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Hello,
Could someone please help me out and provide solutions to my problem:
My story: I had leases an apt in upstate Newyork and signed a lease for 12 months on Sep 1 2015, as the landlord was not flexible act. the lease duration. I told him I was a contractor and can loose my job sooner than 12 months but landlord never gave me an option.
I signed the lease for 12 months and started staying in the apt from Sep 1, 2015. I came to know in December that my job is ending in February, so I gave a notice to my landlord somewhere around mid of December. However, I ended up working till April 5th 2016 but keep reminding my landlord about my plan. On March 1st 2016 I went and told my landlord that I will be staying until 12th April 2016 and she said she will try to find a replacement tenant. She informed me on April 1st that she was able to find a tenant from April 15th 2016 and I just have to pay my a prorated rent for 15 days.
On 12th April, when I handed over the keys, landlord came for inspection and verbally told me everything looks good and I am good to go. I put lot of work to make sure the apartment was neat and clean and was in same condition before I moved into it before handing over the keys.
I relocated to South Carolina and 1 week later got a letter from my landlord on April 21st saying that they found cockroaches in my apt and had to do pest control before 15th April 2016 , so the new tenant could move in without issues. I have that letter that states I owe them around $250 more on top of the deposit which I gave for $250 (The letter also states the day I gave a notice which was in December the very first time).
On May 3rd, I got a phone call from my landlord saying that the tenants who were suppose to rent the apt from April 15th backed out because of cockroaches and she was unable to lease the apt again on April 15th. Now she is asking me to pay for pest control + rent from April 15th till End of May.
This is really unethical and I am really depressed as I don't have that much money to give it to her. I feel I should fight for my rights. Could someone please guide me or give me pointers on what I can do to avoid this wrong charge and standup against the landlord.
Thanks for your prompt response. I sure can ask them to suck sand, however I am afraid they might spoil my credit history by reporting me to credit agencies.
Hello,
Could someone please help me out and provide solutions to my problem:
My story: I had leases an apt in upstate Newyork and signed a lease for 12 months on Sep 1 2015, as the landlord was not flexible act. the lease duration. I told him I was a contractor and can loose my job sooner than 12 months but landlord never gave me an option.
I signed the lease for 12 months and started staying in the apt from Sep 1, 2015. I came to know in December that my job is ending in February, so I gave a notice to my landlord somewhere around mid of December. However, I ended up working till April 5th 2016 but keep reminding my landlord about my plan. On March 1st 2016 I went and told my landlord that I will be staying until 12th April 2016 and she said she will try to find a replacement tenant. She informed me on April 1st that she was able to find a tenant from April 15th 2016 and I just have to pay my a prorated rent for 15 days.
Do you have any of this in writing? The LL accepting the prorated rent check might be taken as acceptance of a lease termination even if you don't.
Quote:
Originally Posted by msqmava
On 12th April, when I handed over the keys, landlord came for inspection and verbally told me everything looks good and I am good to go. I put lot of work to make sure the apartment was neat and clean and was in same condition before I moved into it before handing over the keys.
I relocated to South Carolina and 1 week later got a letter from my landlord on April 21st saying that they found cockroaches in my apt and had to do pest control before 15th April 2016 , so the new tenant could move in without issues. I have that letter that states I owe them around $250 more on top of the deposit which I gave for $250 (The letter also states the day I gave a notice which was in December the very first time).
On May 3rd, I got a phone call from my landlord saying that the tenants who were suppose to rent the apt from April 15th backed out because of cockroaches and she was unable to lease the apt again on April 15th. Now she is asking me to pay for pest control + rent from April 15th till End of May.
This is really unethical and I am really depressed as I don't have that much money to give it to her. I feel I should fight for my rights. Could someone please guide me or give me pointers on what I can do to avoid this wrong charge and standup against the landlord.
Thank you in advance for your support.
Did they include receipts for the work? If they required $500 worth of pest control (unlikely,) then maybe you do owe for that. Her inability to rent the unit isn't your problem since she agreed to the terms of an early termination.
I don't have anything in writing from her, but she did accept the prorated check and it was debited from my account. I think this might help me out as you rightly said .
They haven't included the receipts of the pest control either, she just sent me a statement of what I owe, on their letter head. I don't mind bearing the cost of pest control even though what is saying abt. cockroaches is untrue.
You have almost no rights at the state level in NY. Your landlord doesn't have to itemize deductions or give receipts at the state level so maybe the city you were in has some protections for you but the state does not.
Their acceptance of partial rent would mean they can't evict you but could still collect late fees and nothing more, certainly doesn't mean they accepted your lease termination and you would owe no further rent. You owe until a new tenant begins renting and that hasn't happened yet so you can either pay them or you will find yourself in small claims court across the country. If you want to go back to NY for a court date then fight them but if you ignore it you will find yourself with a default judgment. It isn't hard to serve people in other states unless they are shady individuals that are trying to hide.
AZ Manager,
So you are saying there is no other way to avoid this situation but to oblige to the landlord's false claims and give her my hard earned money which I don't have. One thing that I want to add which I missed earlier is, I even asked the landlord that I can wait for few more weeks until she finds a new tenant because my join date in the new company was not immediate. But she insisted me to leave as she found a new tenant.
Will it help for me to check and see if the apartment that I stayed in is already rented just to make sure she is not telling a lie? I can do this through a friend of mine who stays close by. What if I find that the apartment is already rented out?
The letter which I got from the landlord spells out the amount I owe after vacating the place, which is around $250. Can she send a new letter with more claims? When will this process stop?
Most leases have a clause in them that states you are to leave the property in the same condition as you found it. If you left the place clean and in normal wear and tear condition than you are probably OK. Having roaches in a vacant property, especially in a city, is very common. It does not mean that the place is infested. If your landlord states that the unit was in such bad condition, I would contact the company that did the treatment and get a written note from them. Your landlord may try to go after you in small claims court.
Yes, I did leave the place clean and in excellent condition. The apartment was thoroughly inspected by the apartment guys before I handed over the keys. The roaches were there right from the time we moved in but the place was definitely not infested as the LL is claiming. The issue is, I don't have anything in writing from her. Infact, the day I left, the manager was not even in and sent one of the workers working in the apartment complex to inspect.
Will it help me to get in touch with other tenants staying in the same apartment complex to see if they too have roaches and falsify the LL claims if the neighbors too have the same problem?
On 12th April, when I handed over the keys, landlord came for inspection and verbally told me everything looks good and I am good to go. I put lot of work to make sure the apartment was neat and clean and was in same condition before I moved into it before handing over the keys.
Quote:
Originally Posted by msqmava
Infact, the day I left, the manager was not even in and sent one of the workers working in the apartment complex to inspect.
So, the LL did not actually tell you that everything looks good and you're good to go?
Did you take pictures of the clean unit before you left that can be compared to pictures of when you moved in to show that you left it in good condition?
Did you put in writing that you were moving out early, or was it just a phone call? You gave notice in December that you were moving, but then you did not end up moving until April. What sort of communication was there between you in the LL as you changed your moving plans?
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Dude...
