- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Coaching Changes
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Lease question - landlords?
Posted on 6/23/22 at 7:21 pm
Posted on 6/23/22 at 7:21 pm
Lease question: my tenant is moving out one month but is saying he shouldn't have to pay the last month due to a discrepency inside the lease. He said he discovered this a while back but let me know about it today one week before he is leaving. How would you approach this? Inside the lease, page one paragraph one states the start and end dates for the lease. On the security deposit page, it states to receive back deposit, tenant must stay the entire of lease (12-month lease). Technically, the lease is for about 12.5 months since the state and end dates fall inside the month.
Wording: 1. PREMISES AND TERM: Lessor does hereby lease to Lessee and Lessee does hereby lease from ****** to be used and occupied by Lessee and Lessee’s immediate family as a private residence, and for no other purpose, for a term commencing on the 8th day of July, 2021 and ending at midnight on the 26th day of July, 2022.
On the security deposit page (Release of the security deposit is subject to the following provisions:) he cites to his advantage, "Full term of lease has expired (12 month lease). You must stay the full term of the lease. If the property must be re-rented and or sub-leased because you are not staying for the length of the lease, a marketing fee of up to $350 will be charged.
I have already reached out to the next tenant offering him a discounted early entry if he chooses and I would reimburse the former tenant with those funds. I don't want to screw him, here, but I think he is really reaching here. However, I am just going to remove that wording on page 16 as is.
Wording: 1. PREMISES AND TERM: Lessor does hereby lease to Lessee and Lessee does hereby lease from ****** to be used and occupied by Lessee and Lessee’s immediate family as a private residence, and for no other purpose, for a term commencing on the 8th day of July, 2021 and ending at midnight on the 26th day of July, 2022.
On the security deposit page (Release of the security deposit is subject to the following provisions:) he cites to his advantage, "Full term of lease has expired (12 month lease). You must stay the full term of the lease. If the property must be re-rented and or sub-leased because you are not staying for the length of the lease, a marketing fee of up to $350 will be charged.
I have already reached out to the next tenant offering him a discounted early entry if he chooses and I would reimburse the former tenant with those funds. I don't want to screw him, here, but I think he is really reaching here. However, I am just going to remove that wording on page 16 as is.
7
Posted on 6/23/22 at 7:35 pm to rpg37
well first .. it is your lease so you should understand it better than anyone 
second .. is this in LA? states have different rules/laws regarding security deposits etc. but typically you are making a cost/benefit analysis if the amount of money is worth pursuing this tenant over ...
but make sure you check local laws/rules first they make work in your favor ... second .. know your own damn leases backwards and forwards!
good luck
second .. is this in LA? states have different rules/laws regarding security deposits etc. but typically you are making a cost/benefit analysis if the amount of money is worth pursuing this tenant over ...
but make sure you check local laws/rules first they make work in your favor ... second .. know your own damn leases backwards and forwards!
good luck
Posted on 6/23/22 at 9:02 pm to rpg37
In AR get them out and move on. Trying to litigate anything is more costly than it's worth.
Posted on 6/23/22 at 9:48 pm to rpg37
Either the lease is 12.5 months or 12 months. Your tenant can’t have it both ways i.e. stay for 12.5 but pay for 12.
Posted on 6/23/22 at 10:00 pm to Shankopotomus
Everyone I’ve asked says he has no leg to stand on. The lease is correctly worded but he’s acting dumb. He’s moving to Virginia next week. Basically though the last month rent is part of the lease…clearly stated. He’s arguing kind of the last page was not worded best…worst comes to worst, he’ll move out next week, I’ll just keep deposit for last month rent and move on. He did keep the place in immaculate condition.
Posted on 6/24/22 at 8:09 am to rpg37
So, his assertion is that he has fulfilled the terms of the lease and is applying his deposit to the last month rent? Am I understanding correctly.
Posted on 6/24/22 at 8:23 am to rpg37
He’s probably being an idiot, but then again he’s leaving and moving out of state, good luck getting last months rent out of him.
I’d just move on and embrace getting some extra time to perform repairs and clean.
That being said - be a jerk too and send him a fully itemized list of damages and bill to justify keeping the deposit.
In LA damage deposits cannot be used for rent, only for damage caused by tennant to the unit.
Although if he is saying that’s for my last months rent I’m out - maybe just get it in writing and move on too
I’d just move on and embrace getting some extra time to perform repairs and clean.
That being said - be a jerk too and send him a fully itemized list of damages and bill to justify keeping the deposit.
In LA damage deposits cannot be used for rent, only for damage caused by tennant to the unit.
Although if he is saying that’s for my last months rent I’m out - maybe just get it in writing and move on too
Posted on 6/24/22 at 10:57 am to rpg37
You should clarify in your lease that its term is for 12 full months plus any partial month, if the tenant moves in on a date other than the first day of the month. Also include a sentence that rent will be prorated for any partial month.
Posted on 6/24/22 at 11:20 am to jfw3535
I have included prorate on move in - rent not prorated on move out so it’s clear.
Posted on 6/24/22 at 12:27 pm to rpg37
quote:
He did keep the place in immaculate condition.
then you are ahead of the curve. if the dude was a good tenant and paid on time I see no reason to bicker with him over it.
Posted on 6/24/22 at 1:37 pm to rpg37
There should be no discrepancy in the term of the lease. The ambiguity is on you. In the future you need a prorated clause for any days in the house prior to or after the term of the lease.
IOW, let this one go.
IOW, let this one go.
Posted on 6/24/22 at 1:45 pm to rpg37
I've had multiple tenants not pay the last month rent. They are afraid of not getting their deposit back.
Those that have pulled this were right in that no deposit was coming back their way. The damages exceeded the deposit.
I just move on. Not worth my time and/or effort to chase them. And they are surely not getting a lawyer to contest this.
Those that have pulled this were right in that no deposit was coming back their way. The damages exceeded the deposit.
I just move on. Not worth my time and/or effort to chase them. And they are surely not getting a lawyer to contest this.
Page 1 of 1
Popular
Back to top
Follow TigerDroppings for LSU Football News