Legal obligation???

Question

Say you signed a 1 year lease in March of 2006, for 1 year. That meaning your lease is up March of 2007, so anything stated in the lease is not valid correct? Also, say you are planning on moving in August, by the 15th. Is it legal to tell give landlord 2 week notice that you will be out by the 15th of August and to use your deposit to cover half the month's rent and use the rest of the deposit for if they have to fix anything.... does that mean we have any legal obligation to the landlord? Can the landlord take us to court and WIN?? Is this legal???

We told our landlord that we would be out by the 15th of the month and to use our deposit of $450 to cover half a months rent as in $225. He states that he can take us to court saying we HAVE to pay him the full months rent. What I don't get is why he can't just use the deposit money to cover our half a month and use the rest to cover any expenses necesarry in cleaning or fixing things.????

There is nothing in our lease stating anything about a 30-day notice. THere is however something stating that if tenant does not pay by the 15th of the month the landlord can evict. If we are giving him our deposit then what is the problem??

Answer 1

Its ASSUMED to be a month to month after the original lease expires, if the landlord doesn not give you a new lease....you can NOT use your deposit as last month's rent.
You need to give 30 days notice

You have to give 30 days notice, and the landlord can sue you easily here.

Yes Its legal.....as a landlord, i am really frustrated by renters that try to write the laws as they go along, to their benefit....does it hurt that much to pick up the phone, ahead of time and try to work something out with the landlord? We are people to, trying to make a buck.....

Your only recourse here is to move next month.

If you were my tenant, i would not return your deposit, and if you did damage, i would sue you to collect not only the rent but the repair costs.

Answer 2

If you signed a lease for 1 year March 2006 until March 2007, and do not sign another lease in March 2007, you are a tenant at will. Meaning month to month. Now if the landlord has accepted your payments each month from March until August 2007, he obviously recognizes your tenancy. However, it is only fair to give the 30 days notice as you are month to month. If you don't you should forfeit some of your deposit. He could take you to court, however his claim may not result in anything more than 1/2 months rent from you deposit. You might just tell him to keep the deposit and move on.

Answer 3

In all states, once your lease expires and you do not renew it, you default to a 'statutory lease', the terms of which are defined by your state's laws. You will need to check your state laws to determine how to proceed.

Generally speaking, however, rents are based upon full months and are not prorated under these laws. Most state laws indicate at least thirty days notice to move out, with the notice having the effect of being delivered at the start of any monthly term, no matter when delivered.

Accordingly, you will probably be held to pay for August rent in full, if you delivered the notice before the beginning of August. Deposits are NEVER to be used to cover any rents due. They are there specifically to be used by the landlord to cover any damages and repairs necessitated by your use of the premises.

And yes, if your landlord takes you to court he will win. The courts will defer to state statutes for a decision.

Answer 4

Hi, my name is Eunice Saunders and I am a REALTOR. This is a good question and I will try to help you find the answers. First you must know the laws of your State. You did not mention what state you are in so it is hard to say as to what laws would come into play here. Second it would depend on how she wrote the contract for the rental and what stipulations she put into the contract about Deposits? A rental contract is usually for a year or at least 6 months. In my state the Deposit would be forfeited due to the breach of contract and also the renter would be responsible for any rents lost.....which means starting from the day she was supposed to move in until the day the property is rented again to another tenant the rents would be prorated and first deducted from the deposit and then billed the difference to the former tenant. Example: Former tenant was supposed to move in Dec 1st but backs out.........The property is not rented again until Jan 15th......the former tenant would owe for the whole month of Dec (Deposit pays that month) and they would owe for the 15 days in Jan (Bill to them.) Once the property is successfully rented the former tenant is no longer responsible. On the other hand: If the property is rented right away....on or before the date the former tenant was saposed to move in...the deposit should be returned in full as you the landlord have not lost anything.....All Deposits should be escrowed in a separate bank account and you should keep diligent records as well. This is the proceedure for my state........and may be very different where you are so my best advice to you would be to check the laws of your state before you make any decisions about this situation. Rental/Tenant laws can be very strict and if it ever goes to court the law usally always favors the tenant over the landlord. Good Luck, Eunice

Answer 5

The lease continues to be enforceable until you move out. Just because the fixed tenancy has ended doesnt mean you can now do what you like.
You need to give the required amount of notice. If you read the lease it should have a clause in relation to notice to vacate. It may require a months notice. You are required to pay your rent until you vacate/ your notice date.
When you leave you must ensure the property is in good order. Then you can get your deposit back.

The landlord can take you to court if you fail to give the required amount of notice, leave the property damaged and have monies outstanding at the end of the tenancy.

They can affect your financial credit rating so its best to ensure that you speak to your landlord about your intentions.