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View Poll Results: can i get my refund?
***** 2 33.33%
***** 5 83.33%
Multiple Choice Poll. Voters: 6. You may not vote on this poll

 
 
Old 04-01-2010, 09:41 PM
 
4 posts, read 31,822 times
Reputation: 10

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I just paid my rent in the beginning of the month today and couple hours later we were given a notice to terminate tenancy and that we would have to be out at the end of the month. To my best knowledge, when we first moved in we paid the security deposit as well as the 1st and last months rent. So if we paid this months rent and was told to vacate the premises at the end of the month would I be able to get a money back that we just recently paid for this months rent if we already paid for 1st and last months rent.

we were on a year lease but when the year lease was finished we had a month to month lease.

can someone please help me with this situation so i can talk to my landlord about this situation and not blow it our of proportion? we are a low income family and this money that we just recently gave to our landlord for this months rent would be helpful towards another down payment to another apartment if they want us to vacate the premises.

i do think we should get our money back if we paid our first and last months rent when we first moved in.
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Old 04-02-2010, 02:13 PM
 
Location: Boise, ID
5,569 posts, read 10,898,943 times
Reputation: 4979
First, look at your lease and see if you did, in fact, pay last month when you moved in. Then, if you did, call your landlord and ask them if you can pick up your check or cash or however you just paid, since it was just yesterday, they may not have deposited it yet. If they have, ask if you can get a check back for that, since you have now paid it twice.
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Old 04-03-2010, 05:56 AM
 
4 posts, read 31,822 times
Reputation: 10
thanks for the reply and just went over our lease and it does state that we have paid our 1st and last months rent along with a security deposit. we have our receipt for the cash payment we just paid for this month. So for sure we will contact our landlord and ask for the refund since we have to leave at the end of the month. we had a year lease and that was up in October 2009. Our landlord then let us stay on a month to month lease but no written contract. just all verbal. but we still have not gotten our free last month. so i know for sure that we should be able to get our money back.
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Old 04-04-2010, 04:47 AM
 
1,465 posts, read 2,817,865 times
Reputation: 794
What if you told your landlord that you are paid up until the end of May and that is when you will be moving. I don't know what state you are in but at the very least, it will require your landlord to acknowledge and explain all monies he received.
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Old 04-04-2010, 10:52 AM
 
15,704 posts, read 21,088,727 times
Reputation: 6729
According to your side of the story you are owned security deposit and last months rent. The way the LL is doing it (if your story is the truth and we haven't heard the other side) is not the way to do it....but perhaps there is a reason for doing so...

Did you have late rent payments and didn't pay the interest on the late rent?
Does the LL has any reason there is an excesive amount of damages in the rental?

If all are negative then the LL must have changed her/his mind straight after you paid or is doing something that isn't legal...or forgot about the last months rent which should be in your written lease.


In all States there are tenant/LL laws and some are more strict then others...some have it so LL have to pay double or triple if they do something wrong after the tenant moves out and the LL doesn't stick to these laws....so wait what happens and depending on your State law, you might be getting a bigger amount rewarded in court, but that doesn't mean you have it right now....

You could start out by collecting all proof and sending a certified letter to the LL and ask for the last months rent to be refunded a.s.a.p. and ask for interest on it for any day it is late, just as you should pay if you are paying your rent late....

If your story is right the LL should have given the last months back on the day she/he gave you the notice, since now you paid double rent!

Good Luck
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Old 04-04-2010, 08:44 PM
 
4 posts, read 31,822 times
Reputation: 10
we are located in South Salt Lake City, Utah!!

and here is what happened. we have been disturbing other tenant so the LL says and that the city police has made several visits to our apartment. but no domestic assault have been filed or charged. The LL stated that the city police said that we have to vacate the premises and if not the city police will fine the LL. There was an inncident that happened at our apartment 4 days before to where the city police arrived. We spoke to the LL about issues with us and the police and she just told us to make sure it does not happen again. couple days couple days later we paid our rent and that when she served us our termination papers to vacate the premmises in 30 days because the city police was going to fine her if she does not evict us.

And just yesterday she served us a 3 day notice to for damage to the door, a whole in the wall, disturbing other tenants and harassing her (LL). She accused us for doing something that did not make sense to us. So my husband hung up on her and texted "dicrimination, prejudice and a liar" then she served us a 3 day notice for eviction couple hours later for harassing her and so on.

so if we got served with a 3 day notice eviction form will we be able to still get out refund for the last months rent we just recently paid? I know that we would have gotten the refund back for the 30 day notice but what about the 3 day notcie since we just recently received it?

can someone please help us with this issue because we have a short time to vacate the premises with a low budget and this refund will be very helpful towards a down payment to another apartment.
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Old 04-04-2010, 10:34 PM
 
Location: Boise, ID
5,569 posts, read 10,898,943 times
Reputation: 4979
This is a perfect example to how there are always two sides to every story. Your first post sounded so innocent, and now here are all these other details. I do at least give you credit for owning up and admitting the rest of the story.

