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Kelly K
I broke my lease at my rental property and the following are the charges that I am on the line for: fair?
Lease broken Aug 20

$1000 lease break fee--OK fair enough

$895 - rent for the month of Sept. If I am being charges for this, should I not still have access the the apartment until Sept 30?

$895 rent for the month of Dec 2007. – I signed the lease on Dec 7, 2007 and I was told by the landlord that I would be receiving that months rent free because their previous tenant had paid the rent for that month. Since it is clear that the rental company’s agreement is that if you break the lease, you are on the hook for the subsequent months until the apartment has a tenant. Would it be legal for them to collect this rent from me when they’ve clearly already collected it from the previous tenant? If it is legal, would I still be able to ask for a prorated amount since I was not living there the first week of the month?

$150 to repair a hole in the wall – I patched the hole myself and was told that the apartment would have to be painted anyways so I didn’t paint that wall.

$150 to change the locks – I had every intention of giving the keys back and was never called to attend a final inspection. I was also told by my landlord in July (when I thought that I lost my keys) that the charge for this is $94.00.

5.0 hrs X $30.00 / h cleanup charge= $150.00 – Again, I was never contacted to attend an inspection, therefore I never got a cleanup list. This was all his own doing, with no agreement from me. He also told me previously that the rental company charges $25.00/h for clean up.


Which of these points should I be arguing? Although I don’t have a real understanding of this whole process I feel like I’m being taken advantage of by shady business practices. Please, with your experience and knowledge help figure out which are valid charges and which aren’t.
                     
 




gafpromise
The lease will govern what he can charge. The $1000 lease break fee seems excessive but if that's what the lease says, then he is within his rights. September rent also makes sense if the lease expired the end of September. Again, the lease should say if you break the lease, whether you are still liable for rent for the remaining term of the lease.

Do you have in writing that your first month was free? Anywhere? You can argue that but it would help if you had proof.

$150 to repair a hole does seem excessive.

Changing locks- i'm not sure. Why did you never give up the keys? Again, this is another reason he could charge for Sept rent, if you still had the keys.

It is not the landlord's job to contact you regarding a walk-through. It is on you to request one if you want one, to go over what needs to be done. The cleaning charge seems fair.

You keep saying he told you something different before but is it in WRITING- that is the most important piece of evidence is what is in writing. His written policies and the terms of the lease will stand. I'd say the only thing you can really argue is the first month's rent and maybe that hole.


squirrely
Read your lease, it should say in there what you are responsible for if you break the lease. Also try contacting a tenants rights association, if your city has one. Every city/state is a little different for laws like this, but when in doubt, check your leasing terms.


yssirhcx
Check your state's landlord/tenant handbook - housing and resorces commission should have one. This also depends on how your lease reads and without a copy of it, it's impossible to give exact answers... but here goes:

Broken lease fee - sounds standard

Rent for Sept - You broke the lease in August so it is legal for the landlord to charge you for subsequent months until rented - most states do not require them to allow you access.

December - Without that agreement in writing this becomes a he said/she said routine. You might try agruing this one but I have no idea what the outcome will be without it in writing. If it went to court the judge would likely believe you since they would wonder why the landlord let this go so long and without late fees on subsequent months...

Hole in wall - regardless of what you were told you should have just repaired the hole. I totally understand where you're coming from but I'm sure they took pics and since they did do the repairs, you will likely be on the hook.

Locks - "The road to hell is paved with good intentions..." I kid. Since you didn't return the keys they can legally bill for this too.

Clean Up - I would think you should have been contacted but then again, if written notice was to break the lease in August, they have a right to bill. It doesn't matter what he said if it wasn't in writing.

I'm not saying the matter is fair... those are just the way it goes.

Sorry... but hope that helps.


p123456789aula
Rating
Those are a lot of charges and it might be worth your while to hire a lawyer who specializes in the field. It will probably save you some $$ to do so.


Doctor Deth
Rating
as for Sept rent - if you broke lease, technically - they could sue you for every month left on the lease, not just one month -

Dec 07 - if you didn;t get anything in writing giving your free rent with no strings, then you might not be able to fight it


SmartA$$
You should review your original lease agreement. You should only be charged fees that are clearly stated in the original contract.

Sounds like you might be stuck with the $1000 lease break fee and the $895 for this months rent.

I think the December 07 rent is BS and you shouldn't pay it.

The $150 repair for a hole would be legit if you hadn't fixed it, but since it sounds like they're charging you to paint, you should dispute it since they told you not to paint it yourself.

The lock change fee is also bogus. If there was a fee to change the locks for each new tenant, they should have charged you when you first moved in.

Cleaning fee is questionable also. I've always paid a cleaning fee when I move in which covers carpet cleaning etc between tenants. They should have charged you up front if they were going to charge you for this at all.

I would call a lawyer and ask for a free consultation. See if they will review your lease and the charges and give you some advice. Most attorneys would do all of this for free, as long as you make a verbal promise that they will be the person you hire if you do end up needing an attorney to settle this issue. If the first attorney you call isn't willing to help for free, then keep calling until you find one that will.


