tenant2021
Member
Zigner,
As you so eloquently stated earlier:
I am more concerned with with the legality of the matter (how a judge would rule). I do not really care what my landlord thinks.
Please Advise,
-
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Lease interpretation - Can I break the lease with no fee?
- Thread starter tenant2021
- Start date
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Zigner,
As you so eloquently stated earlier:
I am more concerned with with the legality of the matter (how a judge would rule). I do not really care what my landlord thinks.
Please Advise,
Zigner
Senior Member, Non-Attorney
Nobody here could guess how a judge would rule with any certainty. As I said, the curtains probably won't be a big deal, but the blinds might be. Personally, if I could return the unit to the same state I got it in by repairing any damage caused, I'd take them.
Gail in Georgia
Senior Member
"I am more concerned with with the legality of the matter (how a judge would rule). I do not really care what my landlord thinks."
That's a rather short sighted way to view this. It's the landlord who might be keeping the cost of the blinds out of your security deposit. And even if you were to sue him/her for this amount and a judge would rule in your favor, it would still be up to you to collect these funds. The court will do nothing to help with this step.
Gail
That's a rather short sighted way to view this. It's the landlord who might be keeping the cost of the blinds out of your security deposit. And even if you were to sue him/her for this amount and a judge would rule in your favor, it would still be up to you to collect these funds. The court will do nothing to help with this step.
Gail
tenant2021
Member
Good afternoon everyone,
There has been another twist is this saga. On January 29th, I sent over an email when paying for the month of February. I also explained in the email once again I will be out by the end of the month and will try to be out sooner. I received an email yesterday stating "This is unacceptable and I am breaching my lease".
He claims 'I needed to be out by February 12th and did not exercise that option'. I have the recorded call where we agreed I would be out by February 28th, and would try to be out sooner. I also sent him an email after the call enforcing this (14 days ago).
He is claiming I owe March's rent. I believe I do not owe, and will not be paying March's rent based on the recorded phone call. According to the early termination option, I owe March's rent on March 1st.
Additionally, the lease clearly states rent is due on the 1st of each month. Throughout the contract I have paid from the 4th - 3rd of the following month. For February, I prorated the payment, since I already paid for the first 3 days. He is now sending me messages and emails claiming the rest of the month is due, and if not received by the 5th he will add on late fees. In my opinion this is invalid due to:
1. February is already paid in full which would make any fees invalid (He wants me to pay the first 3 days of March).
2. The contract clearly states rent payment are 'due on the 1st of each month'.
3. The contract clearly states 'payment that is not paid within 10 days after its due date, tenant must pay late fee in the amount of $200".
If a contract has a lease term that starts on the 4th of the first month and ends on the 3rd of the last month, but states rent is due on the 1st of every month, I should be able to prorate on the 1st to align with the contract?
Or could the landlord have a legitimate claim that rent was not paid?
There has been another twist is this saga. On January 29th, I sent over an email when paying for the month of February. I also explained in the email once again I will be out by the end of the month and will try to be out sooner. I received an email yesterday stating "This is unacceptable and I am breaching my lease".
He claims 'I needed to be out by February 12th and did not exercise that option'. I have the recorded call where we agreed I would be out by February 28th, and would try to be out sooner. I also sent him an email after the call enforcing this (14 days ago).
He is claiming I owe March's rent. I believe I do not owe, and will not be paying March's rent based on the recorded phone call. According to the early termination option, I owe March's rent on March 1st.
Additionally, the lease clearly states rent is due on the 1st of each month. Throughout the contract I have paid from the 4th - 3rd of the following month. For February, I prorated the payment, since I already paid for the first 3 days. He is now sending me messages and emails claiming the rest of the month is due, and if not received by the 5th he will add on late fees. In my opinion this is invalid due to:
1. February is already paid in full which would make any fees invalid (He wants me to pay the first 3 days of March).
2. The contract clearly states rent payment are 'due on the 1st of each month'.
3. The contract clearly states 'payment that is not paid within 10 days after its due date, tenant must pay late fee in the amount of $200".
If a contract has a lease term that starts on the 4th of the first month and ends on the 3rd of the last month, but states rent is due on the 1st of every month, I should be able to prorate on the 1st to align with the contract?
Or could the landlord have a legitimate claim that rent was not paid?
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