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Jessica | My landlord has moved new renters in while I still have term left on my lease? |
We bought a new house mid-August and promptly moved in. The house I was renting before, the lease terminates on September 30, 2008. I met with the landlord who said he would not give me my last month's rent back, and I in turn said that he was not allowed to rent the house, as it was technically mine to occupy. He has since rented it out and the other family moved in this week. What type of rights do I have here legally? I did give the keys back, but it was very clear he was not allowed to rent this house. |
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lani2blue
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If you were/are still paying rent on it...as in with that last month's rent that he's withholding, then he has to return it to you unless he's using it as your security deposit and has reason to keep it due to damage, cleaning that you didn't do upon move out, etc.
If he has no reason with withhold it for security deposit reasons then you should have it back in most states within 30 days of the end of your lease term.
Technically he's rented the house, you no longer owe rent and so should get the last months rent back.
You have every right to go make a claim in small claims court and obtain the owed monies.
I am a property manager and am versed in fair housing laws...and renters legal assistance. If you give me the state you live in and possibly the city I can give you information for that area that will help you to go after your money and have him pay for court costs as well. My email is enabled on this site.
Good luck! |
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butterflylucin
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once you gave him those keys, you gave him possession of the unit back, but as long as you have keys, then you still have possession.
you gave him the right to rent it out, you gave him the keys>>>
that's like saying okay, I done and gone.
Verbal holds no water, only paper with signatures. You have no legal rights, other than you may be in title to some security deposit back, unless you owe him for rent or damages. |
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Lisa A
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You terminated the lease, abandoned the property, etc, etc, etc. You have no rights to it, no matter what you said to the landlord. |
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reenzz
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You surrendered possession of the house when you returned the keys. I don't know where you think you can dictate to the landlord that he is "not allowed" to re-rent. You have no legal rights to demand such a thing since you have no legal right to the home anymore. |
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Mademoiselle Le Chat
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It all depends on the terms of your lease. The only thing that matters is what is written down and signed, any verbal agreements are null and void. Make sure that you didn't break the lease by moving out prematurely. He might have seen your moving out as a breech of contract, which is probably why he didn't think he owed you your last month's rent. You could sue him for your last month's rent, in small claims court, just make sure you have all your documents in order, because if you win he will have to pay your filing fee in addition to giving you your money back. But if you lose, you lose your last month's rent AND the filing fee. |
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drewxjacobs
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This largely depends on the terms of your lease and whether or not you gave your landlord a 30 day notice of intent to vacate. If he collected a security deposit and first and last month's rent, you left the house clean and undamaged, then perhaps you might have claim to the balance of September's rent.
However, you did not occupy the house until the end of the lease term and essentially broke your lease. Under the same circumstances and the last month's rent had not been paid up front, would you have felt an obligation to pay September's rent if he had been unable to rent it before month's end? |
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towanda
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When you took your stuff out, you have abandoned the house and the landlord is free to do as he pleases. Stop being a jerk. You owed the money because you wanted to leave early and you signed a legal document saying you would pay. You don't dictate the law and it is clearly spelled out. You may not like it but you could have stayed there and occupied the place. When you move you turn off utilities and I'm sure the landlord doesn't want his property vacant. Both can be the source of damage and vandalism or worse. When you break your word, you no longer have the right to dictate anything. On the other hand. . .he should give you the money back for the time someone else is paying rent to him and that may be legal. I don't think you can double dip on the rent legally. |
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KAT
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Humm depending on your state...Best bet is to call the attorney general in your county Public protection division and ask them ...... also have them send you a copy of the renter's agreement Pamphlet and make sure you made a copy of your lease.
Good Luck! |
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Trouble
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You broke the lease and abandoned the premises.
Abandonment occurs when the tenants vacate the premises (you did)and do not intend to return (you did not), which intention may be evidenced by the removal by the tenants of substantially all of their possessions and personal effects from the premises (you did) and an express statement by the tenants that they do not intend to occupy the premises after a specified date (you did and returned the keys).
What did your lease state regarding penalties for breaking the lease?
If the lease was clear that you would be charged a penalty equal to one month's rent for early termination of the lease, the landlord has no legal obligation to return your last month's payment.
The landlord is required by law to attempt to mitigate his damages by attempting to find a replacement tenant.
You, as a tenant, legally liable for any early termination fees and the rent per the lease until either a replacement tenant is found or the lease expires.
You returned the keys, which in the renting world means that you returned possession to the landlord. You returned control of the property to him.
The landlord did as required per the law.
If the lease did not have a penalty clause for early termination, then the landlord would be obligated to return any rent paid by you once a replacement tenant moved in.
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pepper
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Hm, this sounds very nasty. But I do think you shot yourself in the foot. You gave back the keys a month early, why?
If you'd kept the keys and had waited until the 30th to hand them over I'd say that the landlord is in the wrong and should reimburse you. That landlord is not an honourable person and should morally give you back the money you paid but the law may not cover a moral claim as is often the case.
Seek legal advice?
- Pepper. |
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lolly
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Where I live, it is illegal for a landlord to collect double rent. You should get a refund from the date it was rerented. If he does not cooperate, I would take him to small claims court.
http://www.references-ect.com/landlord_tenant_state_statues.html |
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Debra G
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If your lease terminated on September 30th, and you moved out the middle of August, you have no right to your last months rent. Your lease term is your lease term. You could have moved out in July, but your lease would still have ended Sept. 30th. BUT... you might not have rights to your last months rent, but the landlord had no rights renting it out before your lease term expired either. YOU paid for that month, and whether you lived their or not, the place was still yours for September. No one was allowed to occupy that house but you, because you paid for it. As far as you giving the keys back to him, actually, since you paid for the month of Sept, you would have every right to go back to him mid September and ask for the keys back. Since you paid for that month, actually they are still yours to use. |
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I`m not mean, your just a sissy
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as long as you have a signed lease and paid the rent for the month he cannot rent it to someone else.
you should be able to file a claim in small claims court and get your money back.
if you chose to rent a house and never live in it that is your right as long as you pay the rent every month.
By re renting the house before the lease expired the landlord is in breach of the contract and as such you are released from your lease obligations, I.E having to pay rent. |
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shelly 101
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my business landlord just allowed my employees to sign a lease to start 3 days before mine was to be automatically renewed unless i gave him a written document 90 days in advance or he gave me a written document starting he did not wish to renew mine 30 days in advance. Im not a rocket scientist but I'm pretty sure this has something to do with wrongful eviction, constructed eviction and is highly illegal not to mention just plain f***ed up. I and my husband had 6yrs put into building a salon business with our own money not a loan. I had accumulated a 13 yr. clientele and the freedom to be flexible and raise my 2 children and be apart of their lives. Within 1 day the locks to the building and mailbox were changed and I was not provided with a key or notified of anyof this untill my employee texted me and said, me and so in so went and signed a lease as of today the buildng is now in our names, lockes have been changed and signage will be removed this weekend. If you want to rent a booth from us thats fine just let us no tonght at work. Yes seriously, that just happened to me 5 days ago. Needless to say I left with all of my belongings down to the toilet paper, and went in search for somewhere to do my clients. I just lost my entire business out from under me with no time to prepare. This has affected us in almost every aspect in our marrage from finacially to emotionally and everything down to the our childrens well being. The trickle affect has already flooded over everything that we've worked for to create the ideal life for us. Can anybody help on information as to what legal rights I have as a business tenant. or what kind of compensation I am entitled to for having my life ripped out from underneath me. PLEASE HELP!!!!! |
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