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My husband is being transferred to TX in 2 weeks. When we first got word of the potential transfer we advised our LL. This was on the 3rd of June. LL responded by stating that he doesn’t want to take an opportunity away from us. Well apparently as time went on he became a bit frustrated I guess (which we can somewhat understand) First LL told us that he’d put a “For Rent” sign out, and our lease would be termed once a new tenant leased. He later called us and asked us to pay $1100 to get out of our lease. My husband’s response was “we don’t even owe you that amount in rent when you consider the sec deposit.” LL asked when our lease is up (?) We quickly advised that our lease is formally up on 8-31. LL then asked if we have a copy At this point LL became belligerent. Yelling and advising that we are breaking our lease therefore our deposit is forfeited. (What?) We’ve advised OVER & OVER that we will pay July’s rent in full, and would like to apply our deposit to August rent (this place is in the same condition as when we moved in) I steam clean the carpet regularly wipe away scuff marks etc.
We sent him a cert. letter stating that he is not to rent this property out until 9-1-08 if we were to pay July & August rent. We also stated our final request for a walk thru before we move out. LL is STILL refusing to do walk thru. States that we should just trust him. (yeah right) Which is why we’d rather have the deposit applied to August since we’ll be in another state. LL became even more upset. Did not return our calls for days….after another yelling match with my husband and no conclusion, no walk thru insight…. I decided to take pics of the property and post it on Craigslist. We’ve had around 40 potential applicants and have forwarded several to LL….he decided to hire a realtor…so we’ve been forwarding them to her…LL now seems to be turning people down left and right. States that he wants someone that will commit to a long term lease. So I guess that is his right…but I am about ready to walk away from this place and have him just keep the deposit. With a small cleaning (to appease the new tenant) this place is ready to rent. The even funnier thing about this situation is that he is allowing us to show the property while he hasn’t seen it in about 10 months or so….yet he still wants to do walk thru BUT after we’re gone ????
Sorry so long......What would you do? We are in TN.
Sounds like a landlord who's frustrated at losing good tenants and not reacting appropriately.
1) Its generally bad form to use your sec. deposit as last month's rent. Though, if you're concerned if you'll get the deposit back and moving out of state... its hard to say.
2) Document everything with this landlord. Stop having conversations on the phone, do it via e-mail or certified mail.
Some questions:
1) Do you have a copy of your lease? And DOES it state that it ends 8-31?
2) Are you planning to move mid-july and pay rent for the entirety of July and August?
Some words of advice:
1) The landlord cannot legally collect rent from two tenants at the same time. Aka, if you move out in july and he finds a tenant for august, he has to refund your money (I believe. This might change state to state)
2) Read through your lease. There may be a clause in there that if you break the lease in some regard, the landlor keeps the deposit. It might not hold up in court if there is a law in your state against it.
3) Tennessee Landlord Tenant Laws and Statutes <-- A quick google search turned up this site, and they appear to have a few good links or numbers to call. Research your state's laws, and determine what can and cannot happen.
If I were in your situation, I'd try to convince the landlord to accept July as your last month, and if he is unable to find a tenant for August, charge you for august (as its in your lease), but if he can... then to refund your security deposit, or portion there of.
If he's talking to a realtor, have the realtor do a walkthrough with you so that you have another source if he decides that he wants to keep your deposit.
Oh, one last thing... I believe you might be responsible for damages to the property if you are currently leasing it and you aren't there. Aka, if something happens to the property from vandalism, squatters, etc... the landlord could potentially hold you liable.
Sounds like a landlord who's frustrated at losing good tenants and not reacting appropriately.
I agree.
Quote:
Originally Posted by Radek
Oh, one last thing... I believe you might be responsible for damages to the property if you are currently leasing it and you aren't there. Aka, if something happens to the property from vandalism, squatters, etc... the landlord could potentially hold you liable.
