Is this allowed? - Landlord Forum thread

Is this allowed? by Lisa (AL) on May 10, 2012 @06:24

I was offered a job in my main office, which meant moving about 100 miles away. I sent my landlord my 30 days notice, stating my intentions to move, what day I would be moving out and asking him not to show the house while I was not at home just because of the dog (I was allowed to have the dog). I also stated that I would be mailing my rent for that last month (would have had it on time). I was moving out of the house before the month was over, in fact, the day I move out, I was only 7 days into my last month.

The day I was moving, I had the truck at the house, the guys loading the truck and my landlord shows up. He starts walking around the house, complaining about the lawn (my lawn mower was stolen, he knew about it). I told him I was having someone come by that afternoon after we were done to mow it. He tells me that his lawn guy was there to do it and I needed to pay him for it. I wrote him a check (I didn't have any cash on me) so he could pay the lawn guy. He then tells me that he didn't get the check for the rent, so I told him I would check with the bank and if I needed to, cancel the check and send him a new one.

The guys are trying to get the last items out of the house and he's standing in the way, questioning what they are doing, the lawn guy is in their way, etc.. He then starts asking when I would be cleaning the house. I told him I would be back the next day (Sunday) to clean it and that I had a carpet guy coming on Tuesday to clean the carpets. Only thing that needed to be done was clean the floors. He then looks at me and asks for the keys because one of the guys that worked with me was going to be moving in. I asked when I was supposed to clean and he told me to get with the guy moving in. I did get with the guy and his wife and they said they would do what was needed and I still had the carpet guy come in.

Well, he never did get the rent check for my last month. I did cancel it and was going to send him a new one, but then I found out, he had this guy move in on SUNDAY! I moves out Saturday. He did nothing to clean the house, I paid $60 for the lawn, paid $80 for the carpet and replaced 4 blinds that were damaged when I moved in so I removed them. He is calling me at work looking for the rent. Do I have to pay him? I gave him the keys on Saturday because I didn't want any problems while I had the kids and the movers at my house. Can he get rent from me after he had someone else move in? Why can't get take the 7 days I did live in the house from my security deposit? Am I wrong? I will pay him if I have to, but he didn't give me a chance to clean or to go back to the house within that month if I needed to.

I am sorry this is so long. I paid my rent on time each month for my year there, handled anything that came up without bothering him but I want to be treated fair.

Thanks,
Lisa

[ Reply ] [ Return to forum ]

Re: Is this allowed? by Katiekate (New York) on May 10, 2012 @07:50	[ Reply ]

You occupied the house for the last month...you didn't pay the rent. You owe the rent and the late fee. You canceled the check! A judge is going to have an extremely dim view of that! Yes, you are in the wrong. The security deposit is never to cover rent....ever. He really had to allow you to go back during the time you were renting to clean. The whole thing is difficult since you failed to pay the rent..you could be dealt with as a deadbeat tenant for that reason. Judge might decide that since you ran out on the rent you sure couldn't believe the landlord would let you back in later. While you were a good tenant up till the end...the way you handled the end of this tenancy will land you in court with the landlord. You could take your chances with a judge and wait for the landlord to file against you...but, if you lose it will become a part of your background for every future landlord to see and reject you because of it.

Re: Is this allowed?

Re: Is this allowed? by Susan on May 10, 2012 @08:25	[ Reply ]

Check with legal aid or an attorney as this could be construtive eviction and harrassment by the landlord. Violation of your quite enjoyment and interferance with your right to move. Your landlord did not follow proper procedures in demanding the keys and intimidating you with the demand for them then. You had a right to reenter even if rent was not paid as the landlords remedy was not self help but by filing proper notice as required by law that rent was not paid. File a complaint with the city or county against this landlord asap for harrassment and calling you at work. This is a violation of Fair Collection Laws.

Re: Is this allowed? by Micah on May 10, 2012 @08:52	[ Reply ]

What does your lease say? Are you M2M or a fixed term lease? When I had 1 yr leases I had a buyout clause in it that was equal to 2 months rent.

Re: Is this allowed? by Jake on May 10, 2012 @09:48	[ Reply ]

Your landlord is a real chrome plated pick pocket. Never turn over keys until you are completely out.

Re: Is this allowed? by Anonymous on May 10, 2012 @10:20	[ Reply ]

Even without knowing all the details, I can point to several things your landlord did that are improper to the point of being illegal. "Can he get rent from me after he had someone else move in?" No. It sounds like you have a way to contact the new tenants. Find out what they paid for the month you moved out. You can legally subtract that from what you owe the landlord for that month. "Why can't get take the 7 days I did live in the house from my security deposit?" He can. It's bad practice to use the security deposit to cover the last month of rent, but he is allowed to do that if you owe money when you move out. You should demand an itemized breakdown of how he applied your security deposit. In many states, the landlord is legally required to supply that within 30 days of the end of the lease. If he refuses to supply a detailed breakdown for anything he takes from your security deposit (including owed rent), I suggest you take him to small claims court. You might get back more than your security deposit. "Am I wrong?" Not about the stuff you listed here.

Re: Is this allowed? by Betty L on May 10, 2012 @21:26	[ Reply ]

The landlord had no right to be there harrassing you. The landlord had no legal right to be on the property under Alabama Landlord Tenant Law as it seems no notice to enter (2 Days required) was given. The landlord can not just show up and demand payment for lawn service like he did. The proper procedure was to issue 14 day notice of none compliance for the lawn not being cut. As for rent, proper procedure was to issue a pay or quit notice. What this landlord did was coerce you into giving up the keys. This was a constructive eviction denieing you the right of entry into the rental you had every right to occupy till the end of the month which was the end of the lease term. You owe this landlord nothing as he demanded the keys and accepted the rental back as is. His calling you at work is a violation of Fair debt collection pactices. You on the other hand, should consult an attorney on filing suit against this landlord.

Re: Is this allowed? by Lisa (AL) on May 11, 2012 @06:05	[ Reply ]

Thank you all for your answers. I am not interested in filing any type of lawsuit, I want to do what is right, but I also don't want to be taken advantage of or called at work. I also don't need him calling the guy who's now renting from him because we both work for the same company (different offices, but the same company). I had ever intention of sending him a new check, in fact, I had written it out but a friend told me that he couldn't collect rent from both myself and the new renter. I tried to find something online and couldn't, that's why I asked here. I will send him a letter stating all this. I will even send him a check for the 7 days I did have the house as long as he stops calling me at work. Again, thank you all for your help. Lisa