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[AL] Reletting. Can the new tenant be responsible for preexisting damage?

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Zigner

Senior Member, Non-Attorney
The “departing” resident is the original tenant. The departing resident is still responsible for damage to the unit but is no longer responsible for rent payments.

The landlord has preserved his right to hold the original tenant liable for damage to the unit until the original lease expires. The landlord, with the new lease for pizdos, can also hold the new tenant secondarily liable.
I disagree with your interpretation. The departing tenant must pay for any damage at the time that he departs. This is backed up by the subsequent clause (f) that states that "The departing Resident will no longer remain liable for all Lease Contract obligations for the rest of the original Lease Contract term."

At best, there is ambiguity between the two clauses...and, as you know ambiguities are (generally) found in the favor of the party that did not draft the document.
 


Zigner

Senior Member, Non-Attorney
This portion is from the ASSIGNMENT AND RELETTING section. It describes how the procedure of reletting would look like if I decided to break my lease by finding a new tenant. I guess, this section is irrelevant because there is going to be no reletting from me to somebody else, but I think it can illustrate what should have happened if LL did not invent this "AS IS" provision.
You make a good point. We don't even know what the prior tenant's lease states - we're simply assuming that it is the same form as yours.

SPEAK TO A LOCAL ATTORNEY.
 

quincy

Senior Member
I disagree with your interpretation. The departing tenant must pay for any damage at the time that he departs. This is backed up by the subsequent clause (f) that states that "The departing Resident will no longer remain liable for all Lease Contract obligations for the rest of the original Lease Contract term."

At best, there is ambiguity between the two clauses...and, as you know ambiguities are (generally) found in the favor of the party that did not draft the document.
I (obviously) interpret the lease differently :) but you are right that ambiguities will work in favor of pizdos.

And, with luck, pizdos will leave the unit in the same condition that it was in when the original tenant entered into the lease with the landlord and the landlord will not attempt to seek compensation.
 

pizdos

Member
Thank you, guys, for looking into my issue! You are the most lively forum I asked my question on!

I understand that the best I can do is to talk to a local attorney, but my financial situation does not allow me to do it right now, and my status of an international student will likely disqualify me from receiving free legal help. So, here is my course of action (please advice if you think I am going to do anything stupid):
  1. Clean and fix major issues to reduce my financial liability in case I am held responsible in the end.
  2. Record additional video evidence before moving out and schedule a move-out inspection with LL.
  3. If I receive a bill, dispute it providing all video evidence and point out absence of any connection between me and the previous tenant in my lease agreement.
  4. If I fail to dispute, tell LL that I am going to pay the bill to avoid hurting my credit score and bring him in the small claims court to claim x2 amount of money I paid. Offer him to settle at the amount not exceeding the small claims court fee.
  5. If the bill is not withdrawn by the payment due date, pay it and file a claim to the small claims court.
 

quincy

Senior Member
Thank you, guys, for looking into my issue! You are the most lively forum I asked my question on!

I understand that the best I can do is to talk to a local attorney, but my financial situation does not allow me to do it right now, and my status of an international student will likely disqualify me from receiving free legal help. So, here is my course of action (please advice if you think I am going to do anything stupid):
  1. Clean and fix major issues to reduce my financial liability in case I am held responsible in the end.
  2. Record additional video evidence before moving out and schedule a move-out inspection with LL.
  3. If I receive a bill, dispute it providing all video evidence and point out absence of any connection between me and the previous tenant in my lease agreement.
  4. If I fail to dispute, tell LL that I am going to pay the bill to avoid hurting my credit score and bring him in the small claims court to claim x2 amount of money I paid. Offer him to settle at the amount not exceeding the small claims court fee.
  5. If the bill is not withdrawn by the payment due date, pay it and file a claim to the small claims court.
Sounds like a plan. :)

Good luck.
 

Zigner

Senior Member, Non-Attorney
If I fail to dispute, tell LL that I am going to pay the bill to avoid hurting my credit score and bring him in the small claims court to claim x2 amount of money I paid. Offer him to settle at the amount not exceeding the small claims court fee.
Why do you believe you'd be entitled to x2 the amount of the money you paid?
If the bill is not withdrawn by the payment due date, pay it and file a claim to the small claims court.
You have to be careful with either of these options. If you don't do things right, then either of these courses of action can result in you losing the ability to prevail in court.
 

pizdos

Member
Why do you believe you'd be entitled to x2 the amount of the money you paid?
Alabama law states that if LL fails to return the security deposit in 60 days, the tenant is eligible to claim double the amount of the deposit. Paying the bill is not exactly the deposit, so honestly I am not sure if I can claim it.

You have to be careful with either of these options. If you don't do things right, then either of these courses of action can result in you losing the ability to prevail in court.
You are saying I should hire an attorney before filing a claim to make sure it is done correctly? What is the other option you are referring to and why is it risky?
 

Zigner

Senior Member, Non-Attorney
Alabama law states that if LL fails to return the security deposit in 60 days, the tenant is eligible to claim double the amount of the deposit. Paying the bill is not exactly the deposit, so honestly I am not sure if I can claim it.
You stated that there was no deposit for you. He can't fail to return a deposit if there isn't a deposit in the first place.


You are saying I should hire an attorney before filing a claim to make sure it is done correctly? What is the other option you are referring to and why is it risky?
I'm saying you should speak to an attorney before sending a check so that you make sure you make the proper protestations. Otherwise, your payment could show your agreement with the LL's claim.
 

Zigner

Senior Member, Non-Attorney
Regarding paying the bill. Do I have to actually pay it to avoid collections if I am filing a claim to court?
If you don't pay the bill, the you have no claim to file in court. If you don't pay it, then the LL can (not must) send you to collections.

If you do pay it, then the LL would have no reason to send you to collections. If you do pay it, then you need to ensure that you are properly "protesting" the matter to ensure that your ability to succeed in small claims court is not harmed. You can't just say "I don't think I should have to pay it, but I don't want to go to collections" and then expect to succeed in small claims court.
 

pizdos

Member
You can't just say "I don't think I should have to pay it, but I don't want to go to collections" and then expect to succeed in small claims court.
I don't quite understand how one can pay a bill without agreeing to pay it? Or are you saying it is a matter of how strong the language in the protest is? Should it look like: "I strongly disagree with the bill you provided. I am going to pay it, but will dispute it in the small claims court"?
 

Zigner

Senior Member, Non-Attorney
I don't quite understand how one can pay a bill without agreeing to pay it? Or are you saying it is a matter of how strong the language in the protest is? Should it look like: "I strongly disagree with the bill you provided. I am going to pay it, but will dispute it in the small claims court"?
...that's why you need to speak to an attorney.
 

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