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.
I have a friend who goes to my church who has moved out of an apartment in Georgia, having lived there 7 years. He left the apartment clean, in mint condition (as clean as it could be), but he was delayed about 45 days moving into his new place.
So he owes rent for that, but the landlord is trying to fleece him with all kinds of extra fees, late fees, etc.. At first it looked like 2 weeks or so, not 45 days, and at that time the landord agreed to taking the pro-rated amount of rent out of the deposit.
This is the question: He has not signed a lease in about 3 years. There was no agreement with the landlord as to month-to-month or anything, nothing has ever been mentioned about it by either party. He just never got a new lease in the mail and never asked for another one.
What then are his obligations? Is it the same as it would be if he were in an existing lease? He wants to pay the days he actually owes less his deposit (he believes the owner will try to screw him out of his deposit), but doesn't want to pay extra stuff, for one primary reason. When he moved in, the unit was supposed to be clean. Instead it was filthy, about as bad as it gets. But he came from out of town, so had to move his household in anyway (he's alone). So it took him 6 months to clean the place, paint it, and get it in living order, since there was barely enough room to move around.
He's never wanted compensation for that, but certainly doesn't want to pay extra costs now associated with his delayed moving out (which delay he couldn't really control). There is no known reason his deposit (one month) shouldn't be refunded in full, but the landlord now wants what he is asking for before the refund occurs.
So actual money owed currently is $25.80. ($745.80 [for 40 days rent] - $495.00 [deposit] - $225.00 [paid toward balance]).
The owner wants to get more money out of him. But since he hasn't signed a lease in 3 years (at least), what is the situation?
Thanks so much in advance for your help.
Last edited by 803Boulevard; 06-03-2013 at 03:21 PM..
... but he was delayed about 45 days moving into his new place.
So he owes rent for that, but the landlord is trying to fleece him with all kinds of extra fees
What then are his obligations?
It comes down to what he agreed to when he signed the lease SEVEN years ago...
and/or what GA (and County) law allows for.
There is a link at the top to many state LL/Tenant laws.
Leaving the place clean (save normal wear and tear) is a minimum expectation
He owes rent for every minute he was there.
The rent due for the extra time he was there after giving notice can reasonably be
MORE than what the rent amount was before he gave notice.
The several back and forths of yes/no and ready to go oops not ready to go...
so that the LL is repeatedly left to change his plans and expectations can be charged for.
How much? That's where it gets sticky.
After seven years though... making too big deal over it all is petty.
It comes down to what he agreed to when he signed the lease SEVEN years ago...
and/or what GA (and County) law allows for.
There is a link at the top to many state LL/Tenant laws.
Leaving the place clean (save normal wear and tear) is a minimum expectation
He owes rent for every minute he was there.
The rent due for the extra time he was there after giving notice can reasonably be
MORE than what the rent amount was before he gave notice.
The several back and forths of yes/no and ready to go oops not ready to go...
so that the LL is repeatedly left to change his plans and expectations can be charged for.
How much? That's where it gets sticky.
After seven years though... making too big deal over it all is petty.
How much security deposit is the LL holding?
Thanks for the response.
$495, as stated in the OP. The original lease was executed under another owner. The next 2 or 3 leases (of the 7 years) with the current owner, but no lease has been signed or even referenced in 3 years, maybe a little more.
There was plenty of verbal exchange with the LL's property manager, who he negotiates with. There was never any expectation voiced of anything other than regular rent amounts for the extra days past the original noticed date. There were no prospective tenants, and the manager never claimed there were. There are witnesses to this (I was there). The relationship with the Property Manager (who is an independent contractor) has always been good.
Now the owner is pressing the manager and the manager is making threats under his instruction.
He needs to consult the last lease he signed -- I think most leases convert to a month-to-month lease (leave with 30 day notice) after their expiration date, if a new one isn't signed. If that's the case, he's still under the terms of his lease, just the duration is different.
