Land lord suing over last month rent...?

Question

We asked for a 6 month lease- They told us flatout that they did not offer anything but 12 month leases. While living there, we found out that more then a few residents had 6 month leases(some who had moved in before us and some after)We believe we were not offered that because we were young, not married and expecting our first child(these are private land lords who's main work is preaching)We knew we were being discriminated against.
We had to break our lease at 6 months(boyfriend got a job in a different city 2 hours away)They let us out of the lease and initially told us we could have our deposit back.They had our apartment rented out already and told us to be out 5 days before the date we told them we would.So we left and kept trying to contact them about getting the deposit back.Two months passed and they never cashed the check from the last months rent, but I had to close my account- there were none of those banks here.So we assumed the deposit was covering the last months rent

So now they're suing us for that last check (they didn't try to cash it until 3 months later).. We can't afford a lawyer right now to give us advice- and legal aid won't help us until I'm charged (the check was in my name)... Do we have grounds to fight this..??

They did not give us any paperwork- they wouldn't even meet with us to give them the keys back.
They have let others out of their leases as well, but didn't force them to pay anything.
Fair Housing states that what they offer to one, they have to offer to all- so why were we denied the option of a 6 month lease..??

Answer 1

So you gave the landlord a check for the last month you were living there and that is what they are suing you for? It sounds to me that you owe them the last months rent. I know it is a pain, but you can't just close you account because they didn't cash the check right away. You knew there was a check written against the account and you just closed it and opened an account at a new bank. I know you said there wasn't a branch near you, but you could have left the amount of the check in it and closed it after the check was cashed.

Answer 2

SURE You signed a lease, you legally bind yourself No lease, then just a month to month tenancy, and you bound yourself for 30 days, must pay 1 month's rent, give 30 days notice Regardless WHY you aren't keeping your promises, if you don't, you can be sued Probably NOT for the renovations and repairs, but for rent for the full term of the lease you signed BTW: a LL never HAS to make repairs and renovations, so if these were made specifically at your request and for you, then you could be liable.

Answer 3

You have to pay them that last month's rent.....No question about it. Security deposit and rent are definitely 2 separate items.

They have the right to come after you for it, but you may have recourse then to go after your security deposit. They must provide an accounting of the money they withhold from your security deposit in a timely manner. Out here I believe it's within 30 days of the termination.

Hopefully you'll get most or all of the security deposit back after you pay the last month's rent. If you don't get a refund or they don't give you an accounting of the amount of deposit withheld, your only option is filing a suit in small claims court.

Good luck to you!

Answer 4

They didn't cash your last month's rent check before you closed the account? Now they're suing you for it? And they still have your deposit?

Counter sue them the amount of your deposit. If you can prove you paid the deposit, and assuming it was the same as your monthly rent, it'll be a wash in court. This would be small claims, so no lawyer is required. You'll be out the filing fees, but this is a piece of cake...

Answer 5

They let you out of your lease without penalty and you stiffed them for the last month's rent. And you're complaining that you're now being sued?? You're joking, right??

If I had been that nice to you and you stiffed me for the last month's rent, not only would I go after your butt for the rubber check, I'd sue for the balance of the lease until I placed a new tenant. And you could kiss your deposit goodbye as well!

FWIW, when you close a checking account, you MUST leave sufficient funds in the account to cover any outstanding checks. The bank probably had you sign a sworn statement that there were no outstanding checks against the account before they paid you the balance of the account. You LIED when you signed that statement since you KNEW that there were outstanding checks. (The bank will be looking to you for their usual bounced check charge so you'd best make peace with them as well before it's turned over to the DA's office for collection and/or prosecution.)

Sorry, Toots, but you've screwed the pooch on this one! I'd send them a money order pronto for the balance due including any court costs that they've incurred, along with a govellingly apologetic letter for the "misunderstanding" on the issue. And kiss the deposit good-bye. You're clearly not entitled to it.

And don't forget to make peace with your former bank or THAT will blind-side you in a few months as well.

Answer 6

u need documentation!!!! when you paid your rent, the correspondence. didnt u sign anythign to terminate your lease early???? if you didnt then ur kind of screwed. u can however tell the courts that they withheld your security so in return you can cancelled ur last months rent to suffice that whihc was withheld from u. u have a valid case to fight in court, bring bankstatements, checks, correspondence, etc to support ur claim when u go to court. the more documentaztion the better chance u have of winning. courts uaually side with thetenants so get ur paperwork in order !

Answer 7

Did they give you paperwork that states they accepted you breaking the lease?

Answer 8

Yes, sue them in small claims court.

Answer 9

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