Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
a lease is a contractual obligation between to parties. There are certain laws that govern contracts one of them being that both parties must execute the agreement.
Your signature and your landlord's signature is on the lease. Your signature, however is NOT on any email that pertains to changing the terms and conditions of that lease. Emails are not secure correspondence, your landlord has no way of knowing that the email in question was sent by you.
If he keeps your deposit BASED UPON THIS ISSUE then you can take him to court and he will not have the documentation to back up his claim. On the other hand, if he keeps part of your deposit based upon some other matter, that is a different story.
I would certainly make sure that you document the condition of the property when you move out. Take lots and lots and lots of pictures because if he cannot keep the deposit amount by saying that you agreed to give him 45 days, you can bet he is going to try to keep it by saying there was damage or he had to pay to have it cleaned up. Photos will be your only defense. (When you take photos, bring a couple of people with you who can TESTIFY that the pictures are accurate and have not been photoshopped.)
Good luck with this one.
20yrsinBranson
Thanks for your advice. I agree with everything you said. It's only the lease that counts; what I wrote in email is BEFORE the lease and thus has no bearing.
Can't take photos anymore; I'm actually already moved out.
Doesn't matter what the reason is. The lease said all I had to go by was 30 days. I don't care what the e-mail said; the lease came after and therefore overrides the e-mail.
I moved because I found a new place and they couldn't hold it for me and I didn't want to pay rent at two places.
The lease said 30 days so that is all i had to honor. I don't feel like I have to honor what I wrote in a CASUAL EMAIL. The LEASE is the LEGAL DOCUMENT and was SIGNED AFTERWARDS anyways.
Yep, my word don't mean a thing. As long as I honored the ACTUAL LEASE which I SIGNED then that's all that matters. THE LEASE SAYS 30 DAYS is all that's needed.
I only wanted LEGAL advice; if the landlord can go after me and it appears they can't because the LEASE was the last agreement made. That's the advice I received here and I am grateful for it.
I don't need moral advice on whether I should honor what I wrote in an e-mail. I only care about legal consequences.
The OP was given good advice on the first page of this thread before you interjected with what appear to be irrelevancies.
OP, your problem now - and since you've already moved out - is (as poster Branson noted) disputing any charges the LL may deduct from your security deposit for other reasons. In case this does come to court, do be sure to keep all paperwork you already have and also be sure that any further interaction you have with the LL be either in writing or, if orally, followed up with written confirmation. Good luck.
The OP was given good advice on the first page of this thread before you interjected with what appear to be irrelevancies.
OP, your problem now - and since you've already moved out - is (as poster Branson noted) disputing any charges the LL may deduct from your security deposit for other reasons. In case this does come to court, do be sure to keep all paperwork you already have and also be sure that any further interaction you have with the LL be either in writing or, if orally, followed up with written confirmation. Good luck.
Exactly, I received good advice here! Manderly's posts were irrelevancies. I wasn't asking what the right thing to do was but if the landlord had legal recourse or not given the fact that the lease stated 30 days. That's all I cared about.
The LL already replied to my email that I am correct. He is not home to review the contract but he says he will look at it when he gets home. He wrote "But you are correct".
Looks like he just forgot to change the number of days needed to give notice on the lease and didn't think that I would read it.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
