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Old 08-05-2011, 12:42 AM
 
9 posts, read 31,781 times
Reputation: 10
Quote:
Originally Posted by Racelady88 View Post
Nobody can require you to stay in CO. Pack your stuff and leave. Be prepared to get sued for the balance of the lease.

Already told her that when i get my stipends back by moving to an affordable school while still able to claim instate for Montana tution and because I have scholarships there (University of Great Falls was where I transfered from and they will transfer me back) That she will be getting all her rent money in about 2 months and then we're paying off Metro State. She just doesn't believe our word is good.

Again life happened and she's getting mad at us because something unforeseen happened and we were honest in telling her. We JUST signed the lease a few days ago when we found out our income is suddenly poofed. And we though because we can't pay her then we would leave. Why should we squat in her house or be freeloaders on her if we can't pay rent?
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Old 08-05-2011, 03:20 AM
 
Location: St Thomas, US Virgin Islands
21,673 posts, read 25,273,226 times
Reputation: 22347
Quote:
Originally Posted by bloo21 View Post
She told us that the first, last, and deposit were to protect her from situations like this. Now what exactly does that mean?
It means what it says and is called, "doing business". If a LL rents to someone and takes just one month's rent and the tenant decides for whatever reason (as you did) that the lease agreement is going to be ignored, the LL is stuck. If the tenant refuses to leave the LL has to evict the tenant and go to court which in most jurisdictions takes way more than a month and entails time, costs and lack of rental income and with no real guarantee of ever recouping the losses even when a legal judgement against the tenant is obtained. If the apartment is left damaged the LL has to dig into his or her own pocket to fix those damages and then advertise the unit to get another tenant. Several months of rental income is lost in the process. I find it quite baffling that that needs to be explained.

Quote:
Originally Posted by bloo21 View Post
Already told her that when i get my stipends back by moving to an affordable school while still able to claim instate for Montana tution and because I have scholarships there (University of Great Falls was where I transfered from and they will transfer me back) That she will be getting all her rent money in about 2 months and then we're paying off Metro State. She just doesn't believe our word is good.

Again life happened and she's getting mad at us because something unforeseen happened and we were honest in telling her. We JUST signed the lease a few days ago when we found out our income is suddenly poofed. And we though because we can't pay her then we would leave. Why should we squat in her house or be freeloaders on her if we can't pay rent?
Why on earth should your LL believe that your word is good? You're leaving state which only complicates the issue for the LL. I'm sorry for your troubles but in no way is your LL responsible for them and she has every right to be "mad". You're right - life happens but I suggest you learn more about landlord tenant laws and understand what responsibilities you take on when you sign a binding lease so you don't make the same mistake again.

Rather than repeating the "woe is me" editorials, pay heed to the advice you've been given here and work on extricating yourself from this current predicament the best way possible to alleviate the financial burden on both yourself and your LL. Also be aware that if this comes down to a court judgement against you, the bad credit report on your record will severely impact your future ability to obtain a rental for years in the future. Good luck.
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Old 08-05-2011, 03:53 AM
 
2,062 posts, read 2,988,269 times
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Question well...

[quote=bloo21;20322924]That makes me feel a little better. Though coming from a military background I wonder how she'll take to someone having to leave on a shorter notice then we are.

If someone can help a bit:

She told us that the first, last, and deposit were to protect her from situations like this. Now what exactly does that mean?[/QUOTE]

It means you'll probably be loosing your deposit, for reasons only she will come up with and your last month deposit will be used towards the monies you owe her. Try, quickly, to find a tenant for your unit. If she is able to rent it out by the time you leave, it will be easier to release you from your lease obligation...but...in the future...how 'bout only renting month-to-month?
Koale
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Old 08-05-2011, 04:15 AM
 
13,796 posts, read 25,202,662 times
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Not sure if this is for real because two college students that have already had 3 lawyers provide legal advice for a previous tenancy should be better versed.

I don't see where the Landlord is doing anything threatening... you made an agreement, that for whatever reason are unable or unwilling to keep.

There are costs involved and the owner or manager is seeking advice on how best to handle it.

Based on what you said, I would ask for the key back and in exchange for two months rent and we would both part company.

