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This seems to imply that he believes he has the right to expect that the 45 day notice applies. This remains the issue to be resolved.
That might be done by showing the date sequence of the various events.
But if that detail is also ambiguous ...
The OP noted that the lease was signed "a few days later", i.e. after the email, so there is no ambiguity. Even if there were, the lease rules. Whether the amount of the security deposit is worth pursuing in court is up to the individual but that alone certainly shouldn't deter anyone from going after it. Many a potential suit is settled way before any papers are even filed. I can tell you from first hand experience that many attorneys purely by dint of their profession assume that a suit won't be filed against them and are quite taken aback when the tables are turned on them.
The OP said in the first post that, "However, I had to move and all I could give was 30 days." That seems pretty clear.
Eh. People say things like that all the time. Did the OP really have to move in 30 days? Why would someone "have" to move in 30 days and not in 45 days?
Question for the OP. What if the lease had been written with the 45 day time period instead of the 30 day period and specified the entire deposit would be forfeited? Would you have given 30 or 45 days?
Eh. People say things like that all the time. Did the OP really have to move in 30 days? Why would someone "have" to move in 30 days and not in 45 days?
Um, because when you're looking for somewhere else to live and find it, you take the new place contingent on a move-in date determined upon the date by which you "have" to leave your current place according to your lease. Then you give your LL the required notice and your LL in turn advertises the place for rent on the expectation that you will be out by the end of the lease?
Um, because when you're looking for somewhere else to live and find it, you take the new place contingent on a move-in date determined upon the date by which you "have" to leave your current place according to your lease. Then you give your LL the required notice and your LL in turn advertises the place for rent on the expectation that you will be out by the end of the lease?
What you said doesn't at all mean the OP "had" to move in 30 days. You can sign a new lease that starts in 45 days. Or 90 days. Or however many days you want. You make it sound like it had to be 30 because his current lease says 30 days.
I was asking why it had to be 30 days and not 45 days.
Because the OP gave her 30 day notice to the LL as proscribed in her lease. As far as signing a new lease which starts in 45 or 90 days, it's extremely rare to come across a LL who'll hold a rental for more than a couple of weeks without any rent being paid. I'm not sure why you're arguing such basic logic.
Because the OP gave her 30 day notice to the LL as proscribed in her lease. As far as signing a new lease which starts in 45 or 90 days, it's extremely rare to come across a LL who'll hold a rental for more than a couple of weeks without any rent being paid. I'm not sure why you're arguing such basic logic.
I'm trying to get at the facts. Was there some reason why the OP had to move in 30 days vs. 45 days other than that is when they had a new lease start.
I have signed several leases that started more than 30 days in the future. Doesn't seem like a big deal to me.
Personally if I had sent an email at some point saying I would give 45 days I would do everything in my power to give 45 days regardless of what the lease said. Now if there were reasons I couldn't give 45 days (which is what I am asking the OP) then that would be a different story.
I'm trying to get at the facts. Was there some reason why the OP had to move in 30 days vs. 45 days other than that is when they had a new lease start.
I have signed several leases that started more than 30 days in the future. Doesn't seem like a big deal to me.
Personally if I had sent an email at some point saying I would give 45 days I would do everything in my power to give 45 days regardless of what the lease said. Now if there were reasons I couldn't give 45 days (which is what I am asking the OP) then that would be a different story.
Doesn't matter what the reason is. The lease said all I had to go by was 30 days. I don't care what the e-mail said; the lease came after and therefore overrides the e-mail.
I moved because I found a new place and they couldn't hold it for me and I didn't want to pay rent at two places.
The lease said 30 days so that is all i had to honor. I don't feel like I have to honor what I wrote in a CASUAL EMAIL. The LEASE is the LEGAL DOCUMENT and was SIGNED AFTERWARDS anyways.
Yep, my word don't mean a thing. As long as I honored the ACTUAL LEASE which I SIGNED then that's all that matters. THE LEASE SAYS 30 DAYS is all that's needed.
a lease is a contractual obligation between to parties. There are certain laws that govern contracts one of them being that both parties must execute the agreement.
Your signature and your landlord's signature is on the lease. Your signature, however is NOT on any email that pertains to changing the terms and conditions of that lease. Emails are not secure correspondence, your landlord has no way of knowing that the email in question was sent by you.
If he keeps your deposit BASED UPON THIS ISSUE then you can take him to court and he will not have the documentation to back up his claim. On the other hand, if he keeps part of your deposit based upon some other matter, that is a different story.
I would certainly make sure that you document the condition of the property when you move out. Take lots and lots and lots of pictures because if he cannot keep the deposit amount by saying that you agreed to give him 45 days, you can bet he is going to try to keep it by saying there was damage or he had to pay to have it cleaned up. Photos will be your only defense. (When you take photos, bring a couple of people with you who can TESTIFY that the pictures are accurate and have not been photoshopped.)
Good luck with this one.
20yrsinBranson
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