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We had a 6 month lease in Boulder,CO and bought a house and moved out early. We told our landlord in November and she was willing to try and work with us to get us out of our lease early. She put the house back on the rental market for 2 weeks until she found out that she was turned downfor a new equity line of credit bc the house we were living was for rent and that wasn't allowed in the loan terms. So she stopped looking for anyone. We understand the terms of our agreement and are willing to pay through the full term if need be (Feb 28). She told us yesterday that (because of a suggestion from her insurance company) she is having s moving company move all her stuff back in. She says she won't "officially" be moving in but has turned on the Internet. We had agreed to take care of the house through our lease term which included shoveling do as to she sure the house doesn't look abandoned. My sister also lives next door which makes things convenient.
It seems to me that she's moving her stuff in so she doesn't have to pay for her storage unit anymore.
Is it legal for her to move back in? We haven't abandoned the property since we're still taking care of it.
Have you turned your keys in? Utilities in your name?
What does your lease say about lease breaking? Have you given notice? Or just tried to sublet it?
My hunch is that if you continue to pay rent on it then she can't move her stuff in there (how is that any different than her moving a tenant in there?)
You really need to take this up with your landlord.
If the landlord has moved some of her belongings in, you should not have to be paying rent. As for shoveling snow, it really depends upon exactly what your agreement was to let you out of the lease early, which is something that no one here knows.
We still have the keys. Utilities are still in our name. It does say that we can potentially find our own tenants with her permission but our lease is only another month and a half. She had told us last week that if she moves in then we wouldn't be required to pay rent for February. We assumed that her moving her stuff in was pretty much the same thing. Seems strange to me.
The landlord isn't interested in talking about it. We're happy to fulfill our lease terms but not pleased that we are in theory paying for her to store her stuff.
http://www.landlord.com/landlord_rig...htm#COLORADO:_
Covenant of Quiet Enjoyment:
The right of a tenant to possess and use real property in the manner that was originally intended at the time of the lease and to be free of nuisances that would interfere with those uses.
She owes you rent if she has taken possession - if her stuff is in there then she's moved into your space. Have an attorney send her a stiff letter. She can't have it both ways - claiming you owe rent but she now lives there under your lease. Or just end it by agreement to let you out of the lease without penalty. Otherwise, she pays you.
She owes you rent if she has taken possession - if her stuff is in there then she's moved into your space. Have an attorney send her a stiff letter. She can't have it both ways - claiming you owe rent but she now lives there under your lease. Or just end it by agreement to let you out of the lease without penalty. Otherwise, she pays you.
This could then result in the renter having to serve landlord notice, and evicting the landlord for non payment!
She was told she Cant rent the place! She cant charge you a Dime! She needs to return your money to you from when You moved! Give her the keys Now & Collect any payments made after you moved! Turn the utilities OFF that are in your name.
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