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Deposit 350 rent 450 was kind of vague about expenses but was so relieved to get out of the lease and owing more should owner decide to drag it out by not actively listing and looking for new renter and keep trying to get me to pay more. but still is a chunk of money since job fell through.
As I said earlier never got keys, never moved in didn't make a mess of the place.
That's why I asked if I could list the info oncraiglist to get a renter to take over asap still no law that says he can't collect double for same time that I would have been inthe apt for the first month.
I also Thought maybe I would just stop payment on the check to keep hi from getting anything.
1. That's why I asked if I could list the info oncraiglist to get a renter to take over asap still no law that says he can't collect double for same time that I would have been inthe apt for the first month.
2. I also Thought maybe I would just stop payment on the check to keep hi from getting anything.
1. Only if the LL agrees.
2. That would be incredibly stupid, unless you really relish the prospect of responding to a court summons, having a judgment rendered against you and looking forward to a blot on the record that will deter many landlords from renting to you in the future.
Talk to the Ll and get an idea of expenses and advertising. If that's all he's planning to deduct it's a no-brainer. You signed a legally binding contract and could be held liable for not only the monies you've already paid but for much longer if the LL doesn't rent the place out quickly.
thanks for your input.
Learned important lessons about the whole thing....also research showing that loss of income not enough to be a valid reason for getting out of lease.
So even if LL keeps the entire amount it could have been so much worse so I guess in this case LL was actually being nice after all.
Good afternoon,
I (landlord) entered into a a lease agreement with a tenant on Feb 28th. They paid a security deposit, with first month's rent due prior to April 1st, which was their scheduled move-in date. Today, March 3rd, I received an email stating that their mother-in-law has fallen ill and they are unable to commit to the one year lease. I have already cashed their local bank check, and have opened a new account in my bank and depositd the funds. Not sure if my options are, keep the security deposit, return their deposit, force them to commit, begin legal action towards a full amount of a years lease.
Thank you in advance for your time,
Chris in Connecticut
GIVE THEM BACK THEIR DEPOSIT. SIMPLE AND PLAIN. AS YOU Stated, they did not move in so you Re not entitled to use it for damages. By law it is required that you provide the security with in thirty days prior to move out.. And if damages are found then you would give s simple written letter stating what are the damages and how much as deducted from the deposit. If they do not agree they can fight you in court and if you are found illegally liable for not providing them the correct measures sinse acceptance of the deposit, name of bank, address, the amo7 , and given reciept... Then your ok. If non of these measures were taken you will be found for troulbe damages. And they can be paid double. You stTed tgey did not start your lease but an agreement we signed. It as also broken, in which u allowed them to move you granted them a right to break the lease. You can also give them their deposit. If you dont like problems. Simple and plain. You should not use it at all.
YurslOw, in case you didn't notice, you're answering a post from three years ago which was hashed out long ago. Another poster added a related question late last year.
I signed my lease and didn't move in...there are issues that need to be fixed and were not. I don't trust him at this point and just want out. Can I get some of my money back if I didn't move in?
GIVE THEM BACK THEIR DEPOSIT. SIMPLE AND PLAIN. AS YOU Stated, they did not move in so you Re not entitled to use it for damages. By law it is required that you provide the security with in thirty days prior to move out.. And if damages are found then you would give s simple written letter stating what are the damages and how much as deducted from the deposit. If they do not agree they can fight you in court and if you are found illegally liable for not providing them the correct measures sinse acceptance of the deposit, name of bank, address, the amo7 , and given reciept... Then your ok. If non of these measures were taken you will be found for troulbe damages. And they can be paid double. You stTed tgey did not start your lease but an agreement we signed. It as also broken, in which u allowed them to move you granted them a right to break the lease. You can also give them their deposit. If you dont like problems. Simple and plain. You should not use it at all.
Easy you're gonna blow a gasket. It's a bit more than they break lease LL agrees they walk away.
The tenant has entered in a lease. They are now liable for rent. Even if they did not move in. So say they want to break the lease. And you allow it. They would be required to give notice and follow the lease break clause written in the lease. Breaking the lease and LLL agreeing to allow the lease break doesn't mean tenant can stop paying and gets off free of charge. Ok say the lease started in January. They did not move in. They give notice. LL does mitigate and finds tenant who moves in say Feb 15th The old tenant is still liable for payment from Feb 1-15th rent. The op state law may not require him to mitigate. Initial tenant may be legally liable for the whole lease term.
Yes LL has to return security deposit, but if tenant does not pay what the lease states he must pay the deposit may be used for damages incurred.
I had a similar issue. Easiest thing for me to do was call the next person in line who applied and get a new lease. Tenant lost first month rent, I returned security deposit. But I could of turned the screws a bit if I wanted to, but I don't feel the need to screw people over simply because I have the opportunity or the leverage to do so. I wished them luck and hoped everything worked out for them.
I signed my lease and didn't move in...there are issues that need to be fixed and were not. I don't trust him at this point and just want out. Can I get some of my money back if I didn't move in?
Have you notified the LL of the issues? Was there any walk through before taking posession? Or did you just take the unit before seeing it?
Get what money back? Deposit or rent?
Good afternoon,
I (landlord) entered into a a lease agreement with a tenant on Feb 28th. They paid a security deposit, with first month's rent due prior to April 1st, which was their scheduled move-in date. Today, March 3rd, I received an email stating that their mother-in-law has fallen ill and they are unable to commit to the one year lease. I have already cashed their local bank check, and have opened a new account in my bank and depositd the funds. Not sure if my options are, keep the security deposit, return their deposit, force them to commit, begin legal action towards a full amount of a years lease.
Thank you in advance for your time,
Chris in Connecticut
Most states have similar laws regarding landlord tenant laws, and contract laws etc.. I can state this because as a tenant I was in this very situation I did all the above but ended up unable to move in, even though I signed the lease and it's a contract the contract wasn't executed! Think of it like buying something but before you receive it or take delivery of it you change your mind, ie house, car, property etc.. you can back out because the contract wasn't fully executed.
That being said you are at a loss, so typically what landlords are allowed to do is be reimbursed for advertisement and any time frame which you were at a loss from renting the unit. In other words if tenant told you 2wks before moving in that they changed their mind then your likely just able to get back cost to advertising which can range greatly in different places. If
you were given a very short notice or virtually no notice then you can deduct advertisement along with the time frame the unit was off the market.
Best bet get it on market moment you learned it and get it rented, many forget that usually deposits are for Physical damages to a unit, it does however give landlord power to dictate application of deposit how they see fit but leaves them liable in most cases, if tenant chooses to come after it which is rare, which is why so many places back in the day used to run a deposit scam.
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