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OT Lawyers--Landlord/Tenant Question

Posted on 12/26/14 at 2:11 am
Posted by LuckySo-n-So
Member since Jul 2005
22079 posts
Posted on 12/26/14 at 2:11 am
I live in an apartment.
I bought a house.
I am breaking my lease by 7 weeks, moving out in January.
Landlord is charging me a " penalty" of one month's rent plus 25% of remaining lease, plus forfeiture of deposit (which was non-refundable because of a pet anyway).
I know for a fact that my apartment has been rented and the new tenant will move in approximately 2 weeks after I vacate. In effect, the landlord will be receiving double rent. I believe that this is unethical and immoral, if not illegal.

Does the landlord get away with this by calling it a " penalty"? I can get a couple of nasty letters sent by a lawyer for minimal cost if need be (although, obviously, it would not be worth pursuing much further). I could just not pay it, but the property management company would ruin my credit, which I have worked hard to restore.

And, yes, I realize I signed a contract, but my concern is that the new tenant is mitigating their loss, yet they are still collecting money from me.

What say the OT?
Posted by FCP
Delta State Univ. - Fightin' Okra
Member since Sep 2010
4777 posts
Posted on 12/26/14 at 2:30 am to
Legally, the landlord can do what he wants as long he complies with the terms of the contract you entered. But, you know that already. It sounds like you are mainly worried about the credit score issue. Since you don't really have any legal recourse, my advice would be to reach out to the landlord and see if he will negotiate the exit fees. As a landlord he may be receptive to your request if you return the premises to him without any damage caused by the pet--since he's keeping the security deposit already. At least I would as a landlord. Otherwise, if you skip out on the money, you'll likely get hounded for a while. Depending on how much of an a-hole he is, you could also be facing a small claims court judgment. A lot of times landlords are well versed in taking people to small claims or justice of the peace courts. The main thing I would worry about is the negative reference on your credit and rental history. I rent a couple of small houses, and I routinely get queries from lending agencies and other landlords seeking information about former tenants who are seeking either a loan for buying a new house or even for just moving into a new apartment. Just last week I got a request like that for some tenants who lived in the house back around 2006. Between that possibility and the credit score issue you mentioned, I would strongly recommend trying to negotiate something with the landlord rather than just skipping out.
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 12/26/14 at 4:20 am to
Your Equifax and Trans Union score will be affected. If you say frick it, and bounce without paying the Land Lord will chase you down. You don't want some POS Land Lord hurting your chances on getting approved on refinancing your current rate on the rental property or taking out a second mortgage.
Posted by jbgleason
Bailed out of BTR to God's Country
Member since Mar 2012
18901 posts
Posted on 12/26/14 at 4:59 am to
At that rate, seven weeks early - 1 month penalty rent - 25% of the three weeks, you are practically paying out your lease. Not to mention he already has the place rented again.

I would sit down with him/her, in person and not email or phone, and explain your view on things. Your only leverage is to state that at the rate you are being charged you are going to go ahead and pay out the remainder of the lease and not allow the new tenant to take occupancy. I am sure they already have a new lease with that person so now they have to deal with that. Seems like fair would be for you to pay full rent up until the new tenants take occupancy.

Be a man and go talk with them instead of resorting to lawyer letter writing. Beta.
Posted by Bullfrog
Institutionalized but Unevaluated
Member since Jul 2010
56211 posts
Posted on 12/26/14 at 5:19 am to
It's just 7 weeks. Do not vacate until the end of the term. The LL needs to suck the big one and you'll be cock blocking their double rent.
This post was edited on 12/26/14 at 5:21 am
Posted by Layabout
Baton Rouge
Member since Jul 2011
11082 posts
Posted on 12/26/14 at 5:22 am to
Is the landlord a management company that manages an apartment complex or is it an individual who just rents out one or two rent houses? If it's an individual, he's probably not going to bother reporting you to any credit rating companies.
Posted by Poncho
R.I.P. Ivar's
Member since Aug 2014
537 posts
Posted on 12/26/14 at 6:02 am to
Uhhh...if you're already paying the penalty plus forfeiting deposit just tell them you'd like to stay for as long as you leased the apartment.

