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08-07-2008, 02:18 PM
| | Junior Member | | Join Date: Aug 2008
Posts: 5
| | | Manager/Landlord Issue
What is the name of your state (only U.S. law)? Utah
I am a manager for an apartment building. My boss (the landlord) keeps double charging rent. For example, someone pays rent for an entire month, ends up moving on the tenth, and I move someone else in on the fifteenth and that person pays half of the month. Then my boss just pockets the double rent. What should I do? I don't want to lose my job but I am sick of all the dishonest stuff I see going on. (The other managers that manage for other properties owned by the same guy have similar stories.) Is there anything I can do? |
08-07-2008, 02:26 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 71,061
| | Quote:
Originally Posted by sday30  What is the name of your state (only U.S. law)? Utah
I am a manager for an apartment building. My boss (the landlord) keeps double charging rent. For example, someone pays rent for an entire month, ends up moving on the tenth, and I move someone else in on the fifteenth and that person pays half of the month. Then my boss just pockets the double rent. What should I do? I don't want to lose my job but I am sick of all the dishonest stuff I see going on. (The other managers that manage for other properties owned by the same guy have similar stories.) Is there anything I can do? | **A: you can advise the tenants that moved out to sue for their money. |
08-07-2008, 09:40 PM
| | Member | | Join Date: Jul 2008
Posts: 41
| | | BBB would be good to.. ( Better business Bureau ) A report of something like that to them can maybe lead to what you desire. |
08-07-2008, 09:50 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,461
| | | Tenant pays for full month and decides to move mid month, then he forfeits the balance of the month. LL is not obligated to prorate his rent. He must however prorate the new renter's rent.
You need to examine your allegiance to the owner and leave the thinking to him. Afterall, It is he that is liable for his and your actions.
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In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
Last edited by Alaska landlord; 08-08-2008 at 02:49 AM.
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08-07-2008, 09:55 PM
| | Senior Member | | Join Date: Jun 2006
Posts: 1,806
| | | The Better Business Bureau has no legal power to make a landlord or a tenant do anything he or she doesn't want to do. The BBB can try and arrange a meeting to resolve problems, but the Bureau is really a "paper tiger." A complaint can be filed with the Bureau to be read by someone who wants to move into that building, but wants to check out the management first. Realistically, how many people actually do that? |
08-08-2008, 01:14 AM
| | Junior Member | | Join Date: Aug 2008
Posts: 5
| | Quote:
Originally Posted by Alaska landlord Tenant pays for full month and decides to move mid month, then he forfeits the balance of the month. LL is not obligated to prorate his rent. He must however prorate the new renter's rent.
You need to examine your allegience to the owner and leave the thinking to him. Afterall, It is he that is liable for his and your actions. |
Are you advising me to do nothing while I watch these dishonest things occur just because I won't be held responsible for them if the landlord is caught? I was hoping to do something about the situation now so that I can prevent other tenants from being taken advantage of. |
08-08-2008, 02:48 AM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,461
| | | Just because you think it's dishonest does not make it so.
A tenant that vacates mid-month has no claim on any funds for un-used days left on the lease unless his or her lease specifies it or state law requires it.
The incoming tenant will be liable from day 1 of occupancy till the last day of his or her lease. The landlord can help avoid deadbeats by charging full month the first month and pro-rating the second month, begining with the day the tenant obtained the keys.
When you own your own property, then you can decide how generous you can be.
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In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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08-08-2008, 09:03 AM
| | Member | | Join Date: Jul 2007
Posts: 66
| | | I wouldn't mind having this problem...my tenants have always either asked about pro-rating the final month or just move out with only a few days left on the lease.
Technically, I think the apartment still belongs to the previous tenant however I don't know of anything in my state laws that would prevent me from renting to another tenant during that time if the previous tenant had vacated. |
08-08-2008, 09:49 AM
| | Senior Member | | Join Date: Jul 2003 Location: In the good old US of A
Posts: 11,518
| | | If the tenant pays an entire month , the tenant is well aware that the entire months rent is gone , if they move out mid-month .
You need not worry yourself .
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"Egotism is the anesthetic that dulls the pain of stupidity."
Borrowed .
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08-08-2008, 09:54 AM
| | Senior Member | | Join Date: Jul 2005 Location: Massachusetts
Posts: 10,697
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Originally Posted by sday30 Are you advising me to do nothing while I watch these dishonest things occur just because I won't be held responsible for them if the landlord is caught? I was hoping to do something about the situation now so that I can prevent other tenants from being taken advantage of. | Your boss is doing NOTHING ILLEGAL. Period. Nothing immoral either.