This is a good point. We didn't think about this at all. Since LL is acting so terrible we've kept up very good communication with the realtor. She seems to want to get a tenant in here ASAP. Realtor informed this morning that the last applicant is a perfect potential tenant...good credit, good reference, stable job etc.... She wants to move in July 15th..Realtor sees no reason for denial. Perfect!! Fingers crossed.
I do realize that it is generally bad to use deposit for rent, but in TN the deposit is supposed to be held in a seperate account for that sole purpose.
Given the fact that we are moving out of state it is our simple request. Mainly due to his behavior....we'd like to be done with this...hopefully this one will work out
I do realize that it is generally bad to use deposit for rent, but in TN the deposit is supposed to be held in a seperate account for that sole purpose.
Most states require that its held in a seperate account. however, they don't usually specify that it can be used for last month's rent. (you may be correct about TN though)
Thanks. She's approved...finally . Of course she plans to live here for a long time. The applicant is a 53 yr old divorced woman so I do believe that she is looking for a place to settle. Exactly what LL wants. Great we're all happy!
On the other hand. We are moving out on the 12th. Applicant would like to move in on the 15th. Of course LL needs time to do some fixing (normal wear & tear things seeing that she plans to stay a while) I know that our lease will term once she the applicant signs. So my question is if her lease starts lets say on the 19th, we're out on the 12th, and LL takes the 13th -18th to fix up some things do we have to pay the rent from the 13th - the 18th? I would guess not as I don't believe that LL should be entitled to collect rent while he is getting a place 'rent ready' based on normal wear and tear.
If I were the LL, I'd be happy as a pig in slop!!!! Don't pay July's rent, the deposit will cover it. Send a certified letter explaining your moving on the 12th and a new tenant in on the 15th. The security deposit will cover the rent. 5 days to fix up and get ready is acceptable and rent should not be collected for that time.
Keep all the certified letters and if he reports owning money to credit agencies, you have proof that you do not owe any money. Let the LL know what you are doing. He won't bother to go to the expense of trying to collect more rent. He is being a horses patut.
Welcome to Texas. It's always better here.
My situation was similar. I left mid lease, notified the LL, put up a for rent sign myself, interviewed many prospects, found 3 that said they'd take it, gave the LL all their info so he could contact them so they could move in on day I move out.
You know what...the LL still wanted to keep my deposit! Because I was breaking the lease he says.
I haven't gotten it back.
But, if you pay your rent, your LL cannot rent it out.
But too, if you pay your rent for July and have only one month left...just let 'em keep the security deposit. Nothing lost on your part and nothing on his. He won't be able to sue as he has no loss.
Exactly! LL called my husband and demanded that we pay July in full. Per his realtor the new tenant's lease starts on the 18th. The 18 days is covered in our deposit and then some. He won't see another dime. As you stated he has no loss; his case would be dismissed. In fact he'd be ordered to refund us!
LL simply prefers to use the old LL bully tactics vs state statutes. I feel bad for his uninformed tenants. I could care less if he walks thu or not. Yesterday realtors husband came by to pick up for rent sign. That's two people that have come by that do business with him.
The new tenant viewed this place too....nothing to stand on in court if this went there. He obviously doesn't do too well with the feeling of losing....
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At this point LL became belligerent. Yelling and advising that we are breaking our lease therefore our deposit is forfeited. (What?) We’ve advised OVER & OVER that we will pay July’s rent in full, and would like to apply our deposit to August rent (this place is in the same condition as when we moved in) I steam clean the carpet regularly wipe away scuff marks etc.
. Of course she plans to live here for a long time. The applicant is a 53 yr old divorced woman so I do believe that she is looking for a place to settle. Exactly what LL wants. Great we're all happy!
Per his realtor the new tenant's lease starts on the 18th. The 18 days is covered in our deposit and then some. He won't see another dime. As you stated he has no loss; his case would be dismissed. In fact he'd be ordered to refund us!
