Can I be accountable for rent after I'm gone????

[janyburb]

What is the name of your state? Massachusetts

I provided my landlord 35 days notice and that I was leaving the apartment building on 11/31/03. When I moved in, I had paid first, last, and 1 month security deposit. I used my last month's rent for the cost of rent for the month of November. On 11/31/03 I turned in all keys and left a forwarding address.

My lease agreement states I must give 90 days notice, or I will be charged the equivelant of 1/2 a months rent to cover administrative costs and the such. I understand this part.

I know Mass law says that a security depost must be returned within 30 days that a tenant leaves the apartment. I have not yet recieved mine. And it's been a month and a half.

I called the landlord today inquiring about the return of the security deposit.. minus the 1/2 months fee for terminating the tenancy at will agreement in less than 90 days. She continued to tell me that since I had a 90 day contract with them, that I am responsible for the apartment until 1/31/04, including rent payments. She said she took my last month's rent to pay for the month of November, but that I'm still responsible to pay for December and January's rent. Unless someone moves into the apartment on January - in which case she will only hold me responsible for December month's rent.

Can this be done?

I see it as I've terminated my tenancy at will agreement.. I've paid rent for the time that I've occupied the building.. I'm paying the 1/2 month's rent as a fee for giving only 35 days notice and not 90 days notice.. but am I right to say that I am not liable to pay for December's month rent and that she should be sending me the remaining amount of my security deposit ASAP?

Also,,,, I know several people that lived in this same building and 1 person gave 40 days notice.. another person gave 7 days notice.. and they all received 100% of thier security deposit back. So, I know that the landlady doesnt "play by the same rules for everyone".

Would I have a case if I took her to small claims court to get my $575 (approx. the remaning amout of security deposit money after 1/2 month rent early termination fee is taken)?

Thank you for any and all assistance with this!

Janis Burbine
Abington, Massachusetts

 

[HomeGuru]

What is the name of your state? Massachusetts

I provided my landlord 35 days notice and that I was leaving the apartment building on 11/31/03. When I moved in, I had paid first, last, and 1 month security deposit. I used my last month's rent for the cost of rent for the month of November. On 11/31/03 I turned in all keys and left a forwarding address.

My lease agreement states I must give 90 days notice, or I will be charged the equivelant of 1/2 a months rent to cover administrative costs and the such. I understand this part.

I know Mass law says that a security depost must be returned within 30 days that a tenant leaves the apartment. I have not yet recieved mine. And it's been a month and a half.

I called the landlord today inquiring about the return of the security deposit.. minus the 1/2 months fee for terminating the tenancy at will agreement in less than 90 days. She continued to tell me that since I had a 90 day contract with them, that I am responsible for the apartment until 1/31/04, including rent payments. She said she took my last month's rent to pay for the month of November, but that I'm still responsible to pay for December and January's rent. Unless someone moves into the apartment on January - in which case she will only hold me responsible for December month's rent.

Can this be done?

**A: were you on a fixed lease or m/m? If fixed, when was the expiration date? And what is this 90 day contract all about?
***************
I see it as I've terminated my tenancy at will agreement.. I've paid rent for the time that I've occupied the building.. I'm paying the 1/2 month's rent as a fee for giving only 35 days notice and not 90 days notice.. but am I right to say that I am not liable to pay for December's month rent and that she should be sending me the remaining amount of my security deposit ASAP?

Also,,,, I know several people that lived in this same building and 1 person gave 40 days notice.. another person gave 7 days notice.. and they all received 100% of thier security deposit back. So, I know that the landlady doesnt "play by the same rules for everyone".

Would I have a case if I took her to small claims court to get my $575 (approx. the remaning amout of security deposit money after 1/2 month rent early termination fee is taken)?

Thank you for any and all assistance with this!

Janis Burbine
Abington, Massachusetts

**A: the security deposit refund for those other people are not relevant to your case.

 

[janyburb]

I had a tenancy at will agreement that has the following verbiage:
"This tenancy may be terminated by a written notice gievn by either party to the other before the first day of any rental period and shll be effective on the last day of that rental period or 90 days after such notice has been given, whichever is longer; provided, however, that in the event of any breach by tenant of this agreement, landlord shall be entitled to purseu any and all remidies provided or recognized by applicable law...."

