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Old 01-21-2012, 09:35 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727

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Quote:
Originally Posted by wehotex View Post
Wrong! I gave them the entire 60-day notice that they required. That was a first since every other apartment only required a 30-day moveout notice. I've lived in my share of apartments and know that at least some charge for carpet cleaning, etc despite the fact that I've lived there 2 years already. That is normal wear and tear and should be a cost borne by the apartment owner, not by me. My security deposit was $75.
The notice you gave is irrelevant and obviously you gave what was required in accordance with your lease agreement. What's being questioned is why you're pro-rating. As said, if you leave earlier in your last month than the end of that month, that's up to you but doesn't give you any legal right to pro-rate your rent for that month.
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Old 01-21-2012, 05:41 PM
 
Location: Austin, TX
16,787 posts, read 49,068,148 times
Reputation: 9478
^ As a landlord in Texas I agree with this.

I have seen nothing in the Texas landlord tenant laws that would allow you to pro-rate the rent. You are obligated to pay the full month's rent. Get familiar with your state laws. Regardless of whether you are renting month to month or have ending a one year lease, you need to pay the full month's rent.

Read about what rights you do and don't have here. Austin Tenants’ Council/Tenant-Landlord Fact Sheets
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Old 01-21-2012, 07:37 PM
 
Location: San Antonio Texas
11,431 posts, read 19,000,893 times
Reputation: 5224
Quote:
Originally Posted by STT Resident View Post
The notice you gave is irrelevant and obviously you gave what was required in accordance with your lease agreement. What's being questioned is why you're pro-rating. As said, if you leave earlier in your last month than the end of that month, that's up to you but doesn't give you any legal right to pro-rate your rent for that month.
Quite simple, I don't want the greedy management company to steal my hard earned money for petty trumped up charges that they deem to be damages beyond normal wear and tear. I've had overzealous anal apt managers gouge me for overstated materials and labor. I know for a a fact that they used cheap illegal alien labor, yet charged me usual and customary rates. These companies like to do this sort of thing, because they think that the tenants will just let themselves get walked over. In some cases where we move out of state or cannot afford to take time off of work, they are probably right. But it's morally wrong to just trump up some supposed damages just because the landlord wants to score some easy $$ off of the departing tenant.
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Old 01-21-2012, 09:45 PM
 
Location: NJ
17,573 posts, read 46,144,871 times
Reputation: 16279
Quote:
Originally Posted by wehotex View Post
Quite simple, I don't want the greedy management company to steal my hard earned money for petty trumped up charges that they deem to be damages beyond normal wear and tear. I've had overzealous anal apt managers gouge me for overstated materials and labor. I know for a a fact that they used cheap illegal alien labor, yet charged me usual and customary rates. These companies like to do this sort of thing, because they think that the tenants will just let themselves get walked over. In some cases where we move out of state or cannot afford to take time off of work, they are probably right. But it's morally wrong to just trump up some supposed damages just because the landlord wants to score some easy $$ off of the departing tenant.
Good luck in court.
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Old 01-22-2012, 12:45 AM
 
Location: NYPD"s 30th Precinct
2,565 posts, read 5,515,106 times
Reputation: 2692
Quote:
Originally Posted by wehotex View Post
Quite simple, I don't want the greedy management company to steal my hard earned money for petty trumped up charges that they deem to be damages beyond normal wear and tear.
Quite simply, it doesn't matter what you want. You and your landlord/management company both have laws to abide by when it comes to you paying your last month's rent and when it comes to what they can deduct for repairs and cleaning and such.

If either of you feels that the other have violated the laws in place, then take each other to court and let a judge figure it out.
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Old 01-22-2012, 06:30 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by wehotex View Post
Quite simple, I don't want the greedy management company to steal my hard earned money for petty trumped up charges that they deem to be damages beyond normal wear and tear.
How is your landlord going to do this when your security deposit is a whopping $75!!!!!

