topic Re: Rental Question for Landlors in Community Chat

Rental Question for Landlors

lenapecci — Sat, 15 May 2021 14:08:53 GMT

If any landlords or property managers could assist with a question with the end of a lease question.

My lease was to end May 31st. In January I asked if we could have permission to leave at the end of Feburary as we found a home we wanted to buy. The property manager agreed with a new lease agreement that I would continue to pay the rent, keep the utilities on, and renters insurance until the end of the lease. I agreed to the terms, signed the new lease and paid a $300.00 administrative fee.

This week they sent me Security Deposit Transmittal with two checks. One for my security deposit and a refund for the month of May's rent. Which was a surprise. I had expected to pay the full term of the lease.

My question, is it normal practice wen refunding the security deposit and any rent refund to state of the form Moved Without Notice? Which we did not do. If we deposit the check is that consenting that we left without notice. I have not been a tenent since the early 90"s so I do not know much about renting. I tried to find help online but could not find it.

I will ask the property managers if this is normal for end of lease forms. I hesitate at the moment as our last contact was difficult. They stated we stained the carpet during our clean out and move. I explanined how careful we were as it was important to me to leave the rental as I found it. We hired professional home cleaners and a well known carpet cleaning company. The exchange went on for two days. Then I never heard back. I continued to pay the rent, and utilites and expected they would keep the security deposit as that is what it is for. I would like to avoid another diffuicult dealing for one question. We always paid the rent early, followed all of the rules, kept up the place to how we found it as we were so appreictative to have a place to rent while we took our time finding a home.

I am appreciative for their agreeing to let us leave early. I am just confusted as to why they would state we moved without notice.

Thank you

Re: Rental Question for Landlors

Love my grandkids — Sat, 15 May 2021 17:56:21 GMT

@lenapecci The only thing I CAN address with certainty is that if you deposit the check you have agreed to the terms and consented. This is really basic but many people don't realize it which can be unfortunate.

I'm a retired legal secretary and for years have seen cases like this on JJ and The People's Court. If you deposit or cash the check, that's it.

Re: Rental Question for Landlors

lenapecci — Sat, 15 May 2021 14:32:57 GMT

@Love my grandkids Thank you, that is what I thought. I have no plan on renting again. We are getting ready to retire. I just was not sure if or how it would affect us. When it is not a true statement.

I will reach out the property manager on Monday for clarification.

Re: Rental Question for Landlors

Group 5 minus 1 — Sat, 15 May 2021 14:39:09 GMT

What did your attorney say?

Re: Rental Question for Landlors

lenapecci — Sat, 15 May 2021 14:50:17 GMT

@Group 5 minus 1 I do not have an attorney. I have only dealt with the property manager from the start.

I just do not want to deposit the checks if I do not know if a false statement can affect me in anyway. I will ask them Monday why they put on the form that we moved without notice, yet return the security deposit and the rent for May. It makes no sense to me.

Re: Rental Question for Landlors

fthunt — Sat, 15 May 2021 15:04:58 GMT

This doesn't make sense. I'm a landlord - not an attorney - but why even ask permission to end lease early - - when you're willing to continue to pay the rent plus expenses?

And why pay $300 for a new lease when nothing was going to change?

I say - take a copy of the 2 checks you received back....and cash them.

What the Manager writes in his book - is of no interest to you.

Cash the checks and forget it. You have proof (xerox copies) of reimbursement.

Why they returned May rent...............no clue

Re: Rental Question for Landlors

lenapecci — Sat, 15 May 2021 15:12:26 GMT

@fthunt Thank you, I do have the paper trail of everything from the beginning of signing the lease, through the new agreement, everything. All of it was through email. They were so mad at me when I questioned the stain on the carpet. We took video when we left. We just wanted proof that we left it how we found it. They did not do the walk though with us being there. They said they could not due to covid. We said we would wait outside. They did the walk through 10 days after we left.

I honeslty just wish to be done with all of it. We took really good care of it. No pets, children nothing. We paid the rent. Thank you,

Re: Rental Question for Landlors

Bri369 — Sat, 15 May 2021 15:15:38 GMT

I'm confused.

Your original lease ended in May? Then you signed a new lease to end early at the end of February?

What months did you pay the rent for past February?

Re: Rental Question for Landlors

skatting44 — Sat, 15 May 2021 15:18:56 GMT

Regarding the carpet issue. If you had done a post rental walk through with the landlord and taken pics , maybe their allegations would have been avoided. Also, did the landlord show proof of the carpet issue ?

Since you paid the landlord all that money , I'd demand a new document from them that does not state " Moved without notice ". I hope you have emails or text messages to & from the landlord as evidence.

Most landlords , demand 2 months rent in advance and along with a security deposit .They hold it till the person ends the lease contract .

This is why most people just give 30 days notice

Re: Rental Question for Landlors

lenapecci — Sat, 15 May 2021 15:19:19 GMT

@Bri369 No the original lease was until May 31st. The new lease was also until May 31st, but we could leave to our new home and pay the rent until May 31st which I did. And then they returned the May rent payment. I agreed to it as we had to move into the new home within 60 days. I was happy they were willing to work with us. I was not trying to get out of it. Just trying to do what was right.

Re: Rental Question for Landlors

Scorpio1971 — Sat, 15 May 2021 15:26:21 GMT

@lenapecci

I'm confused. If your lease was expiring May 31st why would you need a new lease agreement written in Jan/Feb. to stay until the end of the original term? You HAD a valid lease and whether you were physically there or not was not their business. You did not need to ask for "permission" to move out before your lease expired. You could, as a courtesy to them, notify them that you would be be moving, and your intention of retaining the unit with all privileges until expiration of the lease, allowing you access anytime you wish. You could have kept as many personal posessions there as you wished. And of course give them your new contact address.

