Need help with a rental agreement....

[waterinthefuel]

I signed a 1 year lease with this home. I asked the lady specifically what would happen if something happened and I had to terminate early and she said "Well, you wouldn't get your security deposit back." That's understood. But nowhere in the lease does it state, rent once paid, is non-refundable even if the leasee moves out in the middle or beginning of the month.

Well, low and behold, due to unforseen circumstances at my old place of employment, I had to quit. So I'm moving out of this house tomorrow. I'm paid in full until the end of November but I will be vacating the property 100% by the 13th of the month. Don't I have a right to my rent being returned, pro-rated back for the rest of November? Just because I'm breaking a lease, in my opinion, doesn't give my landlord the right to keep my rent even once I'm gone, allowing her to double-rent the property for the rest of the month as if someone else moves in, they'll be paying rent from the day they move in like I had to do.

What do you guys think?

 

[Bass Tracker TX17]

Re: Need help with a rental agreement....

I signed a 1 year lease with this home. I asked the lady specifically what would happen if something happened and I had to terminate early and she said "Well, you wouldn't get your security deposit back." That's understood. But nowhere in the lease does it state, rent once paid, is non-refundable even if the leasee moves out in the middle or beginning of the month.

Well, low and behold, due to unforseen circumstances at my old place of employment, I had to quit. So I'm moving out of this house tomorrow. I'm paid in full until the end of November but I will be vacating the property 100% by the 13th of the month. Don't I have a right to my rent being returned, pro-rated back for the rest of November? Just because I'm breaking a lease, in my opinion, doesn't give my landlord the right to keep my rent even once I'm gone, allowing her to double-rent the property for the rest of the month as if someone else moves in, they'll be paying rent from the day they move in like I had to do.

What do you guys think?

IMO

You paid for the month. It's up to you if you want to be there or not.

It really depends on the wording in the lease but there are so many variables on how they are written that unless things are spelled out that you will get it back " PRO RATED" then a monthly lease is just that. Your breaking a lease.

 

[Adjuster]

Re: Need help with a rental agreement....

All depends on the wording of your lease agreement and the laws of your state. Here in Florida if you break a lease and move out you are still responsible for paying the monthly rent until the last day of your lease or until the landlord is able to replace you with another tenant. For example you sign a year lease and move in January first and then you move out February first you are still responsible for paying the remaining eleven months in your lease agreement. You are responsible for paying for the months up until the home can be rerented.

 

[roscoe]

Re: Need help with a rental agreement....

In a word, no.

You are on the hook, not only to the end of the month, but till the end of the lease. Possibly even longer if you have a required minimum notification to move out.

For example, if the lease ends on December 31st, and you are required to give 60 days notice commencing with the first of the month, then your 60 day notice starts with December 1st, and you are on the hook till January 31st.

Or, if the lease ends on Nov 30th, and you are required to give 30 days from the 1st of the month, your notice commences on Dec 1st, you would be on the hook till Dec 31st, even though the lease may have expired.

It all depends on the lease, AND state and local laws.

 

[waterinthefuel]

Re: Need help with a rental agreement....

Yes, the landlord called me a while ago and said I wasn't getting the pro-rated rent back and she said she could charge me rent until she gets new renters. Here is the problem I have with that.

This house had numerous electrical problems not mentioned in the lease or verbally beforehand when she brought us through the house. I never could dry my clothes, the dryer kept popping the breaker. Thinking it was a problematic brand new dryer, I had the service man come out and look at it. He said it checks good. I found out that this house had that issue with the last people that rented it, but the problem was never resolved. Also, we had issues with bedroom and hall lights working, then not. The electrician (a family friend of the landlord) would come and fix them, and then they'd break again. He finally got those lights fixed, but the breaker issue with the dryer continues until the day I am leaving. He came out about 6-8 times (I lost track) and tried different things and the issue was never resolved. We specifically asked what dryer hookups were available, and she happily told us that they were there, she NEVER said that they don't work because of a never-resolved electrical problem. When you run the window AC unit in the back bedroom and the microwave in the kitchen in the front of the house, it trips the breaker on that circuit. That was never resolved, I had to turn off the AC any time I wanted to use the microwave. To me, THIS is a breech of contract on HER end. If she were to try to get me to pay a DIME more for this house, I would take her to court and subpoena the electrician to testify that all of these issues were well known in this house before I moved in, and I wasn't made aware of them. It was getting to the point of where I didn't feel safe, due to the breakers tripping at every turn.

