My family was planning to relocate to another state. We found a house loved it, sent a non-refundable "holding deposit" and signed a 1-yr lease with a term from 11/07/07 (when we planned to move in) to 11/2008. Plans got pushed back so we couldnt move into the home by that time. Never even had keys to the house. Owner sent me letter stating that I would be responsible for monthly rent until they find someone else to rent it since i "vacated the premises before the lease was up!????". Even though we never got keys/moved in..Is this legal?
2007-11-03 07:51:52 · 12 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
This is all very helpful. Thank you. Im going to have to look into this further though. I have never heard of someone having to pay rent for a property that they never had keys to / occupied. I informed them that i wouldnt be able to rent on 10/28; i understand they had to stop advertising the home but isnt that what a "non-refundable holding" deposit is for? ........wow
2007-11-03 08:33:58 · update #1
Very legal. You became bound to the lease agreement when you signed same and paid your deposit. It is not the landlord's concern whether you EVER move into the property. The landlord has taken the property off the market based upon your contract, and has every right to expect that you pay for it according to the lease until they find a new tenant.
2007-11-03 07:56:09 · answer #1 · answered by acermill 7 · 4⤊ 0⤋
If I were you, I would seek legal counsel ASAP! Your first mistake was signing the lease before moving in and recieving keys to gain access. You should always recieve keys when you sign the lease-at that time all the payment that is due should have been paid.
You said you signed the lease for november 2008? That is a long time from now, I would never sign a lease that far in advance-anything could come up between now and a year.
You need to contact a lawyer, because, legally speaking, you should not be responsible for a property you NEVER HAD KEYS TO! Yes, you signed the lease-and that lease legally binded you, but I am sure part of that agreement was that you have keys and access-in which to live-which you did not. In this case, the LL did not hold up his end of the deal either. This LL is trying to get you, and he will if you do not know your rights. Check tenant rights in your state online or contact your local legal aide department. That number would be in the government listings area of your phone book.
If his argument is valid, find him a tenant. This way, he can stop charging you for months you have not lived there. Place an ad somewhere like Craigs List, to find someone to "sublet" or take over your lease. Charge them whatever you paid to move in.
Next time, don't sign anything until you move in.
2007-11-03 16:06:48 · answer #2 · answered by _nicole_ 4 · 1⤊ 2⤋
Never having keys is not an issue. You are entitled to the keys once the lease is signed. You did sign a lease so you are obligated to pay until he finds someone, if it is so stated in the lease, unless there is a provision for sublease then you can get a tenant for the year. It is cheaper to help the landlord advertise the home etc., and get it rented quick. Less problems! The deposit would be applied later to balance owed, if any. Read your lease carefully for loopholes, and get legal advice. Was the reason that you became unemployed or maybe an emergency medical??
2007-11-03 15:31:56 · answer #3 · answered by trop 4 · 1⤊ 1⤋
Absolutely legal -- and proper too. Your actions took the home off of the market. Next time be sure that you are ready to make the move. Since you didn't move, the owner has to use due diligence to find another tenant. You are legally responsible for the rent until a new tenant has been found. This can take up to the entire lease period. In this case, you would have to continue to pay the rent even though you didn't live there.
2007-11-03 15:24:33 · answer #4 · answered by Mr. PhD 6 · 2⤊ 0⤋
The holding deposit is no longer a big deal once you've signed the contract. You are legally bound to fulfill the contract terms you signed.
Think about it this way: a landlord doesn't care how many hours of the day you are in the house once you rent it. You can go on vacation and still pay rent, he won't care.
He's in his rights to insist on payment because you signed the lease, and he was unable to legally lease it to anyone else for that time period.
If you're lucky, he will rent it right away and you won't have to pay rent on it all year.
2007-11-03 16:29:54 · answer #5 · answered by colorhappy 2 · 2⤊ 0⤋
You are responsible for the rent ONLY until the end of the lease (11/08) *OR* when they find a new tenant WHICHEVER COMES FIRST. If the letter really said that "would be responsible for monthly rent until they find someone else to rent it", even if that does not happen until 2009 or later, that is illegal; they cannot require you to pay the rent for any month after the last month of the lease.
2007-11-03 15:07:01 · answer #6 · answered by StephenWeinstein 7 · 3⤊ 0⤋
You signed the lease. You broke the lease. If it were the landlord who broke the lease, that would be different. Does your lease actually say that you have to pay rent on the property until they find someone else to rent it, or does it say you must give 30 days notice prior to moving. If it says give 30 day notice, then you should really only be leagally responsible for one extra month of rent if in fact you did give him a 30 day notice that you would not be moving into the property.
2007-11-03 15:02:43 · answer #7 · answered by Candii JoJo is a groovy chick. 5 · 1⤊ 1⤋
Yes, you signed a lease for a year, and could have moved in at any time. It's not the owner's fault you didn't.
They have an obligation to attempt to rent it out as soon as they are aware you are not there, and have no intention of being there. You have an obligation to pay rents until they are able to do that.
2007-11-03 15:13:05 · answer #8 · answered by oklatom 7 · 2⤊ 0⤋
Yes, you are bound by a lease. You should NOT have to pay rent until leased. Research tenant rights in the state you signed the lease, It should tell you how many months you are responsible for. In Arizona it is up to 2 months and they have to take you to court to get that. Just because they wrote you a letter does not mean its accurate. Best of luck to you.
2007-11-03 15:12:21 · answer #9 · answered by ziggymo2 2 · 0⤊ 2⤋
In my opinion the landlord is trying to stiff you.
The landlord is basing his claim for monthly rent based on the fact that you have a contractual agreement in the form of a lease.
If you never were in possession of the keys to the house then you never had access (legally speaking) to the property. This means that the lease wasn't actually "consumated" or in legal terms the landlord's duty to grant you access wasn't performed.
Contracts grant rights and impose obligations. In this case the landlord is trying to collect or impose an obligation on you without having given you the possibility of enjoying the right that the obligation would be buying.
Check the lease for any provisions relating to penalties for non-fulfillment of the lease, and check with the local housing authority as well. If you must, you could sub-lease the house to avoid paying for nothing.
2007-11-03 15:09:54 · answer #10 · answered by Anonymous · 1⤊ 3⤋