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I moved out late does the LL have right to charge me for the whole month?

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k23h9723

Junior Member
Unless, of course, the landlord reasonably relied on the OPs words and that reliance caused him damages.

It wouldn't be a landlord/tenant thing, just a quasi-contractual thing.

Thank you all for the advices. He claimed that since I told him I would move out on Sep. 1, that's why he bought the ticket to meet with me for the moving out inspection. I mean, it's not like I purposely didn't move out on time. I couldn't get the movers to do it on that day...
 


tranquility

Senior Member
Look up promissory estoppel and see if the facts apply.

I might make the landlord sue you for the amount as, in small claims, who knows what a judge will decide?
 

k23h9723

Junior Member
"He also claims that there are damages to the properties and is threaten to sue me for it. I am a single mother ... We lived there for 10 months, isn't there any normal wear and tear that I am allowed to? "


What do you claim were issues of "normal wear and tear" on the rental unit versus the landlords claims of "damages"???

Gail

Well, the kids broke one door lock and the LL said the lock can't be repaired therefore he is charging me for the whole door, painting the door, new lock installed - $250.

Broken garbage disposal - he said someone left marble balls in the garbage disposal and when he turned it on, the blade broke. For all I know it could be his own fault.

He also said the house is not complete cleaned, ok so I forgot to clean the oven. He charged me for professional cleaning fee.

He even charged me for the missing light bulbs... is that right?
 
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Zigner

Senior Member, Non-Attorney
LL cannot charge for the airline ticket. Its the cost of doing business.

I would agree, EXCEPT that if the OP scheduled a specific time and the LL relied on that promise, then the LL *could* recover the EXTRA cost caused by the OP's failure to follow through. The EXTRA cost would be the cost of ANOTHER ticket.

I can see a small claims court judge/commissioner/(whatever) ruling that way.
 

k23h9723

Junior Member
I would agree, EXCEPT that if the OP scheduled a specific time and the LL relied on that promise, then the LL *could* recover the EXTRA cost caused by the OP's failure to follow through. The EXTRA cost would be the cost of ANOTHER ticket.

I can see a small claims court judge/commissioner/(whatever) ruling that way.

I don't really want to go to court, but I listened to a friend and sent the LL a letter telling him basically to shove it. Now he is suing me, what should I do?
 

Zigner

Senior Member, Non-Attorney
I don't really want to go to court, but I listened to a friend and sent the LL a letter telling him basically to shove it. Now he is suing me, what should I do?

Try to settle with the LL without going to court.
 
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Gail in Georgia

Senior Member
"Well, the kids broke one door lock and the LL said the lock can't be repaired therefore he is charging me for the whole door, painting the door, new lock installed - $250."


Breaking something is not normal wear and tear.


"Broken garbage disposal - he said someone left marble balls in the garbage disposal and when he turned it on, the blade broke. For all I know it could be his own fault. "


The landlord plays with marbles? Who is more likely to leave marbles in a garbage disposal; the landlord or your children? How would a judge see the argument that the landlord tossed marbles down his own disposal?



"He also said the house is not complete cleaned, ok so I forgot to clean the oven. He charged me for professional cleaning fee."

A dirty oven is not normal wear and tear.


"He even charged me for the missing light bulbs... is that right? "

I actually have heard of landlords charging for this after becoming weary going into yet another house where the lightbulbs were missing. One wonders during the move if the tenants say "we're going; pack up the lightbulbs!".

Gail
 

Gail in Georgia

Senior Member
"I don't really want to go to court, but I listened to a friend and sent the LL a letter telling him basically to shove it. Now he is suing me, what should I do?"

Your first step is to ignore any more advice from this idiot friend.

Because you did not remedy (or, it appears, even try to remedy) these issues with your landlord, the landlord had no choice but to take the next step which was filing a lawsuit against you for owed rent and damages.

If you do not wish to go to court your only option is to contact the landlord and attempt to work this out before the court date.

If this so-called friends next bit of valuable advice is to ignore the court date and not show up, you will automatically lose the lawsuit.

Gail
 

Who's Liable?

Senior Member
I would agree, EXCEPT that if the OP scheduled a specific time and the LL relied on that promise, then the LL *could* recover the EXTRA cost caused by the OP's failure to follow through. The EXTRA cost would be the cost of ANOTHER ticket.

I can see a small claims court judge/commissioner/(whatever) ruling that way.

Still the cost of doing business. It is not the OPs fault the LL lives far away.

With your logic, any LL would be able to sue for the gas to get across town because the tenant denied them entry or some other reason.

And if the LL wants to use your argument, why didn't he charge for all the other times the previous tenants didn't keep their appointment?

Cost of doing business.
 

Zigner

Senior Member, Non-Attorney
Still the cost of doing business. It is not the OPs fault the LL lives far away.

With your logic, any LL would be able to sue for the gas to get across town because the tenant denied them entry or some other reason.

And if the LL wants to use your argument, why didn't he charge for all the other times the previous tenants didn't keep their appointment?

Cost of doing business.

One trip is the cost of doing business. Multiple trips based on the broken promises of the tenant - that exceeds the "cost of doing business".
 

k23h9723

Junior Member
One trip is the cost of doing business. Multiple trips based on the broken promises of the tenant - that exceeds the "cost of doing business".

That's exactly what he told me ... :( I am trying to contact him but he would not answered the phone or email. The last email he told me to see his lawyer. Any advice?
 

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