I didn't leave because of those issues, but I was definitely getting fed up with them. I feel that she should have at LEAST repaid me for the time I wont be here, considering how patient I was for over 2 months with an electrical problem that SHE KNEW existed, didn't tell me about, and I tolerated for the duration of my stay with her repeated failed attempts to fix the problem. To me, this alone would allow me to walk away from this lease.

Don't you think?

 

[1fst690]

Re: Need help with a rental agreement....

problem is that how you feel and what you choose to endure vs the contractual obligation you have is two completely different things.

just my 02 but i would just cut my loss and pray the landlord didnt take me to court for the remainder of the lease

 

[CatTwentyTwo]

Re: Need help with a rental agreement....

Have you tried offering her a set of E3 plugs and a pint of blood? I'm just saying.

 

[Beefer]

Re: Need help with a rental agreement....

You obviously didn't give the proper notice (30 or 60 days) that you were breaking your lease. You're not entitled to anything back just because of that, not to mention the lease being broken, in which case (in most states) you are responsible for the balance of the lease. She has a right to sue you for the balance of the signed contract.

As far as the 'conditions', no, that doesn't entitle you to anything back either. Your lease agreement probably has something in it about her being responsible for a level of livability. Not being able to run the AC with the microwave, or your clothes not drying are not components of livability.

You could get an attorney (doubt there is one that would take the case), and try to sue for things, but she'll probably countersue for the balance of the lease, and she will most likely win, and you would not.

This is the price you pay for not meeting your obligation of a contract that you willfully signed.

 

[marlboro180]

Re: Need help with a rental agreement....

^^^^ Yup.

And in some states, the lessor has to pay actual costs of re-renting, including advertising costs, rental agent fees, heat, electricity, etc. until the place is rented again , or until the end of the current lease. Been there, done that.

I do have a clause in my leases that allow for early termination, but it costs the tenant some money.

You are breaking the lease/ rental agreement, you lost, sorry.

 

[642mx]

Re: Need help with a rental agreement....

It doesn't matter if the house had rats the size of small humans. You signed the lease, you agreed to the terms, you are breaking the lease, and now its going to cost you. Seems real simple to me.

 

[waterinthefuel]

Re: Need help with a rental agreement....

That's not true. Have you ever watched any of those arbitration "judge" shows on TV? I've seen many defendants (or plantiffs, as the case may be) win their case based on their landlord withholding things from them, not telling them about issues (one was a plumbing issue) when they signed the lease, having an infestation of bugs (with a rent house, that stuff is the responsibility of the landlord, not the tenant, to take care of.)

Had she told me about the problems with the house I would not have signed the lease. I got screwed over by her. I could easily make the case that I did not feel safe in that house and would never have signed anything had I known all that she was withholding. Why am I the only one who sees this? I expected a safe livable house. One with breakers tripping left and right isn't safe. I bet I could easily win that case. I personally know many electricians who would say a house with multiple breakers tripping would indicate a major safety issue and to get out immediately, screw any 30 or 60 day notice. A breaker is the one and only preventative to a circuit catching on fire. I've lived in houses with breakers for 31 years, and in that time period, exactly 2 tripped, one because my dad wired something and it shorted out and the second because someone turned on a saw that was plugged in outside. Breakers tripping isn't the same as paint peeling on a wall, circuit breakers are there to prevent fire. That is NOT to be ignored. She repeated failed to fix the problem. To me, one call, saying this house is not safe and I'm moving out, would cover me in this instance.

There was no way I could have known about the electrical issues as the house didn't have electricity when I went and looked at it, even though it wouldn't have helped much.

