Month to month rent question.

[Vegas]

What is the name of your state? Washington State.

Ok, I lived in a six unit complex in Spokane, Wa for about four years. Recently, July of 07', I was offered a teaching job in Las Vegas, NV which I accepted. The rental contract stated that I needed to give my landlord 20 days notice to vacate the apartment or I was responsible for the next months rent. I was on a month to month contract. The job was offered to me on short notice, and I was only able to give the landlord a 13 days notice that I was leaving. When I told him, he said that I should pay the rent in full for the month of August and, his words, "we will work something out". SO, we move out on Aug. 9th and cleaned up as best we could. There were four years of wear on the place and the carpet wasn't new when I moved in. Anyway, I got back a little over a hundred dollars on my deposit, minus his fixing and cleaning fees, which was fine, I don't dispute that. The issue I have is that I paid the entire month of August rent, was out by the 9th, and he did not refund any of my rent. I know legally the contract stated I had to give him twenty days notice BUT, he had his people come in and work on the apartment DURING the month of August that I had paid for. When I spoke with him on the phone letting him know that he was able to get the apartment ready much sooner than he would have if we had stayed the whole month, he diverted to the "legal" issue of the contract. He didn't "work anything out with me" and I feel like he used my rent money to his advantage. He also told me that if he would have been able to get the place rented in August he could have refunded me a portion of my August rent, which he said couldn't have happened because of the time it took to "fix the place up" (6 hours of labor??). Do I have any recourse/legal foundation with him entering and preparing the apartment for the next tenant on MY dime??? Thank you for any and all info/help.

[Blue Meanie]

Your LL did nothing wrong.

[GulfBreeze]

IMHO

Legally, you were supposed to give a 20 day notice or you were responsible for the next month's rent. You gave only a 13 day notice, so "technically" you didn't and according to the lease, you owed the next month's rent. Did he say anything that gave you the impression that you were going to get a break? Probably...but he was not required to. You paid the month's (August) rent but moved out by the 9th. Did you have to move out then? No...You could have stayed to the end. Then he would not have had all that time to get it ready. It was just icing on the cake. He had an apart that he was able to work on that was paid for, thus not losing him any rent time. I am not sure about your state's laws, but in any state I have lived in and own property, I was only able to subtract a small fee for "simple cleaning". Painting and carpet was required to be done in between each tenant, so that was my burden, not the tenant. Now, the issue of any rent being return would only be applied if he had turned the apt around and rented it out, say by the 15th. He is not allowed to have been paid for rent by not tenant on the same apt. without refunding a portion of that month's rent to the previous renter. But as I said, it's IMHO and not based on your states law. Check with your State's Attorney Office and ask them. They will help you get the answer you need. Unless it's a huge amount, I just wouldn't worry too much about it and just move on. It really came down to the fact that you didn't give proper notice and it was your choice not to stay until the end of the paid month.

[Vegas]

I moved out on the 9th because my position started a week later in Vegas. Why should he be able to benefit on my dime (being able to get the place ready by Sept. instead of Oct.)? It wasn't a huge chunk of change, but it comes down to principal, and doing what is right. I would have let a vagrant live there for three weeks if I would have known he was going to do what he did. He is definitely in the wrong. I will check with my State's Attorney Office though. Thank you.

[GulfBreeze]

Originally Posted by Vegas

I moved out on the 9th because my position started a week later in Vegas. Why should he be able to benefit on my dime (being able to get the place ready by Sept. instead of Oct.)? It wasn't a huge chunk of change, but it comes down to principal, and doing what is right. I would have let a vagrant live there for three weeks if I would have known he was going to do what he did. He is definitely in the wrong. I will check with my State's Attorney Office though. Thank you.

Whether he is right or wrong isn't the issue..because he is not wrong. You could have, hind-sight, had let someone else stay there for the rest of the month, but you "thought" he was going to do good on his word. The problem is, he was not required to. The only recourse you have is if he rented it out mid month and you brought those people in or could show that they occupied it in that month. Otherwise, he could have sat on the empty "paid" apt for that month and you could not get anything back. Check into it though. Your SA would be able to give you better info. Good luck.

[Vegas]

Originally Posted by GulfBreeze

Whether he is right or wrong isn't the issue..because he is not wrong. You could have, hind-sight, had let someone else stay there for the rest of the month, but you "thought" he was going to do good on his word. The problem is, he was not required to. The only recourse you have is if he rented it out mid month and you brought those people in or could show that they occupied it in that month. Otherwise, he could have sat on the empty "paid" apt for that month and you could not get anything back. Check into it though. Your SA would be able to give you better info. Good luck.

