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.
We moved with 3 months remaining on our lease. We had problems with a neighbor who was spraying my dog with insecticide and throwing chicken bones over the fence, causing my dog to get very sick on multiple occasions. The neighbor said our dog growled at him from behind the fence and he had concerns the fence was rotten and would give way and our dog would attack him (or his cat). At one point he tried to push his way into the house and we had to call the police and subsequently filed a police report. We had a 2 month old baby at the time and it was just too much to have to deal with.
We made our best efforts to get the property rented, showing it to over 30 people, all documented via email. Most of them stated it was overpriced for the market and asked if the landlord would accept less for rent. The landlord informed us that either we could sublet, and be held responsible for any damage caused by the subletters, or it had to be rented at the full rate. We didn't feel comfortable with the subletting scenario presented to us, so we were only willing to find new renters. We moved out and the property remained unrented for 3 months, in spite of the fact that offers had been made to them for less rent.
Question #1: Do we have any chance fighting the 3 months rent in court? I have emails from two people stating they offered lesser rent and were turned down.
In addition, they did not return our security deposit within 21 days. They stated that it would be returned once possession of the property ended, which they considered the end of the lease. We told them the deposit was due within 21 days of vacating, not the end of the lease. They kept it anyway, then when the lease expired, sent a letter stating they would be keeping it in entirety for unpaid rent. If they had given us our deposit back within the 21 days after we moved, it would have only been a half month's rent, not 3 months.
Also, they claim the floors had to be refinished, that yardwork had to be done (in the amount of $280?), and claim there was flea infestation (my dog is on Advantix) and even want $60 for a "rent board" fee. We received notice of these deductions to our deposit 3 months after moving out.
Question #2: Can we refuse to pay for any repairs based on the fact that we didn't receive this notice within the 21 days of vacating? They also didn't provide any invoices, just an itemized list of deductions.
As long as you can prove you gave proper notice and surrendered the unit... the clock starts at that time...
My experience is the 21 day statute requires either the return of the deposit or an explanation for any amount not returned.
Breaking the lease starts you out in a bad position... unpaid rent on a lease can be deducted as long as a good faith effort is made to re-rent the unit...
Sounds like over 30 showings meets the definition of a good faith effort.
Your second point is the rent was too high... I don't think it's valid unless the rent asked is more than you were paying.
I've seen tenants sue because the landlord lowered the rent to get a unit rented and then deducted the difference from the security deposit... the landlord won because the tenant broke the lease and the difference is a tangible loss.
As always... you should only rely on advice from an attorney that is representing you.
A Landlord doesn't have to agree to take lower rent due to the OP breaking the lease. If the OP didn't give proper notice and even if they did they are still liable for the rent amount till the lease is ending. The LL was willing to mediate a solution which you couldn't perform on so IMO the OP is laible for all funds owed to the LL.
The deductions are hard to give an opinion on you need to see the pictures of how the situation was on moving in and moving out.
The yard work might seem high but it can include labor, fertilizer, etc. To mow a yard it might cost $ 25.- for one time, but if weeds need to be pulled, plants need to be replaced...then it is a different issue.
It depends on the wording for your state's law. For example, in Idaho, the 21 days starts upon the end of the lease. Since the lease is a bilateral agreement, and the LL didn't agree to terminate it, the 21 days wouldn't start here until the end of your lease time, even though you had vacated.
In addition, the LL shouldn't be expected to release money to you when you are still responsible for paying them additional months until the place gets rerented. That is the point of the deposit, to cover unpaid expenses. You said " If they had given us our deposit back within the 21 days after we moved, it would have only been a half month's rent, not 3 months." You do understand that you would still have owed that 3 months, right?
You mentioned that they didn't provide invoices. Again, it depends on what your state requires. Idaho only requires an itemized list of expenses, which you said you were provided.
You would be responsible to maintain the unit the same as if you lived there during that time, including utilities, lawn maintenance, etc. Oh, and since you had a dog, it is possible that lawn maintenance included cleaning up doggie leavings, and refilling holes. We almost always have those expenses with dog owners. They can easily add up to a couple hundred dollars, especially if we have to mow and maintain as well. Did you keep utilities in your name during the vacancy? I don't know if watering the lawn during that time of year is normal in California or not. If so, and you had the water turned off, there could be additional expense to bring the yard back to normal.
So, at this point, as I understand it, you moved out early, breaking the lease, did not continue to maintain the property, did not continue to pay rent, and now are mad that you didn't get your deposit back. My guess would be that you owe the LL for expenses + unpaid rent - deposit.
As I said, it all depends on what your local/state law says. These are just my opinions based on experience in one state. If your state says it has to be returned within 21 days of vacating, and doesn't have an exemption for breaking the lease, you could have a reasonable case.
From what you describe, I don't think you have much case.
The 'good faith effort' has to be made on the part of the landlord to assist the tenant in finding a subtenant, not vice versa. Your obligation as the tenant moving out is significantly more than 'good faith effort.' Furthermore, you could have met the LL's obligations as well as subtenant's desires by subsidizing the monthly rent and by demanding a deposit from the subtenant to protect yourself against their damages. I don't know why it didn't occur to you to take these steps but failing to do so doesn't absolve you of your contractual obligations.
As stated above, the LL is obligated to return your deposit and itemize deductions within 21 days of the end of the lease, not from the day you moved out. They did that, so no you can't refuse to pay them based on the delay in receiving your itemized deductions.
The consequences of not paying are that the LL will likely send the debt to collections, which will appear on your credit report (which future LL's will see). You could try to sue them to have that debt removed, but the burden of proof will be on you. And it will only erase the bill they've sent you for repairs, not for unpaid rent.
The sob story about the unpleasant neighbor is irrelevant. The LL isn't responsible for them or their behavior and it has no bearing on your contractual agreement with the LL.
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.
