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Old 07-28-2015, 02:07 PM
 
35 posts, read 37,698 times
Reputation: 29

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Quote:
Originally Posted by Sherifftruman View Post
The poster may be coming across somewhat brashly at this point, but I am puzzled why so many seem to think that written lease terms can so easily be broken by either party without a signed and counter signed agreement modifying the terms? The lease can't be one sided and only allow the tenant to accidentally give up their tenancy yet not allow them to simply leave whenever.
Yes. Yes. Yes. I'm only coming across brashly because people on here are pretty much trying to say that I'm in the wrong and the landlord is right... when there is a lease/contract stating that the place is mine until July 31.
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Old 07-28-2015, 03:06 PM
 
936 posts, read 2,202,898 times
Reputation: 938
Quote:
The lease can't be one sided and only allow the tenant to accidentally give up their tenancy yet not allow them to simply leave whenever.
Vacant unit are bad news from a liability and insurance standpoint. So most leases have clauses about what constitutes 'vacating' a unit, and case law handles this sort of thing too. So under such a clause, a unit can be deemed vacated if they leave for too long or simply empty the unit of all their possessions. It allows the LL to take over the unit in order to make sure its safe from a condition standpoint and fire/flood hazard.

Imagine a tenant vacating a unit in the middle of winter and deciding to cut off the utilities. It's fairly common. The LL needs a way to get in the unit to secure it.

Also, if a tenant leaves in an effort to break their lease then the LL needs to be able to find this out as soon as possible. they don't wait around for months while the place is vacant and the tenant has a chance to move far away.
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Old 07-28-2015, 03:11 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257
Quote:
Originally Posted by jonb83 View Post
Yes. Yes. Yes. I'm only coming across brashly because people on here are pretty much trying to say that I'm in the wrong and the landlord is right... when there is a lease/contract stating that the place is mine until July 31.
NO You gave up that right when You email the LL & Told him he Could rent the unit! What you didn't think he had another tenant?

Last edited by Ultrarunner; 07-28-2015 at 08:15 PM..
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Old 07-28-2015, 03:38 PM
 
Location: Morrisville, NC
9,145 posts, read 14,768,819 times
Reputation: 9073
Quote:
Originally Posted by yousah View Post
Vacant unit are bad news from a liability and insurance standpoint. So most leases have clauses about what constitutes 'vacating' a unit, and case law handles this sort of thing too. So under such a clause, a unit can be deemed vacated if they leave for too long or simply empty the unit of all their possessions. It allows the LL to take over the unit in order to make sure its safe from a condition standpoint and fire/flood hazard.

Imagine a tenant vacating a unit in the middle of winter and deciding to cut off the utilities. It's fairly common. The LL needs a way to get in the unit to secure it.

Also, if a tenant leaves in an effort to break their lease then the LL needs to be able to find this out as soon as possible. they don't wait around for months while the place is vacant and the tenant has a chance to move far away.
I understand, but this is only about a week. Back when I was renting (close to 20 years ago mind you) the abandonment clauses were for longer than that. Plus if the utilities were still on it should be fine.

Of course none of us has seen the lease or the email sent by the OP so it's pointless to argue. No reason for me to get caught up in it any more.
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Old 07-28-2015, 04:38 PM
 
15,546 posts, read 12,024,982 times
Reputation: 32595
Quote:
Originally Posted by jonb83 View Post
Yes. Yes. Yes. I'm only coming across brashly because people on here are pretty much trying to say that I'm in the wrong and the landlord is right... when there is a lease/contract stating that the place is mine until July 31.
Yet your "stingy" LL gave you back your security deposit before your lease ended? That just doesn't make any sense. Why would the LL risk not having the security deposit in case any damages are done during the last few days of your lease?

It would seem that for the LL to know when you would be completely out of the apartment so that they could get it ready for a new tenant to move into, there would have been some communication between the two of you. I doubt that the LL just happened to go by your place, see that it was empty, got the apartment ready, found a new tenant and had them in the apartment in less then a week.
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Old 07-28-2015, 05:19 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
Quote:
Originally Posted by Katie1 View Post
NO You gave up that right when You email the LL & Told him he Could rent the unit! What you didn't think he had another tenant?:

That never happened. Have you actually read the posts?

Last edited by Ultrarunner; 07-28-2015 at 08:15 PM..
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Old 07-28-2015, 05:25 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
Quote:
Originally Posted by Sundaydrive00 View Post
Yet your "stingy" LL gave you back your security deposit before your lease ended? That just doesn't make any sense. Why would the LL risk not having the security deposit in case any damages are done during the last few days of your lease?

It would seem that for the LL to know when you would be completely out of the apartment so that they could get it ready for a new tenant to move into, there would have been some communication between the two of you. I doubt that the LL just happened to go by your place, see that it was empty, got the apartment ready, found a new tenant and had them in the apartment in less then a week.
There was communication according to OP. OP is not denying that and clearly stated such! OP said they told the LL they were moving out on x date and if LL wanted to rent it to another person that they could work something out between them to do so being that OP still had the lease, keys, paid the rent until end of month and utilities were still in their name until the end of the month. LL just went ahead without communicating with the OP and rented it. That was pretty clear in their posts.
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Old 07-28-2015, 05:26 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257
Quote:
Originally Posted by Corn-fused View Post
That never happened. Have you actually read the posts?
Are you confused Again! Yes OP wrote what I said!

Last edited by Ultrarunner; 07-28-2015 at 08:16 PM..
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Old 07-28-2015, 05:28 PM
 
Location: West Virginia
13,927 posts, read 39,302,018 times
Reputation: 10257
NOT True Corn-Fused...Email said he had MOVED out & the LL could re-model or Rent the place! LL Rented the place AFTER receiving the email Now the OP is mad!
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Old 07-28-2015, 05:51 PM
 
3,461 posts, read 4,705,814 times
Reputation: 4033
Quote:
Originally Posted by Katie1 View Post
Are you confused Again! Yes OP wrote what I said!
No, I am not confused and I would appreciate if you would refrain from being so unjustifiably snarky and flippant in your posts. What does this say?

Quote:
Originally Posted by jonb83 View Post
About 10 days ago I sent the landlord an e-mail saying if they wish to do some renovation or have the new tenant move in early, to let me know and we can work something out. The landlord never told me that a new tenant was moving in with 6 days left on my lease. If he had told me that the new tenant wished to move in so early, I would have asked to been compensated... But I didn't find out until I went to the place myself to get a shovel from the basement.
I am not the one that needs to learn to read.

Last edited by Ultrarunner; 07-28-2015 at 08:17 PM..
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