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Bliss | Landlord lease issue please help? |
My husband and I signed a 1 year lease that is up on Friday, the landlord wanted us to sign another but we plan on moving so we didnt sign it. She then said we would have to give her 30 days notice and find new tenants. I knew about the 30 days notice but isnt finding new tenants her job? She claims if we dont we will not get our deposit back. |
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skcs11
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she is wrong |
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kboneforfun
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you should not be responsible for finding new tenants unless it was in the original agreement and speeled out exactly like that. If it is not, and she does not return your deposit, then you will need to take her to small claims court. |
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Unique&Clever
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You're only responsible for giving her 30 days WRITTEN notice that you will be vacating the premisis.
finding a new tenant to take the apartment is not your responsibility, it is hers. If she doesn't give you your desposit back, ask her to send you a letter telling you WHY you didn't get the deposit back. If she's dumb enough to put that in writing, you can take her to court for the money....no landlord can hold your deposit over your head until you find a new tenant, unless it's in your lease which I'm assuming it is not. |
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smile182
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normaly you don't have to find new tenants unless you are trying to leave early and don't want to pay for rent. I would read through your lease though and double check it doesn't say anything. if it doesn't go in and talk to her and lay it out, be like hey i've looked through our lease it's not in the deal that i have to find new tenants if i don't recieve my deposit back i'll take you to court. |
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just me #1
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if your lease is over the 30 day notice is all thats required by law - where I am anyway. i would double check your contract and check out the landlord / tenant act for your state. |
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DefiantRican
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I would read through your lease thoroughly and see if there is a clause where it says that you have to find her new tenants. Some landlords are slick like that and they will add in a clause because most people will not read the entire lease. As far as the 30 days, yes you are obligated to uphold that part of the lease. You must give her notice in writing that you plan on vacating in 30 days. |
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Beth
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It's completely unreasonable for her to ask you to find new tenants. That would require advertising and the like. Tell her that you'll find her new tenants so long as she's agreeing to pay your fees and pay you for your time. There is NO, absolutely NO reason you should be doing her job.
Do you still have a copy of your original lease? Pull it out or request a copy. |
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dznefrek
 |
When you signed the contract did it say you would be responsible for finding a new tenant |
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DennistheMenace
 |
you give her 30 day notice, and she can find her own tenants...... |
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Juxelp
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you should read over your lease and make sure there is no fine print about finding new tenants... but at the norm that is 100% illegal and unheard-of. It is without question the landlords responsibility to find new tenants (that 30 day notice is correct though), so they could actually withhold your security deposit just for that. Otherwise, I would threaten small claims court and make it clear that you do not care about spending the time and money for the matter of principal. |
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Done
|
It depends on where you live as to what your rights are, but the 30 day notice is standard.
Where I live (TX), some places require 60 days.
Check your lease though - read that fine print. If she stipulated it in your lease that you signed, then you might be liable to find new tenants (although I don't understand why).
Otherwise, it is NOT your job to find new tenants. That's supposedly what the 30 days are for - her preparation for the new tenants by advertising or whatever. |
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Blue October
|
first - read your lease.....she may have made that a provision...but i don't think so.
After the term of the lease expires (normally) your responsibility ends (except to give a 30 day written notice).
It IS her job to rent her own property.
She also CANNOT withhold the deposit for this reason...deposits are to fix any damages that you made while in the apartment.
With that being said...clean the apartment really well, and take pics of everything...just in case she claims you had damages.
Next contact a lawyer, legal aid, small claims court advisor or the local renters advocate for advice on how to proceed against her if she holds your deposit.
typically landlords have 14 business days to return it to you.
good luck...(but read your lease first) |
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slaterac
|
Hi,
I had a problem with my landlord as well and it is a similar issue. I have read the Landlord-Tenant code a few times, at least the areas that I needed and I think I might be able to help.
I would suggest that you read your state's Landlord-Tenant code as well as your lease and see what they state about moving out.
You do not have to find another tenant unless it says so in your lease, however, you would have to give 30 days notice and since you did not give 30 days notice, it seems, then they could require you to pay the next month's rent, even though you will be not be living there. In that time if they find another renter then you are prorated back the portion of your monthly rent, but make sure you find out when someone else moves in.
In that time they should be able to find another renter and if they cannot then it is no longer your issue since you would have given them 30 days notice. The key here is the 30 days notice not the find another renter because the 30 days notice is required and I cannot believe that finding another renter would be required.
Make sure you read all the documents and see what your lease and the Landlord-tenant code says in your state. You can find the code on the internet or through your state government website search engine, usually.
I hope this helps and feel free to contact me with any more questions. Good Luck! |
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Chris R
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I am not an expert.
I don't see how when the contract is up on the lease you would be required to give a 30 days notice.
However, if the lease states you must give 30 days notice before you move and you move prior to the 30 days, then I suppose she could keep your deposit.
My suggestion, read the fine print on your lease. |
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spadezgurl22
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no u do not have to find another tenant. give her 30 days notice and if u feel she wont pay you your security then stay for the next month and tell her u are living out on ur security. that is her obligation to find a new tenant, ur not a broker! |
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