Rent Due

[boonas]

What is the name of your state? NH
I had a tenant-at-will agreement w/a 45-day notice for vacating. My tenant's tenancy began Oct 1, 2005 with rent being due the first day of the month in the amount of $950. She gave me her notice on March 10, 2006 and wanted me to try and rent the apartment by the end of March. I explained that (1) she should have given notice as of the 1st of the month as that's when our agreement is dated and (2) she was supposed to give a 45-day notice. I got the apartment rented again beginning April 15. My ex-tenant asked me to use the security deposit for March rent since she did not pay and now refuses to pay for April 1 - April 15. I have contacted her twice and no answer... I'm planning on filing a small claims at the end of the week... Is this the right action to take? Thank you.

 

[ENASNI]

What is the name of your state? NH
I had a tenant-at-will agreement w/a 45-day notice for vacating. My tenant's tenancy began Oct 1, 2005 with rent being due the first day of the month in the amount of $950. She gave me her notice on March 10, 2006 and wanted me to try and rent the apartment by the end of March. I explained that (1) she should have given notice as of the 1st of the month as that's when our agreement is dated and (2) she was supposed to give a 45-day notice. I got the apartment rented again beginning April 15. My ex-tenant asked me to use the security deposit for March rent since she did not pay and now refuses to pay for April 1 - April 15. I have contacted her twice and no answer... I'm planning on filing a small claims at the end of the week... Is this the right action to take? Thank you.

How did she leave the condition of the dwelling? What are your damages.. i.e what where your advertising costs? What is Fair? What did you lose? Is it worth it to you? What did the Easter Bunny bring you? I have peeps!

AOrry it is really early and I should not be up ... stay tuned for saner answers.

 

[boonas]

The apartment is in good shape. It's just the prinicpal that she still owes me $490... Thanks for your help !

 

[ecmst12]

Then it seems like you can deduct what she owes from her security deposit and send her the rest with your itemized deduction, right?

 

[ajritter04]

You should not be renting to anybody till you learn how to do it right . Seems like all you care about is how to screw over people.

 

[Ellerge]

ajritter04, you are a tenant and you are wrong!
The tenant owes for March AND for April 1 - 15. The tenant cannot use the Security Deposit for payment of rent. If the tenant does not pay, sue her. The Judgment on her credit will haunt her for many years.
The tenant is trying to screw you.
I believe in doing to others what they are trying to do to me!
Read the LL/Tenant Laws in your State so you will not be as ignorant as ajritter04.
(Be sure to handle the Security Deposit correctly.)
[Notice that I did not call ajritter04 STUPID, just ignorant]

 

[ecmst12]

Ellerge you should read this poster's other threads...she's got a few things to learn about how to be a landlord legally.

Anyway the tenant has already moved out, so why would you go through the time and expense of suing if you already have the money? If they don't like the deduction from the deposit, then let THEM sue YOU to get it back....of course if they win you have to pay their court costs....but if you do a little research on what kind of deductions are allowed to be taken, that won't happen, right?

 

[ajritter04]

ajritter04, you are a tenant and you are wrong!
The tenant owes for March AND for April 1 - 15. The tenant cannot use the Security Deposit for payment of rent. If the tenant does not pay, sue her. The Judgment on her credit will haunt her for many years.
The tenant is trying to screw you.
I believe in doing to others what they are trying to do to me!
Read the LL/Tenant Laws in your State so you will not be as ignorant as ajritter04.
(Be sure to handle the Security Deposit correctly.)
[Notice that I did not call ajritter04 STUPID, just ignorant]

Do you want a cookie for being a dumbass? This guy is in every way a greedy slum lord. He really needs to read the LL/Tenant laws before letting anybody else rent. Now our old LL was just like him and guess what?! We owned their ass in court cause we knew the laws better than our LL which is what should happen to this guy so he will learn how to do things THE RIGHT WAY! I may be ignorant in some things yes, but from reading other threads on here and as well as going through this I feel that you are the ignorant one cause you didn't bother to read his other thread. Go read it then come back ok?