And I'm not trying to argue, just present my case. Sorry if I come across as argumentative.

 

[642mx]

Re: Need help with a rental agreement....

But that's just it. Had she told me about the problems with the house I would not have signed the lease. I got screwed over by her. I could easily make the case that I did not feel safe in that house and would never have signed anything had I known all that she was withholding. Why am I the only one who sees this? I expected a safe livable house. One with breakers tripping left and right isn't safe. I bet I could easily win that case. There was no way I could have known about the electrical issues as the house didn't have electricity when I went and looked at it, even though it wouldn't have helped much.

I see someone who is doing whatever, and saying whatever, to get out of a lease they can no longer afford. Throwing excuses around about the house's condition is a moot point. You lost your job, can't afford the rent, and now your trying your hardest to convince everyone that you don't owe anything for violating a contract because the house had problems. It doesn't hold water with me.

With that said, I'm sorry about your financial situation, but you rented it, you signed, it all falls back on you....and not your landlord.

 

[skargo]

Re: Need help with a rental agreement....

Not worth my input.

 

[waterinthefuel]

Re: Need help with a rental agreement....

She lied to me. I can easily afford to pay the lease. I just DONT WANT TO BECAUSE I WAS LIED TO. The status of my employment is irrelevant to my case, as I WOULD NOT HAVE SIGNED THE GOD DAMNED LEASE IF I WOULD HAVE KNOWN ABOUT THE ****ING ELECTRICAL PROBLEM THAT MY LANDLORD KNEW ABOUT AND DIDNT TELL ME BECAUSE SHE KNEW DAMN GOOD AND WELL I WOULD WALK, IS THAT ****ING CLEAR ENOUGH?

Everything I have said here I would testify to under oath in a court of law. And funny, how when I asked on another forum, everyone was on MY side, and said regardless of why you REALLY left, a house with electrical problems SHOULD NOT HAVE EVEN BEEN UP FOR RENT.

So, I'm sorry, but I do feel that you are wrong on this one. Your reasoning doesn't hold water, "because I signed the lease" doesn't mean she can **** me over with absolutely any problem that house had when I moved in and it's just my ****ing problem, period. It doesn't work that way, and apparently, in doing some research, I am correct on this.

How frustrating, I figured Iboats to be a reliable source. I'd like you to show me the law that states than a landlord can withhold information about the safety of the house you sign a lease on and you still must stay with that lease, even if a reasonable individual could feel unsafe in that house.

And how DARE you say I'm making any excuse up. I can promise that under oath, that landlord and electrician would HAVE to say that I was CONSTANTLY complaining about the circuit breakers, otherwise the electrician wouldn't have been there once a week, sometimes twice a week.

Mods, please lock this thread. I'm getting MUCH more reasonable responses on another forum, thanks.

 

[JustJason]

Re: Need help with a rental agreement....

The lease is the lease. The issues the house may or may not have had are a seperate issue, regardless of what she told you or not.
You owe the lease, plain and simple, the rest is nothing but he said she said.

 

[waterinthefuel]

Re: Need help with a rental agreement....

The lease is the lease. The issues the house may or may not have had are a seperate issue, regardless of what she told you or not.
You owe the lease, plain and simple, the rest is nothing but he said she said.

I'm sorry, but you are wrong. Here is the law, or at least A law, on this issue:

http://www.mdfamilylawyer.com/legalinfo.asp?firm=3C532FA3&level=3&id=395

If the landlord fails to make repairs that affect the health or safety of the tenant, the tenant has the right to break the lease and move out.

The tenant always has to option to file a lawsuit against the landlord for breach the implied warranty of habitability if the failure to repair is a threat to the tenant�s health and safety.

If the landlord refuses to make repairs, the tenant may terminate the lease after giving the landlord a notice of the problem and demanding repairs.

Would a dozen or so phone calls over a 4 week period constitute "giving the land lord notice?" I think so!

So obviously I'm right, never mind. This thread can most certainly be locked now. I got my answer. I should have done research myself before posting on here. Sorry about that.

