Less than a week after we signed the agreement my husband and I separated. We signed the agreement the 1st week of October for a start date of November 1st. The landlord re rented the unit to begin on November 15th. Because she advertised on Craigslist there is no advertising fee that I would be responsible for. I agreed to pay the rent so that she wasn't out anything until the new tenants moved in. Rent is $2200.00 a month I paid $1,100.00 until the 15th. She kept another $1,100 which was a security deposit. I paid her for all that she is out and don't think its fair that she is trying to profit from this. The new tenants will also be paying a security deposit. The deposit would have to be returned to me anyways provided I kept the unit clean. Since I am not even moving in, Can the landlord do this?
2007-10-25 05:53:28 · 7 answers · asked by Laura F 1 in Business & Finance ➔ Renting & Real Estate
No they can't.
This is double dipping, which is illegal. You can't collect rent for a period of time and be receiving rent from another party for the same period.
2007-10-25 05:58:38 · answer #1 · answered by Tim 7 · 1⤊ 3⤋
She can only keep 15 days of rent, which is $1,100.
Usually landlords lose out on this deal, but the law doesn't allow them to keep a "penalty", especially if there were no costs involved...she doesn't have any cleaning expenses b/c you never moved in.
I would go ahead and file a small claims suit against her for the $1,100, because that is what you are entitled to.
You are not responsible for October, b/c you didn't agree to pay for October. That was HER choice to allow a delayed start date.
Just remember that it doesn't matter if you paid it as rent or as the security deposit...some people get too hung up on this...it's the TOTAL amount that she has in her posession.
I would sue, you will most likely win.
2007-10-25 13:26:08 · answer #2 · answered by Expert8675309 7 · 0⤊ 1⤋
Depends on the terms of the security deposit - if it was for returning the unit in clean condition, and you did, then she should return it. If the terms are for breaking the 'yearly' /monthly, or whatever term the contract was for, then, you're out of your deposit. Because you broke the contract and the deposit was based on this - you could still try to get your money back b/c she rented it right away, and didn't lose anything. But it'll be less in your favor.
Determine what the deposit was for, even if an oral agreement was made, but better yet if you have a written agreement.
If you feel you have the right, then send a letter. That's a first step, then take her to small court claims.
Good luck!
2007-10-25 13:04:42 · answer #3 · answered by Alyse 3 · 1⤊ 2⤋
She is entitled to keep the deposit for you cancelling the lease. She held the apt for you until the Nov. 1. Your deposit HELD the apt for a month. So She missed all of Oct rent ($2200)because of you AND 15 days of Nov. So her keeping the deposit $1,100, and you giving her $1,100 for the rest of Oct is what should have happened. BUT, you should have also paid her for the 15 days of NOV she missed out on because of you. She chose not to charge you for the 15 days of Nov even though you agreed to pay the rent until she re-rented (your words) So if I were you, I would just go on with my life. You did what you said you would do, pay the rent ($2200 for Oct), and she gave you a break by not charging you $1100 for Nov. You get nothing back.
Now the new tenants put down THEIR security deposit, moved in on Nov 15 and payed $1,100 for the rest of Nov. Everything is as it should be.
2007-10-25 18:53:53 · answer #4 · answered by kimmamarie 5 · 0⤊ 0⤋
Yes, she can do that. Bear in mind that she took the property off the market for a full month with no rents based upon your agreement to move in November 1. Unless the unit was occupied (for rent) by others until the end of October, she had a vacant unit kept off the market for YOU.
You may check the terms of the contract you signed. You will probably find language covering her legally as to what she has done.
Sorry for the situation.
2007-10-25 13:02:02 · answer #5 · answered by acermill 7 · 3⤊ 1⤋
If you agreed to rent the apartment and then backed out of it (even though you had a good reason), she can keep your deposit. It's horrible, but laws are wacky like that.
2007-10-25 13:01:40 · answer #6 · answered by Cindy 2 · 2⤊ 1⤋
If the lease says she keeps it if you break the lease earlier and move out she does. Read your lease.
2007-10-25 12:59:31 · answer #7 · answered by Pantherempress 7 · 1⤊ 2⤋