Can Landlords Do This? Vol. Shady Landlord?

[dontsteponmyshoes]

Giving notice that you MIGHT give notice isnt giving notice. If she never actually gave a notice after saying she might not in mid April yall prob not gettin that money back...yall should go to judge judy tho

 

[furrell]

She may not be renewing the lease is not the same as she's not renewing the lease.

 

[furrell]

She may not be renewing the lease is not the same as she's not renewing the lease.

 

[scarsorscabs]

The only possible issue I see is what the above posters said, if she only told them she MAY not be renewing the lease. The difficult part is if those conversations were only verbal.

Does she have a copy of her lease? What does it state in regards to the security deposit? If it does include something along the lines of the tenant's forfeiting their security deposit for failure to give notice of non-renewal, she could be in a tough spot. If it's strictly for damage to the apartment, she should be okay. It also may depends upon how much notice was needed, if it was 60 days (which is common) and she told them a month and a half before, then it might not be easy.

I agree in this situation it's shady but people have to be aware of the details of contracts they sign. There was a dude that posted a couple weeks ago about a situation with a landlord but that was all his fault.

 

[scarsorscabs]

The only possible issue I see is what the above posters said, if she only told them she MAY not be renewing the lease. The difficult part is if those conversations were only verbal.

Does she have a copy of her lease? What does it state in regards to the security deposit? If it does include something along the lines of the tenant's forfeiting their security deposit for failure to give notice of non-renewal, she could be in a tough spot. If it's strictly for damage to the apartment, she should be okay. It also may depends upon how much notice was needed, if it was 60 days (which is common) and she told them a month and a half before, then it might not be easy.

I agree in this situation it's shady but people have to be aware of the details of contracts they sign. There was a dude that posted a couple weeks ago about a situation with a landlord but that was all his fault.

 

[oidreez]

how much is the deposit? out of curiosity

 

[oidreez]

how much is the deposit? out of curiosity

 

[mike493961]

Originally Posted by crcballer55

If you don't have photos of the apartment when you moved out to prove that it wasn't in perfect condition and you don't have a copy of the lease, your girlfriend just shot herself in the foot twice.  You will have to consult tenant laws for your state, but if he didn't find a new renter that sounds like his problem.  Especially near a college campus where it will be rented out fast come July/August, that's pretty much to be expected.

Yeah, but don't security desposits usually get refunded after the tenant vacates the premises with no damage/mess to the apartment?

 

[mike493961]

Originally Posted by crcballer55

If you don't have photos of the apartment when you moved out to prove that it wasn't in perfect condition and you don't have a copy of the lease, your girlfriend just shot herself in the foot twice.  You will have to consult tenant laws for your state, but if he didn't find a new renter that sounds like his problem.  Especially near a college campus where it will be rented out fast come July/August, that's pretty much to be expected.

Yeah, but don't security desposits usually get refunded after the tenant vacates the premises with no damage/mess to the apartment?

 

[jhobson5]

Its called a Reletting Fee(google it and you will get the details). But basically it is a fee for finding a new, when the lease is broken pre-maturely or without proper notice. You should check you GFs lease because they may have required her to give written notice in some amount of set days. Which is probably the case. And if she didnt give written notice then the Landlord is entitled to the reletting fee. 

 

[jhobson5]

Its called a Reletting Fee(google it and you will get the details). But basically it is a fee for finding a new, when the lease is broken pre-maturely or without proper notice. You should check you GFs lease because they may have required her to give written notice in some amount of set days. Which is probably the case. And if she didnt give written notice then the Landlord is entitled to the reletting fee. 

 

[crcballer55]

Originally Posted by Mike493961

Originally Posted by crcballer55

If you don't have photos of the apartment when you moved out to prove that it wasn't in perfect condition and you don't have a copy of the lease, your girlfriend just shot herself in the foot twice.  You will have to consult tenant laws for your state, but if he didn't find a new renter that sounds like his problem.  Especially near a college campus where it will be rented out fast come July/August, that's pretty much to be expected.

Yeah, but don't security deposits usually get refunded after the tenant vacates the premises with no damage/mess to the apartment?

Typically, but do you have any evidence that there was no damage or a mess left?

As others said (i missed it in the original post), if your gf didn't give a formal written notice that she was moving out then she's likely up a creek.  Without anything in writing that she was formally leaving, I would have her chalk it up to experience and not let this happen again.  Perhaps the landlord knew he wouldn't get any college students to rent it over the summer and didn't even look, but still... ultimately the burden falls on her since she's financially on the hook living in someone else's condo.

 

[crcballer55]

Originally Posted by Mike493961

Originally Posted by crcballer55

If you don't have photos of the apartment when you moved out to prove that it wasn't in perfect condition and you don't have a copy of the lease, your girlfriend just shot herself in the foot twice.  You will have to consult tenant laws for your state, but if he didn't find a new renter that sounds like his problem.  Especially near a college campus where it will be rented out fast come July/August, that's pretty much to be expected.

Yeah, but don't security deposits usually get refunded after the tenant vacates the premises with no damage/mess to the apartment?

Typically, but do you have any evidence that there was no damage or a mess left?

As others said (i missed it in the original post), if your gf didn't give a formal written notice that she was moving out then she's likely up a creek.  Without anything in writing that she was formally leaving, I would have her chalk it up to experience and not let this happen again.  Perhaps the landlord knew he wouldn't get any college students to rent it over the summer and didn't even look, but still... ultimately the burden falls on her since she's financially on the hook living in someone else's condo.

 

[rsdplaya]

I know that my lease stated that we needed to give 2 month's notice, which I think may be standard because all my leases have been like that. But, if it doesn't say that in the lease, then there is a problem.

 

[rsdplaya]

I know that my lease stated that we needed to give 2 month's notice, which I think may be standard because all my leases have been like that. But, if it doesn't say that in the lease, then there is a problem.

 

[crumbs]

Read the lease agreement...if she didnt break the lease or give improper notice as per agreement then no they cant withhold the deposit.

 

[crumbs]

Read the lease agreement...if she didnt break the lease or give improper notice as per agreement then no they cant withhold the deposit.

 

[ac4three]

Does she have a copy of the contract? It should specify how much notice is required, but if it doesn't then consult the governing statute.

How dirty is the place? Was it clean when she received it? If not, then I wouldn't let them subtract money from the deposit for "cleaning."

All in all, the landlord sounds pretty shady. If she sticks up for herself and leans on them a bit, I doubt she'd have a problem getting the deposit back. Unscrupulous people will take advantage of those who avoid conflict, especially young students...

 

[ac4three]

Does she have a copy of the contract? It should specify how much notice is required, but if it doesn't then consult the governing statute.

How dirty is the place? Was it clean when she received it? If not, then I wouldn't let them subtract money from the deposit for "cleaning."

All in all, the landlord sounds pretty shady. If she sticks up for herself and leans on them a bit, I doubt she'd have a problem getting the deposit back. Unscrupulous people will take advantage of those who avoid conflict, especially young students...