 

[642mx]

Re: Need help with a rental agreement....

She lied to me. I can easily afford to pay the lease. I just DONT WANT TO BECAUSE I WAS LIED TO. The status of my employment is irrelevant to my case, as I WOULD NOT HAVE SIGNED THE GOD DAMNED LEASE IF I WOULD HAVE KNOWN ABOUT THE ****ING ELECTRICAL PROBLEM THAT MY LANDLORD KNEW ABOUT AND DIDNT TELL ME BECAUSE SHE KNEW DAMN GOOD AND WELL I WOULD WALK, IS THAT ****ING CLEAR ENOUGH?s.

Maybe you should reread your first post on this thread.... you didn't mention any problems with the house until you started getting called out about being a deadbeat.

Time to grow up, if you can't stand the heat.... move back home with mom and dad.

 

[waterinthefuel]

Re: Need help with a rental agreement....

Maybe you should reread your first post on this thread.... you didn't mention any problems with the house until you started getting called out about being a deadbeat.

Time to grow up, if you can't stand the heat.... move back home with mom and dad.

Disregarding the personal attack in "time to grow up" which I could report you for but I won't, I typed the OP in the middle of packing boxes at the old house during a brief break. After reading the replies, I realized that I had left out a huge part of what I wanted to say, so late that night, after I had called it a day, I came back to this thread and explained the situation much better than I had earlier. That is 100% my fault.

I was going to let it slide if she had simply pro-rated me back the rent, I'd have let by-gones be by-gones and not brought up the whole breaker issue. But the fact that she doubled back and said she could charge me until the end of the lease, I about fell on the floor. I wanted to tell her to take her house, her breakers, her ****ing electrical problem, and shove them up her ***. That she was a lying ***** who knew that place was riddled with problems, NONE of which were mentioned in the original lease or meeting. Had she not threatened me, this thread wouldn't exist.

Basically, in a nutshell, she wants to take a shot at me, I'm going to show her I have plenty of ammo in my gun to shoot back. I wasn't going to bring it up, but since she wanted to be an *** and totally ignore the fact that I fought that ****ing old house the entire time I lived there, I was going to make sure she realized that in a heartbeat I could turn around and say that house was unfit to live in because it was unsafe, which it was, but I wasn't going to complain. I didn't feel safe there, but figured I just was nervous because all my stuff was under one roof of an old 60-70 year old house with electrical problems, but that I'd be fine.

I could have, according to Louisiana law, sent her a certified letter with the issue stated, and say she had 7 days to fix it, or I'd declare the house unsafe and proceed with the legal proceedings necessary to terminate the contract. But I didn't, I tolerated her repeated failures to fix the problem, with only one time saying, "Ok, look, I'm really getting tired of this." That's as mean as I got at any time during this ordeal. I could have been a whole lot meaner and been well within my legal rights. I'm not hard at all to get along with, I went to airplane mechanic school and got along with everybody there, no problems whatsoever. I was even well liked. (ok, so I had to take a few cheap shots because I ride a scooter, comes with the territory I guess. Some of those guys had great senses of humor and came up with some quirkly insults that almost put me in tears laughing so hard. Some of them I use today on other scooter riders so we can laugh at each other.) Just so long as you don't try to take advantage of me, mistaking kindness for weakness, we won't have problems.

A deadbeat I am not, but a pushover, I CERTAINLY am not.

And humble I definitely am, so I am not afraid to say that I owe this forum an apology for my insulting everyone here earlier. I was tired and hungry and it was just uncalled for. Definitely **** poor behavior on my part. I'm just upset this whole thing happened the way it did. It's over now though. Life lessons learned.

 

[642mx]

Re: Need help with a rental agreement....

The "time to grow up" is not a personal attack, its free advice that you should take. I've not said anything out of line, but taking the Lords name in vain is... maybe I should "report" you...lol.

 

[CatTwentyTwo]

Re: Need help with a rental agreement....

move back home with mom and dad.

Now that is just downright mean and uncalled for. What have you got against mom and dad?