Hi all. I have a few porblems. I hope that someone here can help with. We have run into a situation where we have to break our lease. We sold or home in another state and moved to NC for a job transfer. To make a LONG story short, they are going under and FAST. Hubby was offered a job in our home state he can not refuse. Anyway... We kept or landlord well informed of our situation. We also put an ad in the paper to find new tenants and screened and showed the house to all interested parties. He agreed on a couple and they will be taking it over. This is now where our problem is. First, when we moved in we were told that the carpets would be cleaned. We got here and they were DISCUSTING. We paid for 1/2 of 900 sq ft of carpet for the back of the house. 550.00 We also gave him 1200 advance rent to make our payments more affordable *this was NOT our security deposit* plus 750.00 for security. When speaking to our landlord today he told us that we are required to pay Mays rent in full (the new renters lease starts the 15th) PLUS he wants to keep our security deposit AND our 1200 advance in rent (well really 1000.00 now). I can not afford an attorney as this has proved to be VERY hard on our wallets. PLEASE HELP ME. We are not low lifes who just would take off on this guy. We went above and beyhond to find him good tenants.
Well, since he has a new tenant taking over on May 15, his loss has been mitigated. I don't see how you could owe more than the first 2 weks of May. What does your lease say about refunds in regards to breaking the lease?
I told him just that, he said it was not an option. He knows the situation and knows that it is not our fault. He just wants to kick us while we are down. He is a BIG guy or else I would have my hubby kick his arse...LOL I really don't know legally how we stand here. This is not a little bit of money here. This totals 2500.00. What we should owe him is 375.00. We put that ad in, we found the tenants. He has a signed lease, he is out of NO money. Also, he does not have a copy of the lease we signed with him. I have the only copy.
That is not the route I want to go. I want these people to rent so I can get out of here. I don't want to trash the place either. We tried to do this as respectfully as possible and like I said he wants to kick us while we are down. I WANT my security and my advance rent back. The only way I will get it is to go by the books. Unfortunately since we are moving it is going to be tricky to sue out of state. (lol...after reading my first post I see I need some typing classes, maybe a spelling course as well )
You think I should give him more money? I understand that we broke the contract, I really do. But he is out NOTHING. I have a letter stating what we gave him, and I am sure that I can get a copy of the cashiers check that I gave him for first and advance rent.
If he will give BACK all the other money...(deposit & security)...then pay 1/2 MAY... There are LAWS about refusing to give back deposits and security money...
That is what I am going to do I guess. Hopefully it works or that will just be another 200 down the friggen drain.
He's violating several laws. Forget about being polite to this thief. He says he wants to steal $2500 from your family and is stupid enough to tell you about it in advance? Hammer him! Since you are moving, you don't have time to be polite about it. Attack, attack, attack. Forget about trashing the place. That doesn't get you your money back, it only gives him an excuse to keep it. Find out what agency regulates landlords in your state and have them request his reasons for attempting to retain your deposits in violation of state codes. You have documentation that your $1200 was advance rent? Send a nice letter by FEDEX (you'll get an immediate signature that you can track online) stating that you want him to apply part of those funds to your 1-15 May occupation and that you expect to pick up a certified check for the difference on the 16th. CC the agency that regulates landlords in your state. Where is your security money held? In some states, if your lease says it'll be in an interest bearing account and he doesn't open one, you are entitled to the full amount back whenever you ask for it, even if you are still renting from him. Send him a letter of intent to sue for illegal retention of your funds and mental anguish do to these threats. You have made good faith efforts to mitigate his losses. He will suffer zero damages from the transfer of tenants, so he has no basis to sue you. Again, CC the agency that regulates landlords in your state. Check this site. http://cses.com/rental/ltlaw.htm Dancer PS: For additional fun, send him a certified letter that you personally believe his actions to be a form of sexual harrassment and that you are documenting this fact for your pending lawsuit.
Oh yeah, Send him a notice of your intent to place a lein against the property for your $550 unless you're reimbursed in full within 7 days. Hit this idiot with so many intent to sue atatements that he just want to refund your money so you'll go away. Dancer Get your money and then STILL sue him in small claims court for violations of tenant laws and mental stress.
