Tenant signed lease, paid security deposit, cannot move in now, what next? (record, legal)
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not sure what the laws are there but here in ny its very tricky trying to hold a tenant to the lease while at the same time trying to re-rent.
if the landlord doesnt have written permission to find a tenant on the behalf of the tenant and just tries to find a tenant on his own he is deemed to have taken control of the apartment back and the tenant is off the hook from that moment on.
That's not quite true for New York; in NY, the LL doesn't need to mitigate damages for a tenant trying to break their lease. I feel what you're thinking of is that if the tenant offers up another qualified tenant, the landlord must assign the lease to that tenant and/or release the previous tenant from their responsibilities within 30 days, or give a reasonable explanation for turning down the proposed tenant. The trick is finding a “qualified” tenant since a landlord is allowed to reasonably withhold consent, and they have to give a valid reason or reasonable basis for the refusal.
So, at least in NY, it's very easy to hold the tenant to the lease until it's re-rented. The LL does no work to find a suitable replacement tenant, and they can refuse proposed tenants if they don't meet their qualifying standards, all while having no legal responsibility to mitigate damages. I can't think of any circumstance that a LL would try to find a replacement tenant for someone trying to break their lease, at least in NY.
Hi,
We had given an advance of $1875 to sublease an apartment in Daly City, California. The person in question - a Mr Frank cashed the cheque and then informed that the apartment complex management has taken objection to the sublease and that the deal cannot go through. He also said that he will return the advance rent amount after he orders a cheque in my husband's name (the principle leasee). However, he has failed to do so and now does not respond to calls or messages. We have email trail of the conversation.
In an event we want to register a formal complaint against Mr Frank, do we send him a legal notice or do we register a case with the local police.
Any help will be highly appreciated.
Regards, Mauli
The police will not get involved in a leasing dispute, that can only be tried in civil court, small claims given the low amount in dispute. You can try writing a demand letter for the return on X date, otherwise you will proceed to sue for damages. If it the funds are not returned by that date, proceed with small claims court. There is no other mechanism that I have heard of in any state to register a formal complaint aganst Mr. Frank, unless he is a licensed realtor, then you can file a complaint with the realtors board. Beyond that you can file a complaint with the Better Business Bureau, but they usually don't accomplish much other than getting your complaint in a publicly accessible file.
My tenant paid a security deposit, and first month's rent, and I gave him an extra week. He never signed the lease, he did not answer multiple phone calls or texts nor was ever there when I wanted to meet him. Now, a month later, he is moving out. He wants his deposit back. I don't feel as if I have to give it all back but wonder if I do. I will check for damages, already he has two dogs doing their business all over the yard without any pick up, so that's really bad.
If he never signed a lease then he's a month to month tenant and is required to give you notice of one month. Depending on what state you're in (you'll find state landlord tenant laws linked in the first "sticky" on this forum) you have a certain amount of time to return his security deposit when he leaves, making any deductions for damages or unpaid rent. If he didn't give you the required notice then he owes you a month's rent.
Next time around do NOT let someone move in unless a lease has been signed and all monies have been paid up front.
Most new LL are only looking at the short term issues and that is they want and need money coming in and anyone being friendly is a winner.
Welcome to the rental business!
Don't give the keys until every penny is paid upfront in cash or by money order or don't be surprised if the sob story will be given why the check bounced and why that is their first time bouncing a check.
We believe we heard every story out of any book available but there are still some new stories..not many but we rather say "oh wow, we didn't know this turned to be out to be the truth", than having to say "we should have know".
PLEASE HELP ME KNOW MY RIGHTS AND THE LAW IN WISCONSIN I, we paid a sec dep, two months before the anticipated move in date (because at the showing, the on-site leasing agent made it seem like we should be desperate after he gave the first unit he showed us to a 'favorable' girl who showed up, and said the 'other' available unit is occupied, you cant go in there now to look at it, but it looks the same and you can have it in 60 days from now... we mistakenly paid the sec dep on the one that would be available in 60 days and regretted it. so I gave a 30 days written notice that I changed my mind, and we never moved in or received keys or a written lease. the reason I changed my mind is the leasing on-site agent was rude to begin with and he lives there...and when I say he was rude, he wouldn't let my husband's information be on the lease; my husband is black from Brazil and is a legal permanent resident, and the on-site agent said that we would not get accepted if I put my husband's information on the application. my husband later understood it as being a form of 'mild discrimination' and so we changed our minds. they are now sending me letters with no refund demanding I pay the next month's rent and re-rental fees. after I had learned how they interpret the law by threatening to keep my security deposit and charge every month's rent forward, I advertised the apartment on CL, got some bites, but have no idea if the on-site agent ever showed it to anyone because I was not allowed to come to the showings. the on-site agent even said if people come, he has five other vacancies that are of priority for his income so mine would be the last to be shown because yet another five previous tenants who already moved in, wanted him to hook them up with subletting and he would get paid a side bonus.
Please help me, us. I contacted a law firm and they keep saying they will call me back when the lawyer is not at court. I don't want this to ruin my credit. I, we need the sec dep back to pay my rent where I still live. It is really hard. it was a great deal of money. Thanks you.
Signed lease on Friday gave deposit and one month rent. Monday found out job offer was now half of what was expected for pay hours etc. Called Monday to tell landlord couldn't afford to move and meet rent payments never got keys or occupied the apartment.
Landlord agrees to let me break lease but will keep monies for expenses and advertising. I live out of state and can not drive by to see if property has rent sign or if landlord is actually advertising the property.
Can I put company phone info on Craigslist saying they have apartments to rent? For all I know he could get double deposit and double rent.
Or should I be grateful that I got out of the lease?
Maybe landlord would reconsider keeping my money if he gets new renter right away. It was the only clean decent place for miles.
They don't seem to do any advertising on the web at all company does not have a website either all that I can see on Internet searches is a small ad in small local paper for very small college town.
Last edited by Needtoknow2014; 12-09-2014 at 06:19 PM..
Reason: Spelling error
Signed lease on Friday gave deposit and one month rent. Monday found out job offer was now half of what was expected for pay hours etc. Called Monday to tell landlord couldn't afford to move and meet rent payments never got keys or occupied the apartment.
Landlord agrees to let me break lease but will keep monies for expenses and advertising. I live out of state and can not drive by to see if property has rent sign or if landlord is actually advertising the property.
Can I put company phone info on Craigslist saying they have apartments to rent? For all I know he could get double deposit and double rent.
Or should I be grateful that I got out of the lease?
Maybe landlord would reconsider keeping my money if he gets new renter right away. It was the only clean decent place for miles.
They don't seem to do any advertising on the web at all company does not have a website either all that I can see on Internet searches is a small ad in small local paper for very small college town.
Really imo you got off easy if they let you out of the lease. I had a tenant who was all ready paid deposit, prorated first month, then couldn't move in. I kept the prorated rent, refunded the security deposit and let her go on her way. All I had to do is call the next person in line and they couldn't wait to take the place.
Who cares what he charges the next guy? Btw your security deposit should be refundable as it is NOT rent
Sounds like you're in a state where the LL can only charge you rent until he finds someone else, plus advertising costs, etc., if you break your lease.
How much is he going to keep for expenses & advertising? If it's fair, and he's not going to also charge you rent until the next guy moves in, then that sounds fair to me.
I don't think it's reasonable for you to expect to not have to pay something for breaking your agreement. It will cost him more time and effort to get it rented to someone else.
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keep it
