crusecharles
Junior Member
Hello,
I am in the state of Virginia. I broke my lease with my landlord and gave 24 days notice rather than 60 as stated in his contract. I was paid up until the 6/9 and moved out that date. I had given my landlord checks in advance that were dated for future dates. I found someone to move into the apartment (Not subletting or assigning my lease, as far as I can tell since I broke mine and the landlord signed a separate lease with the new tenant) and he started 6/14. I was on month to month at this point.
Because I was paid up until 6/9, I cancelled the check that was available beginning 6/1. I informed my landlord while giving notice that I was paid up until 6/9 and did not have to pay for June's rent (which we had agreed upon earlier), however did not explicitly say that the checks were cancelled. My landlord states that he missed a mortgage payment because not enough funds were in his bank since my check bounced and in turn his payment did not go through with sufficient funds. He claims that there was a 10% fee on his mortgage for being late, a $35 fee for turning a bounced check, and his credit and reputation with the bank have taken a hit.
I agree that I should pay rent for the days between I moved out and when the new tenant moved in. I will pay his fees $35 fee if he can provide a receipt. But he wants to give me $400 when I think I should receive about $750 (was willing to go down to $650 to pay a bit for that 10% fee he received). I left the apartment in better condition that I received it, so there are no reductions from that standpoint. We do not seem to be able to come to an agreement on price so I am considering Small Claims court.
I realize I broke the lease and am more than willing to admit it, but I found him a new tenant and am willing to pay for days that the apartment was vacant. However, he claims that if we go to court, I will not receive any of my deposit simply because I did not give full notice and broke the contract. However, if he has received full payment for the month, will that really be the case? I understand he could have possibly received a fee for late mortgage payment (it could also not be true, he has been known to lie to me and other tenants in the building), but that is not related to our contract to this household. Should I take the $400 or do I stand a chance in court to recoup at least $650?
Thanks
I am in the state of Virginia. I broke my lease with my landlord and gave 24 days notice rather than 60 as stated in his contract. I was paid up until the 6/9 and moved out that date. I had given my landlord checks in advance that were dated for future dates. I found someone to move into the apartment (Not subletting or assigning my lease, as far as I can tell since I broke mine and the landlord signed a separate lease with the new tenant) and he started 6/14. I was on month to month at this point.
Because I was paid up until 6/9, I cancelled the check that was available beginning 6/1. I informed my landlord while giving notice that I was paid up until 6/9 and did not have to pay for June's rent (which we had agreed upon earlier), however did not explicitly say that the checks were cancelled. My landlord states that he missed a mortgage payment because not enough funds were in his bank since my check bounced and in turn his payment did not go through with sufficient funds. He claims that there was a 10% fee on his mortgage for being late, a $35 fee for turning a bounced check, and his credit and reputation with the bank have taken a hit.
I agree that I should pay rent for the days between I moved out and when the new tenant moved in. I will pay his fees $35 fee if he can provide a receipt. But he wants to give me $400 when I think I should receive about $750 (was willing to go down to $650 to pay a bit for that 10% fee he received). I left the apartment in better condition that I received it, so there are no reductions from that standpoint. We do not seem to be able to come to an agreement on price so I am considering Small Claims court.
I realize I broke the lease and am more than willing to admit it, but I found him a new tenant and am willing to pay for days that the apartment was vacant. However, he claims that if we go to court, I will not receive any of my deposit simply because I did not give full notice and broke the contract. However, if he has received full payment for the month, will that really be the case? I understand he could have possibly received a fee for late mortgage payment (it could also not be true, he has been known to lie to me and other tenants in the building), but that is not related to our contract to this household. Should I take the $400 or do I stand a chance in court to recoup at least $650?
Thanks