Here's an idea . Realize that any dispute is going to be settled according to the lease. Silly counterclaims are unproductive and don't help these folks cause in the least. If the lease is silent on what happens to the security deposit and advance rent money then, she'll have to go to court and convince a judge of her right to its return. Filing a sexual harrassment claim and a threat to place a lein on the property will dilute the quality of any legimate claim.
It's really interesting to see so many responses on this topic. Let me first state that I am a landlord, but will offer my advice without taking sides. First I would recommend negoitating with your landlord. Your both have legal rights here. He should refund your advance rent payment unless your lease stipulates anything regarding forfieture if the lease is broken. Legally you are entitled to your security deposit back. By the same token, you landlord can deduct any expense for repairs outside of the customary items such as painting, cleaning etc. Nail holes in the wall, holes in carpet, broken/crack glass...you get the idea. He could legally find enough repairs that you could still owe him money. Unless he documents any repairs you should minuimally get your security deposit back. That's the law. He not obligated to refund/split the cost of or otherwise reimburse you for the carpet unless you have a written agreement that he will do so. Finally, this is a touchy issue, but I would allow him to use your advance rent to pay of 1/2 of May and hope that he returns the balance. Stay firm on getting your security deposit back, because the law is on your side. Keep in mind that he may try to off set this with repairs. I hope this info helps & good luck
Take pictures of the apartment the day you move out, take a picture with all your furniture in the apartment and then again once it's gone. Also videotape it if at all possible. Make sure the camera you use date stamps the picture. That way if the landlord tries to destroy the property (I doubt it but you never know), you have photos of what it looked like upon you leaving.
If you got a friend or neighbor that will help you...have them take some of the pictures, and sign a paper stating when they took the pictures (on that date at that time) it was in good shape...
Taking pictures...good idea. I wasn't impling that your landlord would intentionally do damage, that would be illegally and different ball of wax. Just merely over estimate/document any legit repairs.
I thought I was so smart by taking pictures of when we moved in and when we moved out. We were only there about three months (month to month rent) and it was only my husband and myself. Sooooo...when we moved out, they did not want to return our security deposit of $795. Hubby took them to small claims court and the judge didn't even glance through the pictures, but rather awarded him half of the security deposit back. Case closed. Still haven't collected the half they were supposed tor return either :::sigh::: Sometimes I think its best just to write off the security deposit as soon as you move in because its so hard to get back no matter how good of care you take of the property. L
I still say work with your landlord...negotiate. Example...Your landlord could not had agreed to have someone take over/assume your lease, but instead sue you for the balance of the term of the lease plus legal fees for breaking your lease, then rent it out again himself. Harsh reality, but true. Unfortunately there is a cost to exiting a legal and binding contract. I still say you will get further with sugar than vinegar...compromise... forgo 1/2 of the advance rent, but insist on a complete return of the security deposit...then walk away and consider yourself lucky not to have to letigate. Your landlord should look at this in the same manner. No one really wants to go to court.
Don't give the landlord another penny of your money under any circumstances. Compromising with the landlord sounds wonderful in discussion, but it doesn't sound like this particular landlord wants to compromise about anything. Don't be intimidated by the "legal and binding contract," because the landlord is stealing your money. By trying to do the right thing and pay advance rent payments, your landlord has taken this good action and is now using it against you (not to mention the stealing of your deposits). The only way to deal with this guy is to play hard ball--believe me--buying him a cup of coffee and a donut is not going to solve anything. I'm assuming up until now that all of your attempts to get him to be reasonable were friendly from your side. As for the famous/infamous lease and it's legal ramifications, the landlord has already agreed to break the terms of your original lease when he allowed you to find another tenant to replace you, and by allowing you to move out. Any judge would immediately understand that this landlord is scum when you explain that you not only spoke to the landlord early on about your problem, but that you also advertised and secured new tenants to replace you. You have done MUCH MORE than most tenants would have done in a case like this. At the very least, send him a certified RR letter and tell him very clearly that you expect a FULL refund of your money, and naturally, telling him that you know your rights, etc., etc. You would be surprised how well this works sometimes and it might even save the cost of a lawyer. Don't let this person just steal your money this way. He has no right, especially in a case like this one where you've truly tried to do the right thing.
