though I know the general principle is that oral modifications just dont cut it when it comes to a written K... but I'd love to hear some of y'alls opinion on should I hold my ground and let the Aug rent date come and go w/out pmt or what.
-I should add that I will physically be gone this wknd, so no holdover type of eviction can take place. Also, any ideas as far as only 1/2 leaseholders "orally" agreed to this mod.

GOOOO.... (ps sorry this is not a beautifully flowing narrative, im a wee bit stressed out)

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Re: Real Life Hyp...maybe getting TLSers

Postby kalvano » Tue Jul 23, 2013 4:20 pm

No one here can give you legal advice. Consult a real lawyer.

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Re: Real Life Hyp...maybe getting TLSers

Postby 941law » Tue Jul 23, 2013 4:21 pm

Hold on, let me pull up my outlines.

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Re: Real Life Hyp...maybe getting TLSers

Postby chiguy99 » Tue Jul 23, 2013 4:34 pm

Answer #1) ahhh yea I get that. I never intended on taking this as sound legal advice. Clearly that wasn't made clear enough.
#2) out of everything, that's what you came up with? Seriously, why post a response? I get being a smart@ss b/c not your problem, but if you are going to take the time to make a sarcastic comment, I'd expect a lil more zing to it

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Re: Real Life Hyp...maybe getting TLSers

Postby hephaestus » Tue Jul 23, 2013 4:35 pm

Law students can't give legal advice. But I'm sure you know that.

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Re: Real Life Hyp...maybe getting TLSers

Postby Nightrunner » Tue Jul 23, 2013 4:39 pm

TLS does does not condone the giving or seeking of legal advice from non-lawyers.

As for non-legal advice: consider finding a subletter, or an incoming student who can assume your lease, or other solutions that don't require lawyer fees. Alternately, call a real lawyer.

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