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can lanlord keep deposit and also collect additional rents?

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mkathyf

Member
What is the name of your state (only U.S. law)? Ohio

Lease is up in November 2015...requires at least a 30 notice of non-renewal.

On May 15, 2015, I sent a letter/email to the property manager (after speaking with her), to let her know that I will not be renewing my lease upon expiration in November. I went on to say:

HOWEVER, if we can work together, I would like to terminate my lease and vacate the premises as soon as possible; but only without penalty. (This would require renting the apartment to a new tenant, prior to my contract expiration date)

THEREFORE:, if the _____ has the opportunity to rent apartment 1408 prior to the expiration of my lease, I will be willing and able to vacate the premises after receiving a 30 day written notice; which will also serve to fulfill my lease obligations.
Note: I may be able to oblige a move- out with less notice, as I did while living in apartment 609. However, that will all depend on how much time and how quickly I can make arrangements.


Whichever of the above mentioned occurs first, it is agreed and understood that I will have fulfilled my contract obligations, and will not be responsible for further rent if/when a new tenant moves in prior to the expiration of my current lease or once my current contract expires; whichever comes first. [/I][/I]

So....the landlord did not respond in writing, but did call me and said all was good and to let her know when she can begin showing the apartment. She also mentioned that usually there is an advertising fee, but that it probably wouldn't be applied because she already had some people interested. (waiting list).
She rented the apartment within 5 days and told me I needed to be out by June 20 because the new tenant wanted to move in June 27. I agreed.

Now, she is "hinting" that, because I have broken my lease, I may not receive my deposit AND she will probably charge $125 for advertising, AND she reminded me that (per my lease) that if a lease is broken early, then tenant has the option of paying until the apartment is rented or paying for 2 months + forfeit deposit, to relieve any contract obligations.

Can she keep my deposit (less any necessary repairs/painting), if she asked me to move out by June 20 (I paid my full rent for the month of June), and can she charge me for advertising and also additional rent?

He is what the contract says:
move out notice: at least 30 days written notice of intent to vacate......
broken lease expenses: if resident breaks lease without Landlord's written approval, resident agrees and understands that he will be responsible for rent until the expiration of the lease period or until the suite is re-rented plus legal expense, collection, repair and cleaning expenses, and forfeit his security deposit.
early move out: if resident moves out before the end of the lease term without landlords written approval,************** resident shall remain liable for future rents and shall be charged for the costs of reletting.....
 
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FarmerJ

Senior Member
Make darn sure you get the termination agreement in writing from them since your lease says what they want to do when they do not grant written approval, take a lot of pictures that are dated of how nice and clean you leave the place and have them printed out , then see what they do after you have moved out, If you cant do it your self then have a friend or neighbor you were on speaking terms with let you know when it appears someone has moved into the apartment ( so you have the aprox date they moved in too ) deposit funds ( in the end I guess if you had to argue it in court the lease copy itself is the bible in this matter and they cant just whip up new terms and if they wont its a total crap shoot as to how it can turn out. Get that email printed and then make extra copy and send via certified mail then STOP USING email and use only on real paper letters from now on.
 

Gail in Georgia

Senior Member
What your own lease that you signed states (hopefully you read this prior to signing)

"He is what the contract says:
move out notice: at least 30 days written notice of intent to vacate......
broken lease expenses: if resident breaks lease without Landlord's written approval, resident agrees and understands that he will be responsible for rent until the expiration of the lease period or until the suite is re-rented plus legal expense, collection, repair and cleaning expenses, and forfeit his security deposit.
early move out: if resident moves out before the end of the lease term without landlords written approval,************** resident shall remain liable for future rents and shall be charged for the costs of reletting....."

"Now, she is "hinting" that, because I have broken my lease, I may not receive my deposit AND she will probably charge $125 for advertising, AND she reminded me that (per my lease) that if a lease is broken early, then tenant has the option of paying until the apartment is rented or paying for 2 months + forfeit deposit, to relieve any contract obligations.

Can she keep my deposit (less any necessary repairs/painting), if she asked me to move out by June 20 (I paid my full rent for the month of June), and can she charge me for advertising and also additional rent?"

An ironic question since you are the one breaking the lease and your landlord has done her share to mitigate to issue. Makes one wonder why a landlord goes to the trouble of attempting to remedy the situation instead of simply sitting back and collecting the remaining months of rent.

Look; if you're wondering if she spent money to advertise the place to find a renter to help YOU out, ask her.

If you want to avoid additional charges for damages above normal wear and tear, make sure the place is clean and undamaged and take pictures of the condition of the rental unit at move out for evidence.

Gail
 

mkathyf

Member
Notice was given that the lease would not be renewed in November.
They get calls all the time inquiring about space for rent (prime area downtown apartment building).
IF someone inquired and IF they were interested, then I would move out sooner rather than later. Otherwise, I was staying in the apartment until the end of the lease; she and I both know that the move-in rate in November/December/January is lower than during good weather.
Have lived there several years and have a good relationship with the management. Was in a two bedroom for a year; then went month to month until a 2 bedroom opened up. She had someone who wanted a one bedroom and a two bedroom opened up so I did HER a favor and moved within 3 days of her asking me. So, we have both tried to help each other out over the years.

Getting anything in writing from the landlord is next to impossible. She prefers the phone. Her response to my notice to not renew was in the form of a phone call and not a letter. It usually takes about 4-6 days for her to return any phone calls. Kind of frustrating.

But, since she had a person interested in my apartment and asked me to move out by the 20th, instead of the end of the month, I believe we are doing each other a favor.

My biggest confusion is that she gave her permission for me to leave early....now she is talking as though she will still treat this as if she didn't.
I guess I could always decide to stay until November.
 

Gail in Georgia

Senior Member
"IF someone inquired and IF they were interested, then I would move out sooner rather than later. Otherwise, I was staying in the apartment until the end of the lease; "

This is not what you posted earlier:

"HOWEVER, if we can work together, I would like to terminate my lease and vacate the premises as soon as possible; but only without penalty."

Gail
 

mkathyf

Member
"IF someone inquired and IF they were interested, then I would move out sooner rather than later. Otherwise, I was staying in the apartment until the end of the lease; "

Actually, the first line of the letter was as follows:
Please let this serve as my official notice that I will not be renewing my lease at the end of my contract period; which will expire November 30, 2015.

And, this is one of the other lines:
THEREFORE:, if the Crittenden has the opportunity to rent apartment 1408 prior to the expiration of my lease, I will be willing and able to vacate the premises after receiving a 30 day written notice; which will also serve to fulfill my lease obligations.
 

Gail in Georgia

Senior Member
Honey, you can play it any way you want but you also notified the landlord of your desire to terminate your lease and "vacate the premises as soon as possible".

Your own "contract" (lease) states what your cost for breaking your lease are.

Gail
 

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