Understood. But do you get my point that he, potentially, gained profit by benefiting himself with my money? That's wrong.

[GulfBreeze]

Originally Posted by Vegas

Understood. But do you get my point that he, potentially, gained profit by benefiting himself with my money? That's wrong.

I get your point, but do you understand that he is entitled to it under the agreement you had with him that he was to get a 20 day notice? That is what is written, signed and agreed to. You didn't give a 20 day notice, thus didn't live up to it and are responsible for the next month's rent. Is it fair, yes and no. I wouldn't want to pay for a full months rent and not be living in it, but thats what the agreement says. So....the bottom line is, who is legally right. He is. Too bad he wasn't a nice guy and work something out like he said he would. BTW, he never did say what he was going to do...just said he was...leaving you with the impression he was going to treat you right. It's just that he said that and didn't. Sorry.

[Vegas]

Originally Posted by GulfBreeze

I get your point, but do you understand that he is entitled to it under the agreement you had with him that he was to get a 20 day notice? That is what is written, signed and agreed to. You didn't give a 20 day notice, thus didn't live up to it and are responsible for the next month's rent. Is it fair, yes and no. I wouldn't want to pay for a full months rent and not be living in it, but thats what the agreement says. So....the bottom line is, who is legally right. He is. Too bad he wasn't a nice guy and work something out like he said he would. BTW, he never did say what he was going to do...just said he was...leaving you with the impression he was going to treat you right. It's just that he said that and didn't. Sorry.

Yes, I do understand that he is legally entitled to the rent monies for Aug. because I didn't give the 20 days notice. But is it legally ok for him to prepare the place for the next tenant while I was still paying for the space? That's my question. I really appreciate your time and knowledge, thank you.

[Blue Meanie]

Originally Posted by Vegas

Yes, I do understand that he is legally entitled to the rent monies for Aug. because I didn't give the 20 days notice. But is it legally ok for him to prepare the place for the next tenant while I was still paying for the space? That's my question. I really appreciate your time and knowledge, thank you.

Of course he can!! If he rented it during that period, that would be different .

[Vegas]

Originally Posted by baystategirl

Of course he can!! If he rented it during that period, that would be different .

And you think that is right? That he is gaining off of my money? Wow, you must be a lawyer.

[Blue Meanie]

Originally Posted by Vegas

And you think that is right? That he is gaining off of my money? Wow, you must be a lawyer.

It doesn't matter what I think is correct...just what the law thinks is correct.

BTW: I am not an attorney or a landlord ...I am a renter, just like you.

[Vegas]

Originally Posted by baystategirl

It doesn't matter what I think is correct...just what the law thinks is correct.

BTW: I am not an attorney or a landlord ...I am a renter, just like you.

I've been looking, and haven't found any law or the revised code that states it is correct or legally ok for him to go in and prepare the apartment for the next tenant while my rent was still valid. If you have a link, let me know. Holla.

[Blue Meanie]

Originally Posted by Vegas

I've been looking, and haven't found any law or the revised code that states it is correct or legally ok for him to go in and prepare the apartment for the next tenant while my rent was still valid. If you have a link, let me know. Holla.

Did you find one that said he COULDN'T either??
You vacated the apartment. You lease was over. Get over it.

[Vegas]

Originally Posted by baystategirl

Did you find one that said he COULDN'T either??
You vacated the apartment. You lease was over. Get over it.

I'm pretty sure it's common sense that you don't go into a place that someone else is paying for, even if you are the owner. Think about it, if you leased a car, do you think the company you are leasing from has the right to take your car for a spin around town or sit in it and listen to the stereo? My lease wasn't over...I had paid through the month of August. You get over it.

[GulfBreeze]

Originally Posted by Vegas

Yes, I do understand that he is legally entitled to the rent monies for Aug. because I didn't give the 20 days notice. But is it legally ok for him to prepare the place for the next tenant while I was still paying for the space? That's my question. I really appreciate your time and knowledge, thank you.

Well, only if you moved your stuff out (which he would possibly be able to claim that you abandoned the apt before the end of the month) and especially if you turn the keys in....usually something you would do if you cleaned it and did a walk thru afterwards...your welcome.

i would still ask your SA and find out when it was re-rented.