If you're saying that when he moved in to the apartment, the apartment was filthy and he had to clean it -- well, that really sucks, but: A) He moved in anyway and signed his lease and B) It was seven years ago. He's lived with the expense/hassle of all of that clean-up for seven years, which to me (and probably most people) signifies an acceptance of the situation. The time to bring that particular situation up would've been on move-in day.
Regardless, he needs to look over the last lease he signed to first see if there's a provision that converted the lease into a month-to-month lease (my guess is yes), and what that lease spells out in terms of fees.
However, the landlord did allow him to continue living in the apartment for three weeks AFTER he said he'd be out (which was still two weeks after the end of his lease). I don't know that a lot of landlords would do that, and I'd imagine the fees for that are hefty. Still, he needs to read his lease and make sure both parties are following the agreed-on rules.
He needs to consult the last lease he signed -- I think most leases convert to a month-to-month lease (leave with 30 day notice) after their expiration date, if a new one isn't signed. If that's the case, he's still under the terms of his lease, just the duration is different.
If you're saying that when he moved in to the apartment, the apartment was filthy and he had to clean it -- well, that really sucks, but: A) He moved in anyway and signed his lease and B) It was seven years ago. He's lived with the expense/hassle of all of that clean-up for seven years, which to me (and probably most people) signifies an acceptance of the situation. The time to bring that particular situation up would've been on move-in day.
Regardless, he needs to look over the last lease he signed to first see if there's a provision that converted the lease into a month-to-month lease (my guess is yes), and what that lease spells out in terms of fees.
However, the landlord did allow him to continue living in the apartment for three weeks AFTER he said he'd be out (which was still two weeks after the end of his lease). I don't know that a lot of landlords would do that, and I'd imagine the fees for that are hefty. Still, he needs to read his lease and make sure both parties are following the agreed-on rules.
I agree with all of this.
He might also owe late fees on the rent if he didn't pay it for 45 days (presuming that's 15 days past the last due date).
The original lease was executed under another owner.
Doesn't matter.
Quote:
There was plenty of verbal exchange with the LL's property manager....
Doesn't matter. Only what is in writing (and what is actually done & accepted) matters.
Quote:
The relationship with the Property Manager... has always been good.
Now the owner is pressing the manager and the manager is making threats under his instruction.
Put your position in writing.
Clearly state your expectation of what you believe is fair and equitable resolution.
Two months rent at the old rate for the 45 days of holding over...
and a "being a PITA for 2 months" fee vs the deposit money.
It's probably close to a scratch.
Last edited by MrRational; 06-03-2013 at 05:14 PM..
But since he hasn't signed a lease in 3 years (at least), what is the situation?
An 'At-Will' tenancy was established. That means the lease is being renewed each month on a monthly basis. ALL terms and conditions of the last lease still apply. The only difference is, the tenant can give 30 day notice to terminate and the Landlord has to give 60 days’ to terminate or change the terms and conditions. The Landlord cannot raise the rent without that 60 days’ notice. The tenant is still require to pay the FULL monthly rent when due as due. If they are late, all the conditions of late rent apply. Essentially, the last lease keeps renewing until a new lease is signed.
Thanks everybody. Anybody know if the LL is required by law to hold the deposit until all rent is paid in full? Or can the deposit be used toward the amount owed? LL is saying he is required to do it that way, and has no choice as to how he refunds the deposit.
I suspect he is trying to screw my friend out of the deposit.
Thanks everybody. Anybody know if the LL is required by law to hold the deposit until all rent is paid in full? Or can the deposit be used toward the amount owed? LL is saying he is required to do it that way, and has no choice as to how he refunds the deposit.
I suspect he is trying to screw my friend out of the deposit.
Security Deposits are to cover cost owed to the landlord after termination of a lease. Although the law states a landlord can deduct unpaid rent from the security deposit, that is not the same as the tenant using it for rent. The tenant is required to pay rent when due, as due!
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.
