Re: Rental Question for Landlors

Scorpio1971 · ‎03-10-2010

@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!

Bri369 · ‎11-03-2018

@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.

lenapecci · ‎05-11-2010

@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,

CelticCrafter · ‎03-09-2010

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.

Lucky Charm · ‎03-09-2010

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?

Imaoldhippie · ‎06-10-2015

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

BE THE PERSON YOUR DOG THINKS YOU ARE! (unknown)

CAcableGirl2 · ‎06-03-2010

@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.

......You look like I need a drink.....

Sage04 · ‎07-10-2011

@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.

BirkiLady · ‎02-22-2015

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!

Money screams; wealth whispers.

pigletsmom · ‎11-21-2011

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.