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Landlord Suing for Unpaid Rent

 
 
JCAEA
 
Reply Fri 6 Jan, 2012 02:50 am
We moved out a month early from our rented house and the landlord kept our deposit as payment for the month that we vacated early. Now she tells me that she will be black-listing us for unpaid rent even though she held back our deposit with our interest for that month. Is that legal?
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Type: Question • Score: 3 • Views: 2,725 • Replies: 10
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PUNKEY
 
  1  
Reply Fri 6 Jan, 2012 08:31 am
What do you mean "legal"? How will she blacklist you?

What you now have is a reputation for not paying your rent. The deposit - which should be there to cover damages, cleaning, etc. - had to be kept to cover that last month you stayed for free.

It sounds like you all did not discuss this beforehand. Not a nice way to leave your landlord.
Joe Nation
 
  1  
Reply Fri 6 Jan, 2012 09:45 am
You screwed up by not meeting with your previous landlord before moving out without notice.
Disrespect will always bite you in the ass.
If asked by someone else, i.e, some other landlord you are trying to rent from, about your tenancy, she is well within her rights to tell the truth.

You moved out without proper notice causing her expense and distress.

Assuming you are now renting from someone else, I'd live there for as I could, give proper notice before leaving and hope the next doesn't ask for your TWO previous landlord's names.

Joe(best of luck)Nation
Linkat
 
  1  
Reply Fri 6 Jan, 2012 03:32 pm
@Joe Nation,
Or you could get lucky like I did.....when I was going to rent this condo from this guy - he gathered all my info (work info/phone number, etc.). He called my number at work - another co-worker answered the phone and all he asks is if I work there and "Is she nice lady?" Fortunately my co-worker decided not to be funny and simply answered - "Yes, very nice lady."
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JCAEA
 
  1  
Reply Wed 25 Jan, 2012 05:47 am
@PUNKEY,
It was discussed beforehand.
She as a matter of fact gave me permission to leave a month early because it suited her to find a new tenant at the beginning of the year instead of for 1 February, when she didn't secure a tenant, she totally changed her story and withheld my deposit.
There were no damages to cover as I left the house in a better condition than what I found it and it was cleaned as well.
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JCAEA
 
  1  
Reply Wed 25 Jan, 2012 05:50 am
@Joe Nation,
Leaving early was discussed in October already. She gave me permission to leave end of December thinking she would easily get a new tenant, when she didn't, she withheld my deposit after asking me for my banking details to refund it to me. I think that is classified as disrespectful.
I am not renting from someone else, so your assumption is incorrect.
joefromchicago
 
  1  
Reply Wed 25 Jan, 2012 09:44 am
@JCAEA,
JCAEA wrote:

She gave me permission to leave end of December

What does that mean? Did the landlord agree to terminate your lease? If not, then you were still responsible for the rent for the remainder of the lease term. When a tenant abandons a lease, the landlord is entitled to rent out the property to a new tenant, in which case the old tenant's responsibility for paying rent would be terminated (subject to certain conditions I won't go into). On the other hand, if the landlord is unsuccessful in finding a new tenant, the old tenant still has the obligation to pay rent.

Sounds like your landlord took your security deposit in lieu of rent, which probably means that the lease was never terminated. You left, but you were still obligated to pay rent unless your landlord found a new tenant. That didn't happen, so you were still on the hook for the rent. When you didn't pay, your landlord took the security deposit. End of story.
Joe Nation
 
  1  
Reply Wed 25 Jan, 2012 09:46 am
@JCAEA,
Did you get that discussion in writing?
Did you send your 30 days of notice to her in writing and keep a copy?
If so, sue her in Small Claims Court.
If not, too bad and I'm sorry she was such a ****.

When it comes to money, trust

Joe(but get it in writing.)Nation
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JCAEA
 
  1  
Reply Thu 26 Jan, 2012 05:14 am
@joefromchicago,
I have no problem with her taking my deposit as rent for the last month. My problem was with her taking my deposit along with my interest earned as rent, and still wanting to blacklist me for outstanding rent. THat to makes me no sense at all. It was a mutual arrangement received in writing. End of story.
scott321
 
  1  
Reply Fri 9 Mar, 2012 01:45 pm
@JCAEA,
I would think he would have a hard time.
Pictures when you moved in would be nice, he may say the damage was done by you?
Have seen real pieces of crap people with their chump lawyers do some weird stuff.
With 5 of you, he may experience some problems. Don't let him bully or intimidate you.
noahs
 
  1  
Reply Tue 15 May, 2012 07:12 pm
@scott321,
what happened JCEA? what's your status?
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