This agreement commenced on 12/1/00 and each year I've signed a paper amedment stating my rent was being increased.. but I've never signed a new lease. The landlady constantly referes to this lease as a 90 day contract saying that any tenant must provide 90 days notice that they are going to vacate the building and end the contract.

It was my understanding.. since sign an update every year... and not a new contract every 90 days.. that I had a yearly contract, but that I could EITHER leave after providing 90 days notice OR, by not renewing the agreement on 12/1 . Based on the verbiage I copied from above.

There is no experation date on my lease agreement.

 

[JETX]

"This tenancy may be terminated by a written notice gievn by either party to the other before the first day of any rental period and shll be effective on the last day of that rental period or 90 days after such notice has been given, whichever is longer; provided, however, that in the event of any breach by tenant of this agreement, landlord shall be entitled to purseu any and all remidies provided or recognized by applicable law...."
*** The answer is above.... you MUST give the longer of 90 days or whatever notice you give.... in this case 30 days. You are simply obligated for the 90 day period.
(Though I do have to agree that is a crappy lease term with almost no 'out' for you unless you were to give say... 120 days notice.)

 

[janyburb]

ok -- so even though I gave 30 days notice... thus ending my contract ... and I have turned in the keys and left the building.. I am responsible to pay rent for those 90 days? In addition to the 1/2 month's rent for an "early termination" fee?

That doesnt seem right, because if I've terminated the lease, that means I no longer have a contract with them.. and I've vacated the building.. I'm paying the fee... it seemt to me that they then can not also ask for rent payment when I am not living in the building! I dont even have keys to enter the building anymore!

Also, I was under the assumption that a "rental period" was Dec 1st -- thru Nov 31st. Because, at the end of my "rental period" each year, my rent was increased and I got an admendment to sign to say I agree to pay and my contract was updated. I am not signing something every 90 days.. or every month!

And, I know that the Mass law says a landlord must remit Security Deposit within 30 days of the tenant vacating the building. I vacated the building on 11/31/03. In my case.. are they in the right to withhold my security deposit until the 90 days is up... or until someone else rents the apartment????

As you can see.. I'm having a hard time accepting that this is lawful for the landlady to do this!!!!! To me.. it seems like she CANT be withholding my security deposit.. the remaining half that is owed to me after taking out the early terminatino fee.. and she CANT charge me for rent for an apartment that I am not occupying because I've terminated the agreement.. early yes.. but it's terminated none the less!

 

[hexeliebe]

The might I suggest next time you actually READ a contract before you sign it.

Simply put, you have no recourse.

 

[HomeGuru]

ok -- so even though I gave 30 days notice... thus ending my contract ... and I have turned in the keys and left the building.. I am responsible to pay rent for those 90 days? In addition to the 1/2 month's rent for an "early termination" fee?

That doesnt seem right, because if I've terminated the lease, that means I no longer have a contract with them.. and I've vacated the building.. I'm paying the fee... it seemt to me that they then can not also ask for rent payment when I am not living in the building! I dont even have keys to enter the building anymore!

**A: you did not give proper notice to vacate, If you did, you would still be paying rent. So L is entitled to collect rent from you even if you have moved out.
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Also, I was under the assumption that a "rental period" was Dec 1st -- thru Nov 31st. Because, at the end of my "rental period" each year, my rent was increased and I got an admendment to sign to say I agree to pay and my contract was updated. I am not signing something every 90 days.. or every month!

**A: if you are a m/m tenant, there is no fixed rental lease term or "fixed period". But based on the lease terms, there is a 90 day notice period.
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And, I know that the Mass law says a landlord must remit Security Deposit within 30 days of the tenant vacating the building. I vacated the building on 11/31/03. In my case.. are they in the right to withhold my security deposit until the 90 days is up... or until someone else rents the apartment????

**A: your interpretation is incorrect. Read the law again.
*************

As you can see.. I'm having a hard time accepting that this is lawful for the landlady to do this!!!!! To me.. it seems like she CANT be withholding my security deposit.. the remaining half that is owed to me after taking out the early terminatino fee.. and she CANT charge me for rent for an apartment that I am not occupying because I've terminated the agreement.. early yes.. but it's terminated none the less!

**A: see above.

 

[JETX]

Jany, since you still seem unable to grasp your obligation as to the 90 day notice, go ahead and file in small claims. The worst that can happen is you would lose the filing fee and some time.

 

[HomeGuru]

And also maybe lose some sanity.