 

[Ohiogal]

What is the name of your state? NH
I had a tenant-at-will agreement w/a 45-day notice for vacating. My tenant's tenancy began Oct 1, 2005 with rent being due the first day of the month in the amount of $950. She gave me her notice on March 10, 2006 and wanted me to try and rent the apartment by the end of March. I explained that (1) she should have given notice as of the 1st of the month as that's when our agreement is dated and (2) she was supposed to give a 45-day notice. I got the apartment rented again beginning April 15. My ex-tenant asked me to use the security deposit for March rent since she did not pay and now refuses to pay for April 1 - April 15. I have contacted her twice and no answer... I'm planning on filing a small claims at the end of the week... Is this the right action to take? Thank you.

New Hampshire requires a 30 day notice not 45. That portion of your lease is illegal and will not be upheld. Again, READ THE LAW! She should have given you notice before the first day of March in order to vacate before April 1. HOWEVER you cannot mandate that she is to give a 45 day notice. You HAVE TO FOLLOW THE LAW. Boonas you are going to lose in court. You don't follow the law. You don't have any concept of the law.

 

[Ohiogal]

ajritter04, you are a tenant and you are wrong!
The tenant owes for March AND for April 1 - 15. The tenant cannot use the Security Deposit for payment of rent. If the tenant does not pay, sue her. The Judgment on her credit will haunt her for many years.
The tenant is trying to screw you.
I believe in doing to others what they are trying to do to me!
Read the LL/Tenant Laws in your State so you will not be as ignorant as ajritter04.
(Be sure to handle the Security Deposit correctly.)
[Notice that I did not call ajritter04 STUPID, just ignorant]

Ellerge,
Boonas has NO CLUE about New Hampshire Landlord Tenant Law. Boonas' leases (which Boonas posted in the thread Babysitting) are full of illegal clauses. And you are also wrong about payment of rent.
540-A:7 Return of Security Deposit.
II. If the tenant is required under the lease agreement to pay all or part of
any increase in real estate taxes levied against the property and becoming
due and payable during the term of the lease, or if there is unpaid rent due,
the landlord may deduct such share of real estate taxes or unpaid rent from
be amount of the security deposit. The landlord shall provide the tenant
with a written, itemized list of any claim for unpaid rent or share of real
estate taxes for which the landlord claims the tenant is liable, which shall
indicate with particularity the period for which the claim is being made.

Unpaid rent can come out of the security deposit. Since Boonas rerented on April 15th no double dipping is allowed. And since this was an at-will tenancy and not a lease, he cannot recover advertising or rerental costs because there was NO LEASE -- the only thing the tenant owed was a thirty day notice.
Of course if he does withhold more and his tenant sues, look for him to be handed his head on a platter when the court looks at his business practices.

 

[Ohiogal]

How did she leave the condition of the dwelling? What are your damages.. i.e what where your advertising costs? What is Fair? What did you lose? Is it worth it to you? What did the Easter Bunny bring you? I have peeps!

AOrry it is really early and I should not be up ... stay tuned for saner answers.

Since this was a month to month Enasni, Boonas cannot get anything more than what he would have gotten with a thirty day notice which is required by law in NH. Not advertising costs or anything else. As for Boonas being fair -- read the other posts from Boonas. Not a smart landlord -- see the thread entitled Babysitting for a copy of Boonas' lease and try not to choke on your peeps.

 

[ajritter04]

So I ask who is ignorant now? Myself or Boonas?

 

[SingleMom67]

New Hampshire requires a 30 day notice not 45. That portion of your lease is illegal and will not be upheld. Again, READ THE LAW! She should have given you notice before the first day of March in order to vacate before April 1. HOWEVER you cannot mandate that she is to give a 45 day notice. You HAVE TO FOLLOW THE LAW. Boonas you are going to lose in court. You don't follow the law. You don't have any concept of the law.

Shhh, let him go to court. He NEEDS to go and get slammed because he obviously thinks he's above state law!!!!!!

 

[Ohiogal]

Shhh, let him go to court. He NEEDS to go and get slammed because he obviously thinks he's above state law!!!!!!

I was just trying to be nice though he doesn't deserve it. he whines that no one gives him help -- we are just mean. Well he has gotten help. Lets see if he whines some more.

 

[ENASNI]

I was just trying to be nice though he doesn't deserve it. he whines that no one gives him help -- we are just mean. Well he has gotten help. Lets see if he whines some more.

Oh creeping peeps what did this become. I can not go to thead o thread. did not this guy just get taken for some rent? ... Sheesh.. I think I need to retire.. I think Jolie is geting fat maybe I should get in on line.or MAYBE he is a GOOOD THING sheesh. no wonder I take time off this place... What is wrong with people?


No do not answer that.