Am I doing the right thing? 10 points for honest answer. Thank you?

Question

Before I signed the lease. My landlord and I agreed that she will not charge me for Jan-Feb month because I plan to be out of town.

I reminded her two weeks ago. At first, she acted like she did not remember the agreement. Then, she remembered. She is in a financial problem so she asked me to help her pay for utilities. I said, okay.

Last sunday, she told me that --"Her sister said, I must pay for the Jan-Feb rent because I still have my stuffs there" I told her that we have spoken about this before and if she does not do what she have been agreed. I will move out from the apartment. (I am moving out next month)

My landlord was very upset and start to act rude toward me.

What do you think fo the situation? Am I doing the righ thing to move out?

Thank you

I forget to tell you that it is not a year lease. I just have give her 30 days notices before I move out.

I made a mistake by not writing the agreement on the paper. Thank you.

Answer 1

Ok, first you did something wrong to begin with. You should have made sure your agreement was written and added to the lease. That way this would have never happened.

Second, when she asked you to help pay for utilities, you should have agreed to pay half of the cost. She can't make money off of the place you live in when you're away because you still have your stuff there. So it would be polite to help pay a little bit of money.

And lastly, you are completely right to move out. If she completely isn't honoring her agreement, than that's rediculous.

Also, if your landlord is EVER rude to you, there's a problem. It depends on exactly how she acted, but if she insulted you or threatened you in any way (including threatening to charge rent an extra month, keep some of your stuff, etc.) than you should not stay on their property any longer.

Answer 2

I'm sorry to say, but your landlord's daughter has the right idea here. Even though you will be gone for 2 months, they are not able to use that space to make money any other way. When you rent a place you aren't renting the time it is used, but you are renting the actual space so it doesn't matter if you are there or not. As for whether or not it is the right thing for you to move out, if your lease is expired then you are free to move if you want. If your lease is still current, then moving out early can result in you having to pay for time you aren't living there if your landlord decides to take legal action. If that's what happens, it's usually not more than 2 months rent, but a judge would also probably make you pay the legal fees. Also, be mindful that you wouldn't be able to use this landlord for a reference when trying to find a new place to live. You could see if you can sublease the apartment for the months that you are out of town and solve everyone's problems. If you choose to go that route make sure you note everything in writing, with your landlord and the subleasing tennant.

Answer 3

Well first thing first, if your agreement about the Jan-Feb was not in writting she can tell you she forgot (usually landlord's do tend to forget to their benefit if there is not in paper) so in that part she has the right to ask you to pay rent IF you are in the premises. Secondly if you plan to move out the best thing for you to do is to give her a 30 day notice (in writting) just a paper saying "intent to move" don't forget to date it 30 days and that way you save yourself the trouble. As a tenant you have some rights and so as a landlord she does too but you have the right to move given notice I don't know what are the regulations in your state but the basics are if you are renting with a lease of a year the notice to move out should be 30 days and if it is month by month you only need 15 days to notice. I suggest that you research your state tenant and landlord laws and save yourself lots of headache.
Hope this help and best of luck to you in your new place!
Good Luck
Happy Holidays

Answer 4

You had an agreement with your landlord. she should keep her end of the deal and allow you to not pay rent for those two months. She is responsible for her business, not you.

This is a strictly business relationship and you are not responsible for her financial troubles. If you were friends and wanted to help out or something, that might be a different story, but as a professional relationship you have an agreement and you each need to uphold your end of the deal. If she isn't willing to do that, then you are justified in moving out.

As far as whether or not you should move out based on if you can afford it, if you will be able to find as good of a place after you return, if its worth moving your stuff for Jan/Feb and then again when you move back to town etc, is a question only you can answer.

Answer 5

I wouldn't move out, I would just pay for the two months and stay put...keep in mind that no other landlord on the planet would have agreed to let you store your stuff in an apartment rent-free for two months...so it would have been an expense you would have had anyway.

I think staying where you are is cheaper....moving is very expensive, and if you like the place, there really doesn't seem to be a point.

Unless you had it in writing, if she sues you for the two months, she will probably win, b/c a judge will wonder why a landlord would agree to such an arrangement...which in essence, cost the LANDLORD money...so why would she foot the bill for you?

I'm not saying that happened, but that is what a judge is going to think.

Answer 6

Well really it doesn't matter what is "right" or "wrong" in this situation-what does the lease say? If it is written in the lease then she has already broken the contract and it is possible for you to walk away from the lease, if not, it would be really hard to prove that you two had a verbal agreement, plus as she had mentioned, your stuff is still there.
If you break the lease you could be held liable for the remainder of the years rent that you owe. Try to find someone to sublet, because it is going to be more expensive and worrisome to move all of your crap before you go away.

Answer 7

In most states but not all, agreement regarding real estate must be in writing to be enforceable in court .

You should immediately write down dates of conversation and what you thought was stated in as much detail as possible.

Were there any witness to these conversations?
You might consider getting an impartial person as witness and/or as a arbiter for any additional conversations.

If it was me, I would offer to pay for the next 30 days (including a portion of Jan rent) and move my stuff before the end of the month. Consider writing an agreement and ask her to sign it, If she does not agree ask that she state her reason in writing.

Your landlord should not be storing your property.

Answer 8

Was the Jan-Feb agreement in writing? If not, she doesn't have to honor it, or more precisely, you cannot enforce the agreement.

A verbal agreement is binding in most states. but real hard to prove. If you Real Estate market is typical, there are a lot of rents available at ever lower prices. She is the one with the problem. Obviously she has a financial issue as she asked you to pay utilities.

You moving out is more of a problem for her than for you.

Answer 9

If this is just a verbial agrement then you did not have an agrement in many states.

Plus why would you expect to not pay your rent because you are out of town? That is like going on vaccation and not paying your mortgage. That is jsut stupid thinking.

If you just up and move out you can be held accountable for all lost rent between the time you left and the time your lease is up. Plus you will lose your securoty deposit and they might even go after you for damages. Either pay or move but expect to pay rent untill the place is rented again.

I knew plenty of people like this in the military. They would get depolied and stop making their car payment insurance payments. Then wonder why they did not have a car when they got back to the states. You don't pay you don't stay.

Answer 10

Well if that was the agreement you should have made her put it in writing. If she is now being rude, I say move out. To be honest though I have never heard of a landlord Not making you pay whether you are there or not. Usually if your stuff IS there, you technically are still occupying the property.