If your security deposit doesn't cover any cleaning or damages which the LL is entitled to then you'll not only be in court to answer to that but also to illegally pro-rating your last month's rent. Good luck with that.
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Old 01-22-2012, 06:39 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by wehotex View Post
Quite simple, I don't want the greedy management company to steal my hard earned money for petty trumped up charges that they deem to be damages beyond normal wear and tear. I've had overzealous anal apt managers gouge me for overstated materials and labor. I know for a a fact that they used cheap illegal alien labor, yet charged me usual and customary rates. These companies like to do this sort of thing, because they think that the tenants will just let themselves get walked over. In some cases where we move out of state or cannot afford to take time off of work, they are probably right. But it's morally wrong to just trump up some supposed damages just because the landlord wants to score some easy $$ off of the departing tenant.

And its just as wrong for you to try and screw the landlord out of two weeks rent you owe.
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Old 01-22-2012, 06:41 AM
 
10,746 posts, read 26,022,258 times
Reputation: 16033
Quote:
Originally Posted by STT Resident View Post
How is your landlord going to do this when your security deposit is a whopping $75!!!!!

If your security deposit doesn't cover any cleaning or damages which the LL is entitled to then you'll not only be in court to answer to that but also to illegally pro-rating your last month's rent. Good luck with that.

and then there will be a thread here on CD all about how mean and nasty his landlord was/is LOL
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Old 01-22-2012, 01:11 PM
 
Location: San Antonio Texas
11,431 posts, read 19,000,893 times
Reputation: 5224
Quote:
Originally Posted by STT Resident View Post
How is your landlord going to do this when your security deposit is a whopping $75!!!!!

If your security deposit doesn't cover any cleaning or damages which the LL is entitled to then you'll not only be in court to answer to that but also to illegally pro-rating your last month's rent. Good luck with that.
If I pay the remaining 17 days of rent, that $$ is supposed to be used for RENT and rent only, not for other purposes such as cleaning, damages, etc. Since I have not any intention of living there, why should I pay this $$ when I need it to pay my rent at my new place?

When I lived in Calif (God bless that State), the contracts had SEPARATE cleaning fees, security deposit (normally last month's rent). The monies were separated. They could not use your security deposit (essentially last months' rent) for cleaning or damages. this came out exclusively from the cleaning deposit.
I understand what most are you saying (clearly, you must be landlords since you're all so greedy) about the contracts. I'm going to re-read mine and see what it says about all of this.
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Old 01-22-2012, 02:15 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,703,004 times
Reputation: 26727
Quote:
Originally Posted by wehotex View Post
If I pay the remaining 17 days of rent, that $$ is supposed to be used for RENT and rent only, not for other purposes such as cleaning, damages, etc. Since I have not any intention of living there, why should I pay this $$ when I need it to pay my rent at my new place?

When I lived in Calif (God bless that State), the contracts had SEPARATE cleaning fees, security deposit (normally last month's rent). The monies were separated. They could not use your security deposit (essentially last months' rent) for cleaning or damages. this came out exclusively from the cleaning deposit.
I understand what most are you saying (clearly, you must be landlords since you're all so greedy) about the contracts. I'm going to re-read mine and see what it says about all of this.
You need to read your state landlord tenant laws. I cannot speak for anyone other than myself but I am not currently a landlord although I have been one, as I've also been a homeowner many times over and a renter too.

Security deposit is NOT "normally last month's rent" in any state. The security deposit absolutely is to cover damages, and landlords are required by law to follow strict procedures as to the return of it to the tenant within a proscribed time limit (which varies from state to state but is usually 30-60 days) along with an itemized list of any deductions.

You really don't understand what most of us are saying, you're not listening, and your facts are totally incorrect.

Links to your state's landlord tenant laws are probably listed in the first "sticky" on this forum page. Please do read them as well as what's stated in your lease and then make a learned decision to abide by them before you end up in court.
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