Q I have a friend who has had a month-to-month lease at the same place for a while now, and he recently moved into a different apartment within the same building. He's on a month-to-month lease. He just received a notice to vacate, but no reason was given. If the landlord isn't required to give a reason, how is he supposed to find out if he is being discriminated against?
A A landlord (as well as a tenant) has the right to terminate a month-to-month lease for any reason, including no reason at all, so long as the reason for the termination is not in retaliation for the tenant pursuing legal rights or for discriminatory reasons.
The only way a tenant can prove the notice to terminate is unlawful -- short of a landlord's admission -- is to either stay in the unit, and raise the unlawful motive as an affirmative defense to an eviction action that the landlord brings against the tenant, or to pursue the matter with a private attorney.
Remember, the landlord has the burden of proving that the notice to terminate was not retaliatory if the notice was given within 90 days of the tenant engaging in the protected activity. If the notice to terminate is more than 90 days, then the tenant has the burden of proof on that issue.
Q I moved into a one-bedroom apartment and paid a security deposit and the first and last months' rent. I also paid a pet deposit, all in advance of my moving in.
The lease said "advance rent to be applied to the last month the resident occupies the apartment," a reference to the one-bedroom apartment for which the lease was written.
On Aug. 1, I moved into a two-bedroom apartment. My security and pet deposits were refunded and I had to reissue those for my new apartment in the same amounts as originally paid. No mention was made in the lease regarding my last month's rent.
In September I was told that my advanced rent was $77 short because my two-bedroom apartment cost that much more than the one-bedroom apartment. He wanted me to pay that difference so my "last month's rent" was now equal in value. I stated that I would pay that $77 difference and apply the last month's rent to my rent payment on the two-bedroom apartment in December (when the lease expired) when the advanced rent would be paid out as my rent for the month.