I don't know for sure how Utah handles it if you move out and have rent overpaid, but owe for damages more than your deposit will cover, which it sounds like you might have, depending on the deposit amount. The LL might be able to hold the difference from the rent, or they might have to refund and then send you a bill, or something else. My guess would be the latter, since that is usually how it has to be handled. You are responsible to pay for any damages above your deposit amount. If you don't, the LL can take you to court and get a judgment against you. Then you would owe the legal fees as well, and it would show up on your credit report. I believe in Utah, you can have wages, tax return, and possibly even bank accounts garnished.

If the LL is able to rerent the place before May 1st, you may be owed some additional rent back, above and beyond getting April's back now. If they collect rent for the last week of the month from a new tenant, you should get a prorated 7 days rent back from the LL.

Plan on it being hard to find a new place to rent, considering you are being evicted.

Your "voice" doesn't sound confrontational in your posts to me, but that last post indicates that either you or your husband (or both) have some issues with temper. If it was just the fighting constantly with the neighbors, that could be you or the neighbors, or both, but your husband's response to the LL was all wrong. He didn't understand why you were being evicted, so he hung up and texted insults? Not the right way to handle it. Why do you think they are discriminating against you? Did the LL use some sort of racial slur in the conversation? If the police were getting called out repeatedly, that is reason enough for eviction, and has nothing to do with discrimination or prejudice.

Short Version: Yes, I think you are still entitled to April's rent back, since you have now paid it twice. The LL may be able to hold some if the damages exceed the rent. You may get some additional back if the LL can rerent before May 1st.

All of this is just general information, not specific to Utah. Utah may have specific laws that change any of what I said. Also, your lease might say something specific about what happens if you get evicted. That could also change any of this advice. State law >> local lawyer's advice >> lease >> advice on the internet
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Old 04-04-2010, 10:53 PM
 
Location: Southern Oregon
4,100 posts, read 3,200,076 times
Reputation: 5497
Default Do I get my refund

Quote:
Originally Posted by l4babies View Post
I just paid my rent in the beginning of the month today and couple hours later we were given a notice to terminate tenancy and that we would have to be out at the end of the month. To my best knowledge, when we first moved in we paid the security deposit as well as the 1st and last months rent. So if we paid this months rent and was told to vacate the premises at the end of the month would I be able to get a money back that we just recently paid for this months rent if we already paid for 1st and last months rent.

we were on a year lease but when the year lease was finished we had a month to month lease.

can someone please help me with this situation so i can talk to my landlord about this situation and not blow it our of proportion? we are a low income family and this money that we just recently gave to our landlord for this months rent would be helpful towards another down payment to another apartment if they want us to vacate the premises.

i do think we should get our money back if we paid our first and last months rent when we first moved in.
Back when you first started renting if you paid with a check and still have the rental/lease agreement, you shouldn't have any trouble. If you don't have any proof that you have already paid first and last month you may have a problem, you need to prove that you complied with the lease agreement. Hope you didn't pay everything with cash. Did you keep receipts? If you did you can prove that first & last months were paid.
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Old 04-04-2010, 11:39 PM
 
4 posts, read 31,822 times
Reputation: 10
thanks for the information. very helpful. but as for me and my husband, its not temper issues. its a relationship. All relationships have problems and we never had issues with neighboors. our neighbors are very kind. we all get along. If the neighbors could vote on having us reside here they would want us to stay. My husband is good friend with everyone here at this small complex. and YES there are always 2 sides of the story and in my first post i was not trying to sound innocent i was just asking to see if i can get our money back and what happen with payments.

But towards damages i dont think it would be more than $1000. we paid our last months rent for $575 and a deposit for $350. so i dont think it would be that much. so i do think we are intitled to our money back that we just recently paid on the 1st of this month.

thanks for the advises and information on what should happen and what should be done. If anything please inform me about further info that needs to be known.
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Old 04-05-2010, 06:21 AM
 
15,704 posts, read 21,088,727 times
Reputation: 6729
Sorry, but tenants always think that damages can be repaired for less...they forget that others will charge for labor, and that in many cases it isn't just a quick fix....a hole in the wall need to be textured and painted later on and the rest needs to be painted as well as result of that hole.

My last tenant told me I could have cut out a square of the carpet and replace that square with some left over carpet in the garage...like I want a patch work carpet

All relationships have issues, but not all cause damages to property...for that to occur it takes physical violence of some sort...
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