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re: OT Lawyers--Landlord/Tenant Question

Posted on 12/26/14 at 11:51 am to
Posted by lsualum01
Member since Sep 2008
1755 posts
Posted on 12/26/14 at 11:51 am to
quote:

shite like this is why I hate landlords and will always do anything in my power to frick them over. Oh, poor you has to put up another free Craigslist ad and do a $25 credit check all because your previous tenant has the nerve to make an economically smart move and become a homeowner. You want them to wait until the exact moment their lease is up to start searching for a house to buy? How long did it take you to find your house? Please do take them to court so a small claims judge can grill you about what steps you took to mitigate the loss of rent, what you did to work with your tenants to negotiate a favorable outcome for everyone, and what steps you took other than being a typical slum lord douche.


Hope I never end up renting one of my houses to an entitled dipshit like you. The point of the matter is not that a landlord is trying to punish a tenant for making a financially smart move. The point is that the tenant is being provided a service and you entered into a contract for said service and you agreed upon the terms. If you do not like the terms of the agreement, then don't rent the house from the landlord. Problems like the one the OP has mentioned could be resolved much easier if the tennant decided to contact the landlord and tried to negotiate something BEFORE he decided to break the lease. That binding contract that the landlord uses to collect penalties from tennants breaking lease is their to protect both parties and is, in your words, a financially smart move for the landlord.

To the op- I'm not a lawyer but I have been to small claims court a couple times over non-payment from a tenant. I have negotiated with people on several occasions and ended up with a resolution that was very reasonable to both parties. However, I only did so when the tenant was respectful and contacted me prior to making the decision to vacate. It depends upon the terms of your contract as to what they would get out of you breaking lease. It sounds like you at some point were okay with the penalty, and had accepted it, but only now are upset seeing that the home is being rented again. I would contact the management firm and see if they would be willing to negotiate. They may tell you tough luck since you don't really have any leverage in this situation. Either way, if I were you, I would definitely not leave the fees unpaid since It is very cheap to file a claim in small claims court and they can really screw your credit up. Good luck
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 12/26/14 at 12:04 pm to
quote:

Once again, doesn't apply because I've made my intentions in writing.


I am confused by this part... does your lease require 60 days notice?
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76410 posts
Posted on 12/26/14 at 12:07 pm to
Maybe you qualify for Sec. 8. It's helped so many people and has enriched so many communities.
Posted by Mr.Perfect
Louisiana
Member since Mar 2013
17438 posts
Posted on 12/26/14 at 12:08 pm to
quote:

shite like this is why I hate landlords and will always do anything in my power to frick them over. Oh, poor you has to put up another free Craigslist ad and do a $25 credit check all because your previous tenant has the nerve to make an economically smart move and become a homeowner. You want them to wait until the exact moment their lease is up to start searching for a house to buy?


How about you just come talk to me about it

I have 6 properties under lease, If one of my tenants called me and explained the situation I would be happy to help.

I am 7 weeks away from possible having it unoccupied, I would love to get a jump on getting it rented and not losing a month or part of it.

But lil shits like you just assume that the landlord is a jackass. You should vet your landlord just as much as I vet my tenants.
Posted by biglego
Ask your mom where I been
Member since Nov 2007
76410 posts
Posted on 12/26/14 at 12:10 pm to
To the OP: I'm a lawyer.

Just sayin.
Posted by LuckySo-n-So
Member since Jul 2005
22086 posts
Posted on 12/26/14 at 12:15 pm to
quote:

Maybe you qualify for Sec. 8. It's helped so many people and has enriched so many communities.



ha ha you so funny. I don't qualify. Besides, Mrs. LuckySo-n-So #1 worked at the EBR Housing Authority for several years, and I have done community development work in Section 8 neighborhoods. I'm somewhat familiar with Section 8. I would rather live under the I-10/Siegen overpass.

However, I would like to say thank you for the credit towards my health coverage through the ACA.
Posted by IonaTiger
The Commonwealth Of Virginia
Member since Mar 2006
33053 posts
Posted on 12/26/14 at 12:16 pm to
Both parties need to comply with the lease. I do not know whether the word "penalty" is used in the lease. Up here, courts are reluctant to enforce a "penalty". I do not know the law down there. You may want to contact an attorney down there to see whether a "penalty" is enforceable. My guess is that the word "penalty" is not used in the lease and it is simply a contractual provision for early termination. If so, that would control up here.

Try to negotiate a resolution with the landlord.
Posted by Bullfrog
Institutionalized but Unevaluated
Member since Jul 2010
56330 posts
Posted on 12/26/14 at 12:33 pm to
quote:

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).


This is not a well thought out exit strategy. If your rent is say $800/ month, that's $200 a week. 7 weeks was $1400 total due then off you go. Lease expires. Goodbye.

Instead you are paying $800 +25% of $1400 So $350+$800=$1150.

You are saving just $250 in this example and getting all this needless worry. That's crazy. But you are saving a little money.

I would have stuck it out.
Posted by Sparkplug#1
Member since May 2013
7352 posts
Posted on 12/26/14 at 1:17 pm to
When I was younger and had to rent a house, I was in a similar spot. My landlord was a complete bitch while I rented. She would just show up and snoop around the house and ask this or that. Well, I bought a house and was sure she was going to screw me cause my lease wasn't up (it was her right). We sat down and I explained my intentions. She told me she was happy for me and that was the only time she ever smiled. I agreed to let potential renters view the house while I was still occupying it. She found a renter and gave me my deposit back. You never know, unless you actually talk to them and explain your situation. Good luck. Oh, and congrats on purchasing a house. It's one of the best feelings you will ever have. Renting sucks.
Posted by LuckySo-n-So
Member since Jul 2005
22086 posts
Posted on 12/26/14 at 2:46 pm to
quote:

Oh, and congrats on purchasing a house. It's one of the best feelings you will ever have.


Thanks.

It took a long time to repair my credit from two divorces and terrible student loan decisions, but I did it without declaring bankruptcy or borrowing from family. One of the best feelings I've ever had was rolling MY garbage can out to the curb instead of throwing my trash into a communal Dumpster.
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