Chic4MP
The charges seem a little high. Look up your state's leasing or tenant laws. Many states side with renters and look poorly upon unfair landlords, who can make life difficult for people. Good luck!


Trouble
Rating
$1000.00 lease break fee, if in the lease is not disputable.

$895.00 rent for September. Since you broke the lease, the landlord can charge you for each month remaining until he finds a replacement tenant. It is September 9th, if there is not a tenant there now, he can charge you. NO, you do not have the legal right to access, you gave that up when you broke the lease.

$895.00 rent for December 2007. You should fight that unless there is some clause in your lease which states that 12/07 was a free month (concession) and you forfeit the concession if you do not fulfill the lease term. It actually could be legal IF the correct wording is contained in the lease.

$150.00 to repair the hole & paint. If your patch was not done professionally, they can charge you to repair it correctly and paint, since it is damage.

$150.00 to change the locks. You broke the lease and did not return the keys. The charge is reasonable. You are required to return the keys regardless of whether you were called for a final inspection or not. Not all states require the tenant be present for a final inspection.

$150.00 cleaning charge. The landlord is not required to tell you exactly what needs to be cleaned. You are required to return the rental and all appliances in the same condition as when you moved in. If the place needed cleaning, you are responsible. As long as he was charged $30.00 per hour, that is what you pay.

Your only recourse to fight the charges is to send a demand letter for any charges that you dispute and then file in Small Claims court if the landlord does not return the disputed amount.

You may have a valid argument on the December 2007 rent, but for the most part the other charges are normal and/or reasonable.

You would need proof to back up any of your arguments. Do you have move in and move out pictures?





Patrick
Rating
Here are some ideas for the charges.

$1,000 lease break fee. If this was stated in the lease and you agreed to it then you may be stuck.

$895 for the month of Sept - This can only be charged IF the landlord does not find a tenant to live in the place. Generally when you break a lease you are responsible for the remainder of the lease until the landlord finds a new tenant. If he/she found one and has them living in the property then you should NOT owe this. If the place is still vacant then yeah, generally you are on the hook.

$895 for the month of December. Check your lease agreement. the only way i can see you being stuck for this is if you were offered the first month free for a 1 year lease. If you broke the lease before the 1 year anniversary you would be on the hook for it. If not then you shouldn't be charged.

$150 for the hole in the wall. Was the repair you did perfect? I mean, did it look professional? If it still needed to be sanded or finished off they could charge you for it. It seems excessive unless it was a big hole.

$150 to change the locks - If I am reading the question correctly, you broke the lease. This wasn't a normal "end of lease" proceeding. Since the lease was broken I would have expected the keys to be returned to me immediately or I would change the locks as well. $150 bux seems about the price for a locksmith to do the job.

5.0 hours x $30/h cleanup charge - Did you take pictured of the place showing the condition you left it in? If not it's your word against the landlord's...unless the landlord has pictures to back their side up. Either way, you know how you left the place. Was the oven/stovetop clean? Did the carpets/floors need cleaning? Windows, baseboards, bathroom, sinks/tubs, all these things are part of a walk through inspection. Did you leave items behind that needed to be picked up and hauled out? As for the price, $25 to $30, what cost $25 in December could easily cost $30 almost a year later.

Good Luck!


ceegt
I don't believe they can legally charge you for the month of December as this month was already covered. I do not believe they can charge you $150.00 for a hole that you already repaired, unless it was not repaired correctly. Even then, by law they would have to give you a receipt showing it cost them this amount. This is an exorbitant amount for the repairation of a hole in the wall. Return the keys and they cannot legally charge you for changing the locks and if you lost the key and your contract says the fee is $94.00 then this is what they can legally charge you and not one cent more. I think you would be far better by going to small claims court and be well prepared before hand. Have with you your legal rental contract and highlight the areas that are pertinent. I would tell the judge that you are willing to pay the cancellation fee and the fee for the lost key (as written in the contract and not for the changing of locks) and that you are questioning all the other fees and find them exhorbitant and unfair. Also, if you paid a cleaning fee, then that fee is to cover the cleaning of the apt. after you move out and it is not legal for them to charge you yet another fee.


MM
Contact City Hall and ask for Tenants Rights. They will tell you your rights.


abacus3
You should definitely not be charged for the month prior to occupation. The previous tenant and landlord are responsible for this.

If you caused the hole in the wall, you are responsible for it.

You are entitled to see all receipts for any repairs to see that the amount being charged to you is reasonable.

Ultimately you normally have little come back unfortunately - the law is very much on the side of the landlord when it comes to tenancy agreements.


Alice
If there is a stipulation in your lease about that first month which is kind of fishy then yeah you are stuck with that. The repair charges are viable too that is if the repairs were higher in amount then your security deposit.The rent for the month of September is probably because they will not be able to rent it out while doing renovations/ repairs.Go on-line and look up the landlord tenant laws that should clear things up a bit.


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