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I have been renting my home for 3 years and have never been late on a payment or had one issue with the landlord. My question is: I gave them a 45 day notice last month and paid for this month in full ' the last month on my lease' and they put the house up for rent. They found a new tenant which is great. The landlord knows I was planning on moving out on the 16 of September well the new tenant wants to move in on the 20th of September. I had no problem with this and when I asked for a pro-rated rent only IF the new tenant moves in before the first she refuses to budge. She is claiming she can not give me a prorated amount based on tenancy! I have $2700 in deposits and don't know if I should fight this issue but I don't thinks its far for them to collect double rent! Or for me to pay to let someone else live here. Should I tell her I won't be moving out till the 30th and screw them out of a tenant? If I do that will there be plenty for me? What can I do? I'm in NV
What the LL is planning on doing is absolutely illegal and in my opinion you should tell her so. Under no state landlord tenant laws is she allowed to double-dip and she must pro-rate your rent accordingly.
As far as your security deposit goes, if you go to the first "sticky" on this forum you'll probably find a link to NV landlord tenant laws. Go to the section on security deposits and you'll see that the LL has a certain period of time (usually 30 days but it'll be spelled out) in which she must return to you your full security deposit less any documented itemized deductions for cleaning or damages.
By the way, I don't know whether her conversation with you about this new tenant was in writing or orally but, if the latter, you'd be well advised to send her an email documenting the conversation and telling her that although you plan on leaving on the 16th you are paid through (whatever date it is), that she's not legally permitted to double dip and that your rent for 20th through (whatever date) must be prorated and returned to you.
She's probably just ignorant of the law. Good luck - I doubt you'll have a problem once she looks into it.
Did you actually tell them you were moving out on the 16th when you gave your notice? Regardless, your LL can't collect rent from two people at the same time.
Honestly, you are 100% witn your rights to stay until the last day of the lease. If they want you out early, by all rights, they should negotiate that openly with you and provide at least something in consideration for you doing them a favor. Whether that's money in addition to stopping the rent or expedited rerun of security deposit, whatever. But no way should you be moving out early and having to pay for time you are not there.
Personally, I would probably wait till I got my deposit back before bringing up the prorated rent again .
Then I would get a lawyer to write the LL a letter, requesting a refund for the days of overlapping rent.
Also, make sure the LL inspects the place and gives you your deposit back before the new tenant moves their first box in. Sleep on the floor if you have to, until this is done, to make sure no-one moves in. And take lots of photos.
You don't want to get into a sit where you are paying for damage -- or even dirt tracked in on the carpet -- from the new tenant. If they have friends helping them move, the place can get very dirty very fast, and carpets are expensive to clean.
I called her last month on the 16 b/c we needed a reference from her to our now place. My husband got a job transfuse so we have to move a crossed the state. She gave us a glowing review. I told her then we will not be signing a new lease and she was fine with that. I also sent her a letter on Sept first with the official 'in writhing' 30 day notice we where leaving that she requested. So she has had the place on the market since the 18th of last month. I have done All my correspondence via email so I have a record. I have been very nice this is her last email to me:
We will not pay you back prorated amount for future tenant. As I stated. I am taking the chance to rent it and I could wait and not accept her. But I am the one taking the chance and liability that she may lose her job, not pay the rent or break the lease. It's life things do happen. She is the only person to pay the rent. If she loses her job she will not be able to pay the rent. But I'm being optimistic and taking a chance. She's a nice person and I always want to give people the benefit of the doubt. So we cannot prorate the rent and give you the benefit while I take the liability. What if after 2 months she loses her job and cannot pay. Am I going to call you and say Allison please give the prorated rent back because tenant is not able to pay the rent. I hope you understand our position. Thanks Karen
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Also, make sure the LL inspects the place and gives you your deposit back before the new tenant moves their first box in. Sleep on the floor if you have to, until this is done, to make sure no-one moves in. And take lots of photos.
You don't want to get into a sit where you are paying for damage -- or even dirt tracked in on the carpet -- from the new tenant. If they have friends helping them move, the place can get very dirty very fast, and carpets are expensive to clean.
As pointed out earlier, the LL legally has a certain period of time (usually 30 days) after quit in which to return the security deposit, so this scenario doesn't work. A standard walk-through prior to move-out is normal and is the time for the LL to either sign off that everything is left as it should be or point out any deficits which the tenant can address prior to handing over the keys.
I am taking the chance to rent it and I could wait and not accept her. But I am the one taking the chance and liability that she may lose her job, not pay the rent or break the lease. It's life things do happen. She is the only person to pay the rent. If she loses her job she will not be able to pay the rent. But I'm being optimistic and taking a chance. She's a nice person and I always want to give people the benefit of the doubt. So we cannot prorate the rent and give you the benefit while I take the liability.
OMG, this is the most bogus thing ever.
She is the LL, the risk is hers to take. You don't own the place and you don't get the profit, if any, from it. So you do not share the risk.
She does sound like she is absolutely clueless, rather than evil.
Quote:
Originally Posted by STT Resident
As pointed out earlier, the LL legally has a certain period of time (usually 30 days) after quit in which to return the security deposit, so this scenario doesn't work. A standard walk-through prior to move-out is normal and is the time for the LL to either sign off that everything is left as it should be or point out any deficits which the tenant can address prior to handing over the keys.
A sign off would be find (and was in the first draft of my post ). The point is, get something on paper -- either the actual deposit or a written dealibop saying what you will be charged for and that there is no other damage -- before anyone moves in. Because she sounds much too flaky to rely on, otherwise.
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