If I was able to quickly re-rent to someone you referred, I would make an adjustment in your favor.
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Old 08-05-2011, 05:21 AM
 
Location: St Thomas, US Virgin Islands
21,673 posts, read 25,273,226 times
Reputation: 22347
Quote:
Originally Posted by Koale View Post
[It means you'll probably be loosing (sic) your deposit, for reasons only she will come up with and your last month deposit will be used towards the monies you owe her. Try, quickly, to find a tenant for your unit. If she is able to rent it out by the time you leave, it will be easier to release you from your lease obligation...but...in the future...how 'bout only renting month-to-month? Koale
Even month to month rentals generally require a security deposit ...
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Old 08-05-2011, 06:15 AM
 
193 posts, read 298,620 times
Reputation: 127
I'm not exactly sure why there is so much back and forth about this. But nonetheless, Op, you are responsible for what the lease states, regardless of typos, pen all over it, etc. At the very least for your peace of mind you should have gotten a legible copy and read it over at least twice. When it comes down to her rapid speech, handwriting or whatever the case may be, it has nothing to do with your legal obligations. At this point do whatever you need to satisfy the requirements for terminating a lease early and don't look back. She absolutely can't make you stay in Colorado.

Best of luck to you and I hope your Dad becomes well again.
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Old 08-05-2011, 10:25 AM
 
9 posts, read 31,781 times
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I GET that I'm responsible for the lease, (Said that 5 times now) What I don't get is why she's not taking our word that we're going to uphold a WRITTEN statement declaring what we owe. Does the LL not get that we signed a lease, it's written down that we owe and are responsible, so our word is only as good as what the lease says?

In honesty she's a new LL who's been screwed over before and is now thinking we're doing the same even though the last tenant to screw her over was over them claiming they were paying the mortage not because their income vanished.
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Old 08-05-2011, 10:30 AM
 
9 posts, read 31,781 times
Reputation: 10
Quote:
Why on earth should your LL believe that your word is good? You're leaving state which only complicates the issue for the LL. I'm sorry for your troubles but in no way is your LL responsible for them and she has every right to be "mad". You're right - life happens but I suggest you learn more about landlord tenant laws and understand what responsibilities you take on when you sign a binding lease so you don't make the same mistake again.

Rather than repeating the "woe is me" editorials, pay heed to the advice you've been given here and work on extricating yourself from this current predicament the best way possible to alleviate the financial burden on both yourself and your LL. Also be aware that if this comes down to a court judgement against you, the bad credit report on your record will severely impact your future ability to obtain a rental for years in the future. Good luck.

Actually we are pretty versed in the LL/Tenant laws in Colorado thank you and we're not playing the woe is me card, we're simply asking where we went wrong in telling her our income is no longer good while we're in Colorado and that Sadly the only jobs we have to give her any money back are in Montana. Why do you think I posted a direct law quote about eviction?

We're breaking the lease because we aren't able to pay her, and she doesn't deserve som dead beat tenant which you seem to love to state in other threads. Because we feel she needs someone who's able to pay her MONTHLY and not fall 2-4 months behind in the rent.

Despite what Light said i think having her evict us will be the only way to ease her mind. She's panicky and feels this was all planned (It never was trust me if I new my income was going to go to the proverbal sewer, I wouldn't have signed a lease.)
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Old 08-05-2011, 11:02 AM
 
Location: Barrio Logan/Shelltown
8,715 posts, read 11,943,391 times
Reputation: 4717
If your VA spidend is being discontinued, I'm sure that they sent you a letter. Make a copy of it and give to your landlord. That should ease her mind that you're not making it up.
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Old 08-05-2011, 11:14 AM
 
Location: Boise, ID
5,368 posts, read 10,259,688 times
Reputation: 4695
Something else to be aware of is that if you move out, clean the place, turn in the keys, and let the LL know that you have relinquished possession (even though you still owe the rent and possibly the utilities and lawn care, and whatever else your obligations were), in most states, the LL has an obligation to rerent the place as quickly as possible. This is referred to as "mitigating a tenant's loss". Once she has it rerented, your obligation should end, and you don't owe anymore rent. You probably will still lose your deposit.

If she does rerent, and you have already prepaid any rent (like "last month"), you should get that back, as she can't charge two people for rent at the same time.

The reason she isn't taking your word for it is because most tenants do NOT do what they say they will after moving out. Once you are out of the state, it becomes very difficult for her to go after you, but she can't stop you from moving whenever you want. I would give her an overload of contact information. Tell her what your forwarding address is going to be for each of you, what your parent's addresses and phone numbers are, email address, best friend, the name and phone number of the place you are going to work, supervisor's name, etc. Give her way more than she would ever need. That should ease her mind.
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