__________________ Quote:
It almost never fails: OP asks for advice, gets the unvarnished truth from Ohiogal, OP gets in a snit and claims all the trouble has suddenly disappeared and the sun is shining once again.
This is a scientific phenomenon, and it should be called The OG Factor.
| ~CLT747~
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08-08-2008, 10:52 AM
| | Junior Member | | Join Date: Aug 2008
Posts: 5
| | Quote:
Originally Posted by Alaska landlord Just because you think it's dishonest does not make it so.
A tenant that vacates mid-month has no claim on any funds for un-used days left on the lease unless his or her lease specifies it or state law requires it.
The incoming tenant will be liable from day 1 of occupancy till the last day of his or her lease. The landlord can help avoid deadbeats by charging full month the first month and pro-rating the second month, begining with the day the tenant obtained the keys.
When you own your own property, then you can decide how generous you can be. | I guess I should have been more clear. I actually called my boss's lawyer, got one of his paralegals, and told her the situation. She explained that under no circumstances is it legal to accept double rent for one apartment during the same amount of time. (I know this is at least true in Utah, and I thought in most other states.) Even if a person pays three months of rent to "buy out" of the lease and then I move someone in during those three months, we Must reimburse beginning the day the new tenant moves in. I even called my boss and told him this and he said he already understands that it is illegal to accept double rent, but then for some reason he does it anyway. He'll get away with it by saying that the tenant didn't carpet clean (even though he never inspects the apartment, he wants me to do that) so that's why he keeps the money. But when I tell him that the tenant did carpet clean because I saw him/her doing it, AND they even brought me their receipt, he just "brushes me off." It has already been established that there is dishonest stuff going on. I was just wondering if there was anything I, as the manager, could do about it.  |
08-08-2008, 10:56 AM
| | Member | | Join Date: Jan 2008
Posts: 60
| | Quote:
Originally Posted by Alaska landlord A tenant that vacates mid-month has no claim on any funds for un-used days left on the lease unless his or her lease specifies it or state law requires it. | A tenant has exclusive possession of the property for as long as he has paid for it. The landlord has breached that exclusive possesson by moving someone else in. This is sleezy.
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This is not legal advice. This isn't even good advice.
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08-08-2008, 11:14 AM
| | Junior Member | | Join Date: Aug 2008
Posts: 5
| | | By the way, the reason this is such an issue is because we live right next to the University. Hence, each month I receive a list of students who want to rent from us. So when someone moves out early there is no question that I will re-rent the apartment as soon as I can turn it around...and I get in trouble if I don't re-rent apartments within a week of someone moving out. Being a student myself, I feel extra bad seeing other struggling students being ripped off. |
08-08-2008, 01:32 PM
| | Senior Member | | Join Date: Feb 2007
Posts: 2,461
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Originally Posted by Mr. Nice A tenant has exclusive possession of the property for as long as he has paid for it. The landlord has breached that exclusive possesson by moving someone else in. This is sleezy. | Once the keys have been surrendered, the tenant has abandoned the remaining days on the lease and all property left inside. Not sleazy, just smart business to move someone in and keep or dispose of left over property. States give great latitude to landlords when clear cut surrender occurs.
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In California, 50 women protested the impending war with Iraq by lying on the ground naked and spelling out the word peace. Right idea, wrong president. - Jay Leno, comparing Clinton to Bush
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08-08-2008, 10:24 PM
| | Member | | Join Date: Jul 2008
Posts: 41
| | It is Rare and I do mean Rare to see some one that has Morals to this extent. I know you kind of fear looseing your job.. but... you obviously feel very strongly about this situation and want some form of resolution.
Have you considerd documenting such cases for fair amount of time.. I am meaning keep records ect.. names dates all of it.. while you are finding / looking for a different Job.. Least this way while you are looking you will in essence be doing " Something " to help these people. Then as soon as you find a suitable job take all the documentation and turn his behind in... ? ( the documetation at least will give you valid proof ) make copies or what ever u have to do Just make sure that what you are doing is not against any Laws in your state. Just throwing out an idea. but seriously if you are haveing this much trouble swallowing what your boss is doing then you deffinately working for the wrong person. Best to get new job.  | |
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