If they are smart they will realize that won't allow them to rent to successive tenant, and mutually beneficial for you both to walk away.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
68290 posts
Posted on 12/26/14 at 6:27 am to
quote:

It's just 7 weeks. Do not vacate until the end of the term. The LL needs to suck the big one and you'll be cock blocking their double rent. 


winner winner chicken dinner
Posted by bigblake
Member since Jun 2011
2501 posts
Posted on 12/26/14 at 7:03 am to
(no message)
This post was edited on 11/5/15 at 9:32 pm
Posted by Aspercel
Member since Jan 2009
105888 posts
Posted on 12/26/14 at 7:04 am to
Did the landlord take rent or a buyout penalty?

We can't charge double rent, so if you skip you are only charged until re-rented. If you do a buyout, the money paid is the equivalent of one or 2 months rent (depending on which lease you are in) and is not actually rent at all. This is stated in the form you sign for early termination. Not rent.
This post was edited on 12/26/14 at 7:06 am
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11200 posts
Posted on 12/26/14 at 7:12 am to
quote:

the landlord will be receiving double rent. I believe that this is unethical and immoral, if not illegal.


Coming from a lease skipper. Man how rich is that@
Posted by LuckySo-n-So
Member since Jul 2005
22079 posts
Posted on 12/26/14 at 7:44 am to
quote:

TigerGman


quote:

Coming from a lease skipper. Man how rich is that@


Well, there's "that guy".
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
68290 posts
Posted on 12/26/14 at 7:49 am to
so what are you going to do?

I would just stay at my apartment u til the lease runs out. gives plenty of time to settle in you new house. why pay rent plus 25% or whatever. just pay normal. you arent getting deposit back so dont overly clean. probably a good time to go through all your crap and "clean house" so to say
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11200 posts
Posted on 12/26/14 at 7:54 am to
quote:

Well, there's "that guy".

look in the mirror dude. you're trying to beat out your landlord by almost 2 months, but he's illegal , unethical and immoral and you're the Saint who's being wronged.

YOu're a typical deadbeat whining for excises...

Posted by LuckySo-n-So
Member since Jul 2005
22079 posts
Posted on 12/26/14 at 7:54 am to
I can't just stay until the end of my original lease because I have already declared in writing my intent to leave on a certain date. I was also willing to eat whatever fees were imposed. However, three people who work at the complex have told me my apartment has already been rented and the manager did not deny it when confronted about it. Management is a giant management company and their attitude is " sucks to be you".

So I'm guessing that by calling it a "penalty" they are in the clear.
Posted by LuckySo-n-So
Member since Jul 2005
22079 posts
Posted on 12/26/14 at 7:55 am to
quote:

TigerGman


You don't know what the frick you're talking about so why don't you go frick yourself.
Posted by TigerGman
Center of the Universe
Member since Sep 2006
11200 posts
Posted on 12/26/14 at 7:56 am to
quote:

I have already declared in writing my intent to leave on a certain date.


And I'm guessing they "declared in writing" tough shite.

read something before you sign it.
Posted by LuckySo-n-So
Member since Jul 2005
22079 posts
Posted on 12/26/14 at 8:00 am to
Once again:



Posted by boosiebadazz
Member since Feb 2008
80211 posts
Posted on 12/26/14 at 8:10 am to
I like where this thread is going.
Posted by TheOcean
#honeyfriedchicken
Member since Aug 2004
42465 posts
Posted on 12/26/14 at 8:10 am to
I'd ask for a detailed list of how he calculated the penalty. Basically, show me why my moving out is going to cost you X amount. If he can't do that, make an attorney friend that can draft a letter?

Eta: not legal advice
This post was edited on 12/26/14 at 8:11 am
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