How can one go about amending the law? If one feels that the law is not clear enough, or might have loopholes that should be fixed, how would one go about starting a process to possibly amend it? For example, in Texas, a lot of landlords charge exuberant fees for residential lease re-assignment, even if the tenant goes about finding a new person to whom the lease would be reassigned all by themselves. E.g., not only would the new tenant still need to pay application and administrative fees (which often amount to 200 USD in Texas), but also the old tenant would still have to pay a non-trivial re-letting fee (which I've seen being anywhere from 200 USD to 85% of the monthly rent). This doesn't make much sense.
Call, write, or visit the office of your legislative representative. This page can help you figure out who that is. They have the ability to introduce a bill into the legislature that would change the law, and that's the best way to change a law like what you're trying to do here. Be sure to tell the legislator exactly what you think should be changed (e.g. "We should change section ABC of the Texas Property Code, &lt; citation>, to say that 'no landlord can charge a fee of more than X for Y in Z conditions,' or something similar.") Then concisely summarize your reasons why. Consider consulting politics for more strategy on who and how to ask to increase the probability of success. Be sure to give some consideration to the reason why the landlords charge such fees and the costs they have to incur associated with lease assignments/changes. Try to craft a proposal that addresses those concerns, perhaps in some alternative way, and communicate the degree to which you think you understand and have addressed those opposing views. Also try to think about what new challenges or issues would arise if your proposal went into the law. The job of your representative and/or their staff includes listening to (a concise presentation of) your concerns and how you think the law should be changed, and representing those views in the legislature. S/he also has other constituents, including landlords, to answer to as well, and has to balance those potentially opposing interests before deciding what (if anything) to do. The degree to which you think the representative listens and represents your interests may determine whose campaign you support (including who you vote for and what you say to your friends/neighbors/family) in the next election. Another strategy is to negotiate with your next landlord to take those fees out of your lease agreement, and then the contract which governs your specific agreement might be changed to address this concern. If you want to change the law for everybody, you might have to convince a lot of people that it's a good idea. If you want to change the "law" for what affects you personally, you might only have to convince one person (your own landlord) that such a change is a good idea, at least in your case.
You can be held liable for rent after you are off a lease. Rewriting a lease only affects future obligations, and doesn't extinguish past obligations. However, you appear to have released X from all obligations via paragraph 2. If you plan to sue for past rent, the court will have to interpret the statement that &quot;The landlord, Y, and Z agree to relinquish X from any obligation regarding the lease as mentioned above&quot;, which is non-standard English. It is extremely likely that the court will interpret this to mean &quot;release&quot;. You might argue, using earlier emails, that all parties had a clear understanding that this means &quot;from all future obligations, but not past obligations&quot;, but that is not what the written agreement says, and the parol evidence rule, which is codified as explicit law in California, says execution of a contract in writing... supersedes all the negotiations or stipulations concerning its matter which preceded or accompanied the execution of the instrument That clause lets X off the hook, in exchange for his claim on the security deposit and for relinquishing his tenant rights to the unit. You cannot sue X for any rent.
Yes, they still have to go through the normal eviction process and must still provide the minimum number of days required by their local jurisdiction in order to vacate the property. By moving in and establishing residency, the tenant and landlord form an implied lease - the tenant does not need anything in writing in order to establish their legal rights to tenancy. More information: No written lease--Am I in trouble?
you cannot be compelled to accept a modified lease that you never agreed to, and that was not even shown to you when you discussed the issue. You should notify the management in writing at once that you reject this "offer" and do not plan to transfer under those terms.
First, you will need to look at your existing lease. Most leases automatically transfer to month-to-month after the initial term ends. It is quite probable that your landlord said "fine" to the month-to-month extension because it was already part of your existing lease. Second, you will need to look at your existing lease and see what notification was required for you to move out. Typically, a lease transitions to month-to-month and in your lease it probably already said that you needed to provide 30 days notice even if you were leaving at the end of the lease's original term. Third, yes, you are on the hook for rent until you give 30 days notice. Your "verbal agreement" is a contract and your landlord agreed to allow you to stay in the apartment as long as you gave him 30 days notice before moving out and paid your rent every month. Most of this is probably already spelled out in your current lease. Even if it isn't, you have indicated that you have a verbal contract with your landlord.
You are likely now a holdover tenant, as you have stated that you continue to pay your original monthly rental payments. Check original lease and investigate what happens at end of lease. P.S. As your original question does not state a rent increase, may want to pay the $50.
A "land contract" is not a way of renting property, it is a way of purchasing property on an installment basis without bank financing. It is Ohio's version of what in some other places is known as "contract for deed". See "What is a Land Contract in Ohio" and "How Land Contracts Work" The actual law is Section 5313. In a land contract, the buyer has equitable but not legal title. The buyer normally pays all taxes and fees, and is responsible for maintaining the property, just as if s/he has bought the property. But if the buyer defaults, all payments and equity would be forfeit to the seller. Until the buyer has paid 20% of the purchase price, or made 5 years of payments (whichever comes first) a single missed payment constitutes default and can lead to the buyer being evicted with all payments to date going to the seller, the buyer coming out of the deal with nothing. Also, if the seller still has a mortgage and defaults, the buyer may lose everything paid to date. The buyer does not have the protections that a lease gives a tenant, nor the protections that legal title gives a purchaser via a traditional mortgage. Land contracts are often used when the buyer cannot qualify for a mortgage. The buyer pays interest, and it is often at a higher rate than the current rate on a mortgage. Land contracts are often a form of predatory lending, but for some buyers they make sense. A buyer needs to carefully review the contract with a lawyer knowledgeable about land contracts, and consider the risks and benefits of this form of financing. As I understand it, there cannot be a valid land contract for one apartment in an apartment building. A land contract must be for title to the land and all fixtures, including all buildings, on it. (There was at one point some unclarity if the question referred to an apartment. It is now clear that it refers to a house, so this statement is not relevant to the OP, but may be to others.) It is not clear just what the OP's landlord (LL) has in mind. It may be that LL plans to offer a "land contract" in which the purchase would be completed only after a very long time, with the idea that the OP would simply default when s/he wanted to move. Such a default could harm the OP's credit. There seems no benefit to the OP in such a scheme compared to a lease, unless LL will lower the price significantly, taking into account maintenance costs and taxes, which OP may well be expected to pay under a land contract. Note that a landlord can't legally force a tenant to sign a document cancelling a lease, or to sign whatever s/he will call a "land contract". Nor can s/he cancel the lease without the tenant's consent except for good cause as specified in the law (such as not paying rent). S/He could become uncooperative on other matters if a tenant doesn't do as s/he wants. If a tenant does cancel his or her lease, s/he will lose some rights. Others are guaranteed by law as long as the tenant is paying rent. If one signs a "land contract", what happens depends on its provisions. OP needs to very carefully consider just what is being offered, and its risks and any possible benefits. Details of the contract will matter. No matter exactly what LL has in mind, this is not at all a usual procedure for a landlord. OP or anyone in a similar circumstance should be very careful.
No they can't. The lease says the premises need to be cleaned without going into details how. You cleaned them yourself before moving out. If the landlord was not happy with that, they should have raised their concerns and discussed options. The security deposit that the landlord holds is only supposed to be used when something goes wrong. When something goes wrong, the landlord is supposed to talk, not to silently chop off a slice of the deposit as they please (unless the lease allows it, which it does not here). If the landlord refuses to refund, read the manual and go to small claims court to tell them where to get off.