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05-15-2021 10:08 AM
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
05-15-2021 10:22 AM - edited 05-15-2021 01:56 PM
@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.
05-15-2021 10:32 AM
@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.
05-15-2021 10:39 AM
What did your attorney say?
05-15-2021 10:50 AM
@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.
05-15-2021 11:04 AM
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
05-15-2021 11:12 AM
@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,
05-15-2021 11:15 AM
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?
05-15-2021 11:18 AM
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
05-15-2021 11:19 AM
@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.
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