Landlord trying to get double payment

[dmarrero]

I reside in Arizona, Chandler... I rented an apt with a 1 yr lease. Uncontrolled circumstances forced me to vacate two months short of my lease ending. I gave a 30 day notice which was accepted. I moved out the 10th of August and they rented my old apt on the 24th of August. They are telling me I have a "buy-out" to pay of over $1200. they are receiving rent from the new tenant and expect me to pay on the apt also. I believe I have only the days it was vacant. I need to be able to defend myself in this matter. Advise plz.

 

[peter]

Unless there is a provision in the lease for a buy out or a early termination fee.....which you did sign...then that is the only way to ever get double rent on an apartment.....and even then you could probably sue in small claims court.

so tell them to take a hike...you owe only for the 14 days, and it should be taken out of your security deposit, and the difference returned to you.

They have no right to do this.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dmarrero:
I reside in Arizona, Chandler... I rented an apt with a 1 yr lease. Uncontrolled circumstances forced me to vacate two months short of my lease ending. I gave a 30 day notice which was accepted. I moved out the 10th of August and they rented my old apt on the 24th of August. They are telling me I have a "buy-out" to pay of over $1200. they are receiving rent from the new tenant and expect me to pay on the apt also. I believe I have only the days it was vacant. I need to be able to defend myself in this matter. Advise plz.<HR></BLOCKQUOTE>

You may be entitled to the return of your entire security deposit since L did not return it or provide reasons for deductions within the period prescribed by the L/T law. How do you put yourself in a position to defend? By putting yourself in the offensive position.
Do a search on this website under State Statutes for Arizona, then L/T security deposit laws. The tell L there is no buyout; this is real estate not options.

 

[dmarrero]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
You may be entitled to the return of your entire security deposit since L did not return it or provide reasons for deductions within the period prescribed by the L/T law. How do you put yourself in a position to defend? By putting yourself in the offensive position.
Do a search on this website under State Statutes for Arizona, then L/T security deposit laws. The tell L there is no buyout; this is real estate not options.<HR></BLOCKQUOTE>

I did not have to pay a security deposit got in on a special.... so now what?

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dmarrero:
I did not have to pay a security deposit got in on a special.... so now what?<HR></BLOCKQUOTE>

Did you pay for July rent? Did you pay for August rent? If you were current for July and did not pay August, then you owe rent for 14 days.

 

[peter]

If you got in on a special deal, and the deal is you stay the FULL12 months....well you didnt..so you OWE whatever the difference special deal and the regular price, and if its $1200 well....you owe it.....

Sorry ... ya gotta pay it or it will be on your credit report as a judgement.

Remember YOU DID sign the lease.

 

[peter]

but if your parents were dying or in intensive care, and you had to move home... that might be a mitigating circumstance for a judge NOT to force you to pay the moolah.

 

[dmarrero]

I paid July, I paid 10 days in August. They accepted my 30 day notice. I have gotten so many responses on this, "yes you do pay" "no you don't have too", I am really seeking legal advise. THey are getting double payments on this apt and it does not seem legal. They have a renter already in there.

 

[peter]

Yes you should seek to find a Landlord Tenant lawyer.....

And he will tell you, that if you got a special say $100 a month off the rent, or a free months rent, for signing a lease, and you didnt stay then you would owe the difference between the sale price and the regular price...at least for those 10 months.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dmarrero:
I paid July, I paid 10 days in August. They accepted my 30 day notice. I have gotten so many responses on this, "yes you do pay" "no you don't have too", I am really seeking legal advise. THey are getting double payments on this apt and it does not seem legal. They have a renter already in there.<HR></BLOCKQUOTE>

Read my original response.

 

[Tracey]

We can't give you legal advice for 2 reasons: we aren't licensed to practice law in AZ, and we haven't read your lease.

If your lease says that you got a special rate for signing a 1 year lease and that you owe tha difference if you leave early, then you'll have to convince a judge that $1200 is an unconscionable amount of liquidated damages when the apt was empty for 2 weeks & they obviously didn't have any trouble re-renting it. You may not even have to reimburse them for advertising/showing the place, since they would have had to do that in a month anyway.

If the landlord's just trying to collect full rent from you for the entire lease period, he's SOL. Landlords can't collect rent on one apt from 2 tenants. The tenant who is not living in the apt can sue the landlord for 'unjust enrichment'. Again, L's damages are limited to what L can prove -- the per diem rent L didn't collect because you only paid until the 10th & he didn't re-rent until the 24th. Again, you argue that the advertising costs are not damages, since L would have incurred them anyway & L now has a new year lease.

Good luck & read your landlord tenant law.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[dmarrero]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:
Unless there is a provision in the lease for a buy out or a early termination fee.....which you did sign...then that is the only way to ever get double rent on an apartment.....and even then you could probably sue in small claims court.

so tell them to take a hike...you owe only for the 14 days, and it should be taken out of your security deposit, and the difference returned to you.

They have no right to do this.<HR></BLOCKQUOTE>

I just have to give you an update!!! First off I am a Christian and believe in God to His fullest and know and have seen Him work in my life time and time again. He did this time also, I called the apt complex after your response, and they told me they want to settle this and that i would only have to pay for the 14 days!!! Praise the Lord!!!
Debra

 

[dmarrero]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
You may be entitled to the return of your entire security deposit since L did not return it or provide reasons for deductions within the period prescribed by the L/T law. How do you put yourself in a position to defend? By putting yourself in the offensive position.
Do a search on this website under State Statutes for Arizona, then L/T security deposit laws. The tell L there is no buyout; this is real estate not options.<HR></BLOCKQUOTE>

I just have to give you an update!!! First off I am a Christian and believe in God to His fullest and know and have seen Him work in my life time and time again. He did this time also, I called the apt complex after your response, and they told me they want to settle this and that i would only have to pay for the 14 days!!! Praise the Lord!!!
Debra

 

[dmarrero]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
We can't give you legal advice for 2 reasons: we aren't licensed to practice law in AZ, and we haven't read your lease.

If your lease says that you got a special rate for signing a 1 year lease and that you owe tha difference if you leave early, then you'll have to convince a judge that $1200 is an unconscionable amount of liquidated damages when the apt was empty for 2 weeks & they obviously didn't have any trouble re-renting it. You may not even have to reimburse them for advertising/showing the place, since they would have had to do that in a month anyway.

If the landlord's just trying to collect full rent from you for the entire lease period, he's SOL. Landlords can't collect rent on one apt from 2 tenants. The tenant who is not living in the apt can sue the landlord for 'unjust enrichment'. Again, L's damages are limited to what L can prove -- the per diem rent L didn't collect because you only paid until the 10th & he didn't re-rent until the 24th. Again, you argue that the advertising costs are not damages, since L would have incurred them anyway & L now has a new year lease.

Good luck & read your landlord tenant law.

<HR></BLOCKQUOTE>


I just have to give you an update!!! First off I am a Christian and believe in God to His fullest and know and have seen Him work in my life time and time again. He did this time also, I called the apt complex after your response, and they told me they want to settle this and that i would only have to pay for the 14 days!!! Praise the Lord!!!
Debra

 

[dmarrero]

I just have to give you an update!!! First off I am a Christian and believe in God to His fullest and know and have seen Him work in my life time and time again. He did this time also, I called the apt complex after your response, and they told me they want to settle this and that i would only have to pay for the 14 days!!! Praise the Lord!!!
Debra