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deposit/rent question

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ultimase

Junior Member
Recently I've moved from the Philadelphia area out to Oklahoma. The background to this problem is the rental control renewed on a year to year basis, and it was set to expire at the end of July 2010. We ended up moving before the end of June and it was my understanding that I paid the rent up until the end of July 2010 and that the landlord would return whatever rent was left over when he found a tenant.

Earlier this month when I went to change the gas bill out of my name the customer rep informed me that someone had already changed it out of my name starting July 14th. At this point I felt that I could assume that the landlord had found a tenant and that I would be owed at least half of the last month's rent back. After speaking with the landlord today, he's telling me that the tenant only just moved in this weekend.

I guess here's the question, I feel that the change in ownership of the gas bill constitutes a change of responsibility of the property, I feel at that point the responsibility of the property is no longer mine. Is it right for the landlord to keep the remaining rent for that month?

Second question, the landlord is claiming that the carpet was stained and teared and he was unable to remove the stain with Stanley steamer. He is regretful that he did not take any pictures showing the stains.

Now we did take video before we left, and I do not remember there being any stains in the carpet before we left. The video isn't showing stains, but I will concede that stains probably won't show well, but I can see what is referring to as the tears. There are two 2 ft portions where some thread was pulled out. I'm curious if this damage constitutes enough to replace the entire room's carpet and not just patching that area. Is the benefit of the proof regarding the stains on my end or on his end?

I really don't want to make an enemy here, but I really feel like I might be going for a bit of a ride here.

What is the name of your state (only U.S. law)?
Currently in Oklahoma, but was living in PA when this occurred.
 


Gail in Georgia

Senior Member
What constitutes a change in ownership is based on the date the lease is to go into effect, not the date that the utilities were put in the new tenants name.

Carpets are prorated with the overall life of the carpet in a rental being around 7 to 10 years. If the carpet needed to be replaced you would only owe for the amount of the prorated life of this carpet.

Gail
 

ultimase

Junior Member
Thank you gail.

So it looks like I don't have much of a case with the rent, unless the actual contract states earlier move in, not sure what success I'd get there. I'm just a bit suspicious since we moved out that early, and he wanted to do some work to the house that was beyond our wear and tear, it just seems a little wrong that I'd be responsible for the house while the work was being done. But again I don't know tenant law.

As for the carpet being prorated, I guess that's reasonable, the carpet was new when we moved in, being there for 4 years it would be about at half it's life. We'll have to see what the receipt says in terms of replacing the entire room's carpet or just a patch.
 

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