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not only can’t landlords double dip here once an apartment is rerented , but they can’t just go in and fix and paint to rerent if they are claiming they are holding the tenant to the lease .
with written permission from the tenant you can put the apartment up for rent to mitigate their damages and turn control of the apartment over to them
however a tenant could declare bankruptcy and owe you nothing if you try to hold them to the lease .
my ex wife got over on a big development here in queens ny when she had to break the lease .
they tried to bill her two months rent covering the time it took to re-rent it .
however on the advice of an attorney friend she blew their chance out of the water .
what she did is send them a registered letter that on a such and such a date she would be surrendering the keys to them .
they filed it away as expected never responding .
when the day came , she returned the keys , left them instructions for where to mail her security deposit and that was that .
well they billed her 2 months later .
that is when her attorney friend notified them that they inadvertently accepted her terms of surrender by not responding .
the mgmt office thought it was a joke , they never heard of such a thing .
they checked with their legal counsel and yep my ex pulled the wool right over their eyes .
they also went in to the apartment the next day and started painting and fixing to re-rent .
they were advised that they cant double dip . they are deemed taking back control of the apartment by just going in and working . they can’t claim it’s still her apartment yet take the apartment under their control .
they cant fix and re-rent while still trying to hold the tenant to the lease .
without written consent from the tenant to mitigate their damages it is deemed they are doing it for themselves .
ny surrender and control laws forbid double dipping
many other states have surrender and control laws which fall under their operation of law , so one needs to see what’s legal in their state before putting it in a lease.
these laws are not usually things the common man knows about , these are legal moves by sharp attorneys
Last edited by mathjak107; 03-10-2024 at 11:11 AM..
We found out about this last year when my ex-husband passed away. He didn't have any money or a will and I helped my son clean out the apartment immediately. We left it spotless and turned in the keys and told the manager about his passing within 3 days. There were still 2 weeks left in the month.
We were surprised when the manager told us the rest of the lease had to be paid and just flat out told him, there's no money, no will, the apartment is clean and ready for you to go in and get it ready to rent. Thankfully they never went after my children for any money. No idea if they also had a security deposit or how long the lease was.
I find it odd how some people love to brag about how they cheated the people they deal with and got away with it. I guess we are supposed to think they are clever and not think that they might be dishonest, or at the very least, slippery to deal with so be careful around them.
Looking through news reels yesterday I came across this. A woman in Colorado family got her rented into a senior apt complex. The woman unexpectedly passed away and the management company Greystar, one of the largest in US sent the family a bill for over $4k plus they were keeping her security deposit as her death constituted early lease termination!!!
Apparently this was buried somewhere in the lease.
Greystar is right up there as a predatory corporate blood sucking goons. The founder Robert Faith is a billionaire.
I know people feel government should stay out of business but who else has the power to reel these predatory corporate bloodsuckers in?
Grey star has several lawsuits in a few states pending over their predatory practices.
READ READ then read again your lease before you sign it, especially if you're a senior or if you rent from Greystar.
I'm aghast that someone feels contracts need not be enforced. So, it's ok to obey some laws and some contracts, but not the ones you don't like?
The woman died. The landlord is due his contractual monies. Do you think that if the woman's funeral was on Monday morning, the management company was able to rent the apartment on Monday afternoon?
From your description, it appears as if the family stashed her in the apartment ("Colorado family got her rented into a senior apt complex").
The family has already decided that they want to keep as much money as they can. The family agrees that the lease says they are responsible for paying rent, but that they don't agree with the lease (which they signed willingly) and they won't pay. They don't care about the law.
"Legally, it appears, the company is in the clear. Colorado law says if the lease stipulates that tenants are responsible for fulfilling the terms even in case of death, that’s enforceable. The family, though, says there are moral considerations that outweigh the rules of law and it does not intend to pay."
I find it odd how some people love to brag about how they cheated the people they deal with and got away with it. I guess we are supposed to think they are clever and not think that they might be dishonest, or at the very least, slippery to deal with so be careful around them.
wrong .
using the laws that are on the books TO BE USED is cheating no one .
it is no one’s fault but their own if they are operating a development or rentals in their state without fulling knowing the laws
you can’t claim it is the tenants apartment yet go in and take possession of it without their consent .
you can’t ignore what tenants tell you when they notify you they will be breaking the lease
it’s no one’s fault but their own for being ignorant of these facts
it is no different then your fair share of taxes is the lowest amount you can get them with the tools and laws left in place to do so .
some people have smarter accounts and better informed attorneys.
not understanding the laws can be used against them when they are utilized in a legal fashion by a tenant is no one’s fault but their own
Last edited by mathjak107; 03-10-2024 at 01:41 PM..
I knew it was going to be some super left leaning source.
Like this source better? Is this source more upright or less left-leaning?
Colorado law says a lease is nullified after a tenant dies, unless the lease says otherwise, then the lease prevails. In this case, Farrer's lease did stipulate that she would be held to the lease terms even in the event of a death.
"Despite the legality of Greystar's actions under Colorado law, which allows for the enforcement of lease terms in the event of a tenant's death, the bereaved family argues the company's practices lack moral integrity. "
How do they collect from a dead person with no family? Before you sign the lease are you required to list someone who might pay in that event? If you didn't list a name would they refuse to rent to you? Interesting to ponder.
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