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kellymichelle | Is this a rental scam on landlords part? |
When my 18 year old son was approved to rent a very nice home with no credit I was skeptical. 1200.00 a month year lease with 1st last and a 1000.00 damage deposit. He was unable to pay this months rent as of yet because he was laid off. Its the 12th rent is due on the 1st, landlord said fine, I will terminate lease agreement and keep your last month rent and damage if you move out by monday the 15th and help find a new tenant? Is this right or is this guy taking advantage of my inexperienced son??? It seems like a set up to me so he could gain over 2000.00 of my sons money and make my son feel as though he is doing him a favor??? Is he doing my son a large favor or laughing as he pockets the money? My son has only lived there 3 months and had every intention on making good on his rental agreement until he was laid off. My son was honest with him and told him he would need a bit more time expecting the landlord to comply since he had fronted such a large amount but ws basicly told get out. |
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schwildcat1977
 |
Those terms are pretty standard when a tenant is breaking a lease.
It does not matter how long he was there, that he was never late, that he had every intention to stay or that he got laid off. All of that is completely immaterial and has nothing to do with what he has to pay to break his lease.
I'm sorry for his miss fortune, but the landlord is not taking advantage or doing anything against the law. |
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1Glamourgirl
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No! He is really doing him a favor, because he could file an eviction on him and ruin his credit for a long time, but if your son does clean the apartment and take pictures of it once he's move-out and has turned in the keys, plus get some thing from the manager stating the agreement as well and better yet call Fair Housing and read the rental agreement it may state if you break your lease you will lose your sec. deposit and your last months rent, but your son isn't losing the money for the rent because he hasn't paid rent for the full month he will be only losing half of it. |
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quizzard123
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That is the purpose of asking for first and last. The landlord is covered for situations like this.
Your son hasn't paid his rent, he can be evicted. It was due on the 1st, he's lucky he's still there.
In effect, his last month payment is going to cover this month, but he still needs to move.
Without a job, he can't pay the rent, so he needs to move. It's not the landlord's fault. I am guessing there is a lease, so the landlord is actually being very accommodating letting him off. Technically, he owes the entire lease period. |
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Landlord
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It does not sound like a scam.
Your son is not paying rent. What are you expecting? The landlord to support him?
Your son has broken the lease agreement and no lnger has rights to live in someone elses property. |
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Kay
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I'm sorry that your son has to face the cold facts of life, but by not paying the rent as agreed on a written lease, your son breached the contract. Unfortunately, he dosn't seem to have an understanding landlord who would work with his tenant's situation.
The landlord can legally apply the last month rent against the unpaid rent of the month. He is however taking the cleaning/security deposit as the penalty for the breach of contract. If you son can find a new tenant in his place on time (before the month end), he could make a claim in the small claims court to get back his security deposit though the chances of getting it back is rather remote. |
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Bobo
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This should be spelled out in the lease terms, although 12 days is pretty quick for an eviction. If the lease spells out harsher terms for late payments/eviction, then it is possible the landlord is offering a better deal. You might check your local rental laws too, but usually landlords will protect themselves with still penalties when a lease is broken. |
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Tim
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Need more info. Is you son in a month to month (taking advantage) or a lease (letting your son off without holding him to the full length of the lease)? |
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Othniel
 |
A lease agreement is a legal contract as such your son obligated himself to pay rent to the landlord in timely fashion. When your son defaulted the landlord would have been totally within his rights to serve a three day notice and begin eviction proceedings.
You and your son need to read the lease very carefully and then consult the Landlord Tenant Act for your State. I have a feeling that the landlord may be fully within his rights on most of his actions except regarding the security deposit. In Florida a landlord cannot use the security deposit for rent and must return it to the tenant if there are no damages.
However, that same landlord can take your son to small claims court to cover the period of time in which the house was vacant and for other expenses the landlord would have to cover.
If, after researching the landlord tenant act and the signed lease you are still uncertain then consult a real estate attorney. |
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Fenny L
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The landlord is doing you a favor. He could easily follow the law by charging you the whole month rent, keep the deposit, file an eviction, and put your son on collections. Why? because new tenants usually comes at 1st of the month, not in the middle of the month..he has to wait till next month for new tenants, so he is actually losing money. |
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DennistheMenace
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You want to put the blame somewhere, go look in the mirror........18 yr old, a house, 1200+ a month, Lady...Hello, is anybody home there???
he dont pay, he breaks the lease, looses that money anyway, an moves back in w/ you........try and help/ guide him a whole lot better next time....... |
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HondaChick
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why do people pay landlords more then what they should? You should never pay LAST months rent when you were not there. Thata a rip off right there. Anyway your son should read his lease about early termination. If it states in there there is not early termination then yes the landlord is doing him a favor. Your sons security deposit is going towards this months rent and your son is helping make things easier if he can find a tenent. If a tenent isnt found then the landlord could charge your son rent for next month also. |
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