It should have just been a non-renewal of the original lease that was expiring May 31st, and your non-renewal notification to them done according to the timeline requirement and method specified in your original lease, OR when they present you with a lease renewal option you can decline and state you will vacate by May 31st. Whether you leave early or not was really none of their business as long as you continued to pay expenses as required until the end of the term which was May 31st. It would be similar to someone who rents in a cold climate that goes to a warm climate for 4 months...they still must pay their rent for 4 months even though they are not there. If my tenant decides to move out and continues to pay rent & utilities I cannot legally re-rent or enter the unit until the expiration of the lease (unless in the event of an emergency). I can begin to 'show' the unit 30 days prior to lease expiration and must give 24 hours notice to them prior to doing so.

So in regards to your question, do you have written correspondence in any type of format between both parties indicating your wishes in January? If so I would present that evidence to them and request that new checks be written without the "Moved Without Notice" statement as it is not true. If they give you trouble then I would suggest notifying your state Attorney General's office. If they cannot help you they should be able to direct you to the proper government organization that can help. I would photocopy the check(s) and supply that with all other copies of correspondence. If it was via text correspondence then you can get screen shots as your evidence.

Did you take pictures of the unit after cleaning? These pictures can be used as your evidence if they desire to bring up the subject of their claim of carpet staining. I still have pictures of a nightmare tenant's damages to doors, walls, burn marks on counter, burn marks on rugs, & filth which we used to substantiate the condition our rental unit was left in.

I would not cash checks until situation is resolved.

Good luck & congratulations on your new home!

Re: Rental Question for Landlors

Bri369 — Sat, 15 May 2021 15:27:04 GMT

@lenapecci wrote:
@Bri369 No the original lease was until May 31st. The new lease was also until May 31st, but we could leave to our new home and pay the rent until May 31st which I did. And then they returned the May rent payment. I agreed to it as we had to move into the new home within 60 days. I was happy they were willing to work with us. I was not trying to get out of it. Just trying to do what was right.

So why write a new lease and incur an additional charge of $300? You could have simply just continued paying the rent and moved out, no need to notify them. At the time of renewal, you would have just declined.

I don't know about the wording on the check. I would definitely clarify that before cashing the check.

Re: Rental Question for Landlors

lenapecci — Sat, 15 May 2021 15:28:17 GMT

@Scorpio1971 Thank you. Yes I have the email in which they agreed to us leaving early with the new agreement. They did also state that if they were able to rent it before May 31st any rent I paid would be refunded. I have all of this plus the new agreement. I have pictures and video of how left it. The receipts for carpet cleaing and house cleaners.

I will try to get clarification from them. If not the Attorney General.

Thank you,

Re: Rental Question for Landlors

CelticCrafter — Sat, 15 May 2021 15:38:30 GMT

None of this makes any sense.

If you had no intention to renew the lease why would you ask "permission" to leave early.

Most people would just tell them they aren't renewing and that's the end of it. If a person is willing to continue to pay the rent until the lease is up there would be no need to involve the landlord or property manager or get their permission to move out early.

Deposit the checks and be done with it.

Re: Rental Question for Landlors

Lucky Charm — Sat, 15 May 2021 15:39:45 GMT

I'm not understanding about the carpet stain. Were you aware of a carpet stain? How could the landlord say it happened during the clean out and move? As if the stain only happened after you vacated.

Either way, congratulations on the new home. It's a shame you have to deal with this.

The May rent may've been because they found renters for that month?

Re: Rental Question for Landlors

Imaoldhippie — Sat, 15 May 2021 15:40:51 GMT

@lenapecci ..................Please dont take advise from people here. Get an attorney.

Re: Rental Question for Landlors

CAcableGirl2 — Sat, 15 May 2021 15:58:32 GMT

@lenapecci Maybe May's rent was returned because when you moved in many years ago, you paid first and LAST month's rent.

Not sure, but if you are moving into your own home, I would cash the checks and not worry about the "leave without notice", because most likely you won't ever have the need to rent again.

If you do, just be sure to keep all coorespondence and copies of all checks, email, and inspections. Also, make sure you take pictures with dates of every part of the apartment before you vacate to proof of no damage when you left.

Re: Rental Question for Landlors

Sage04 — Sat, 15 May 2021 16:37:53 GMT

@lenapecci wrote:
@Scorpio1971 Thank you. Yes I have the email in which they agreed to us leaving early with the new agreement. They did also state that if they were able to rent it before May 31st any rent I paid would be refunded. I have all of this plus the new agreement. I have pictures and video of how left it. The receipts for carpet cleaing and house cleaners.

I will try to get clarification from them. If not the Attorney General.

Thank you,

@lenapecci I was thinking that May's rent was returned because they were able to get a tenant starting then. Wouldn't be surprised that it was rented before that time.

Re: Rental Question for Landlors

BirkiLady — Sat, 15 May 2021 17:20:30 GMT

Does it make a difference? You are buying a home and won't be renting again. Cash the check and move on with life. BTW: I would never have signed another "lease" for leaving early in the first place; nor would I have asked any of my tenants to do so. Seems like a very messy situation that could/should have been avoided. If you have further questions, find an attorney!

Re: Rental Question for Landlors

pigletsmom — Sat, 15 May 2021 18:43:56 GMT

I would check your area for a tenants rights association that could just answer your question with a quick phone call. That said with you buying a house I'd just cash the check as long as you're ok with the amount they gave you and have no intention of disputing it. This isn't going to show up someplace to haunt you.