Landlord trying to collect rent for time we wont even be living here...

[confuzed25]

So I signed a 1 year lease back in August....but in the lease it stated you could leave before a year as long as you gave a month notice and you had to forfeit your security deposit. Well I just bought a house and let my landlords know (its a guy and his wife) over a month ago that we would be out sometime around the 1st of April but it was subject to change depending on how fast the homebuying process goes. That said that was fine, etc etc. Well I kept them posted about how things were going with the house and I let them know that my roommate and I would be leaving this Friday the 19th. Rent is due on the 15th so we are only staying 4 days over the time rent is due. I did not send them any rent money because for one thing they are keeping my entire security deposit which is almost $700. For another thing we were perfect tenants. We never bothered them about anything and always paid our rent a day or two in advance. Also, this place is in perfect condition. For another thing our landlord was to do snow removal and he completely slacked on that. We were stuck in the driveway multiple times this year and had to dig our way out and had to have our parents take us to work and pick us up. Also, my landlord will text me and give me like 3 hours notice that he is bringing people over to show the apartment. He doesn't care what we have going on, he gives us a very short notice and brings people over. Then today he texted me at 2:30pm asking if my roommate or I was going to be home because he was showing the place at 6pm. I told him we werent going to be home and I would rather him not do it today because the place is torn apart from us moving. Well my roommate came home early from work today and found him and some other people standing in her bedroom. He showed the place anyways even though I asked him not to and no one was home.

 

Well tonight I get an email from his wife who said I owe them half the month's rent to cover up to April 1st. I told her we will be out this Friday March 19th. She said it doesnt matter, I still owe them up to April 1st. I dont understand what are my rights here??? Do I have to pay for 2 weeks rent even though I will only be staying here 4 extra days? And they are keeping my security deposit....please help me out here because I dont think this is right.

[nicki.nicki]

i'd work out from what you pay them a month in rent - find out what it works out as for each day - then pay them for 4 days that your over. Otherwise i dont see why you should pay for time your not there - considering you have given them plenty of notice.

 

you might be able to see a lawyer or something to see what your rights are. Dont just believe these landlords, find out and know where you stand. That extra money they want you could use towards the house/move.

[Sn0man]

There is usually a residential tenancy dept you can contact about such matters - check your blue pages or online for your area.

 

As the above poster said, i'd give them a check for the 4 extra days and move. When you talk to the residential tenancy people, be sure to mention that your landlord was in your home without your permission.

[orchidrose]

Do you have a formal lease? If you do, what exactly does the lease say about moving out prior to the one-year mark? If there isn't anything specifically in writing regarding the payment of rent if you move about before the year is up, it's going to be tough to get him on anything.

 

As far as the bringing people over to show the place, that's something that's typically in writing somewhere. On my lease it states that my management company must give 24 hours notice prior to showing the apartment. If there isn't something in your lease, check around for landlord/tenant laws in your city/area. There's typically some sort of guideline listed there, as well.

 

There isn't really much you can do about him showing the place without your permission, though. You can't sue him; you wouldn't get money in court. It's just a pain in the butt that you'll likely have to deal with until you formally move out. Honestly, I think it's probably easiest to just pay the few extra days of rent and move on.

[confuzed25]

my biggest concern is that they are trying to get us to pay for 2 weeks when we are only going to be here 4 days....

[orchidrose]

my biggest concern is that they are trying to get us to pay for 2 weeks when we are only going to be here 4 days....

 

Right. It sucks, but honestly, if you did want to pursue something legally, you're going to have to a) pay for the 2 weeks, b) find a lawyer and hire him, c) go to small claims court, d) fight with a landlord who presumably doesn't have anything in writing, but neither do you.

 

The price of an attorney and missing time from work to pursue legal action alone is going to be more than the 10 days that you're paying extra for.

[confuzed25]

i dont agree that i would have to pay the 2 weeks...why should I? I gave them over a month's notice we were moving....ive been a great tenant....im only staying 4 days that are unpaid for. Nowhere in the lease does it say you have to pay half a month rent even if you dont stay a whole extra half a month. They would have the same issues with money and taking off work if they took me to court. Why would any judge rule to have me pay them for time I am not even there? They never told me I would have to pay a half month rent....nothing was ever discussed about it. They just assumed I would pay half a month and when it didnt come then they questioned me where their money was.

[d24]

actually legally i think they're entitled to ask you to pay the month in full as staying 4 days over constitutes an additional period, which by your admission is monthly rent.

 

Remember you're asking for a freebie - nobody likes a freeloader no matter how good a tennant you were.

 

Saying that, I'd offer them the 4days worth of 28 ($700) so that's what... $100 .... offer them that in writing and if they say no, go live in a motel or with a friend/family for a few days, it'll probably be cheaper in the long run

[orchidrose]

i dont agree that i would have to pay the 2 weeks...why should I? I gave them over a month's notice we were moving....ive been a great tenant....im only staying 4 days that are unpaid for. Nowhere in the lease does it say you have to pay half a month rent even if you dont stay a whole extra half a month. They would have the same issues with money and taking off work if they took me to court. Why would any judge rule to have me pay them for time I am not even there? They never told me I would have to pay a half month rent....nothing was ever discussed about it. They just assumed I would pay half a month and when it didnt come then they questioned me where their money was.

 

I completely understand, and I know it's very frustrating. I'm just saying that I don't really see if it's worth you time to take them to court, given the fact that that will cost above and beyond the cost of paying a few extra days of rent. If you feel it's appropriate and worth it, go for it. But again I ask, what exactly is in writing?

[Sn0man]

actually legally i think they're entitled to ask you to pay the month in full as staying 4 days over constitutes an additional period, which by your admission is monthly rent.

 

Remember you're asking for a freebie - nobody likes a freeloader no matter how good a tennant you were.

 

Saying that, I'd offer them the 4days worth of 28 ($700) so that's what... $100 .... offer them that in writing and if they say no, go live in a motel or with a friend/family for a few days, it'll probably be cheaper in the long run

Brilliant idea