Penalty charged to leave apartment?
What does his lease say??? if it states under termination that if you break the lease there is a three month penalty fee then yes, they have every right to charge this fee for their inconvenience, you realize that it costs money for the LL to advertise the unit, turn the unit (repaint, clean carpets, remove any debris, clean) then money lost for the time that it takes to find a new renter? There is a lot of money involved and you expect the LL to just say, go ahead we'll pay for everything when he's the one being inconvenienced? Doesn't work that way I'm afraid. Leases protect the landlord not the other way around. He can try leaving the apartment and see what happens, but guarantee they come after him for the 3 month penalty, plus take him to court put a lien on his credit and prevent him from renting anywhere, he can try it but it would be cheaper to stay, give appropriate notice at lease end and vacate that way it doesn't cost him anything and he gets his security deposit back. If he didn't read his lease then that's his fault not the landlords and yes, if it's in the lease they have every right to charge a penalty. Sorry
My apartment complex wants to charge me rent for a month AFTER my lease is up, is this legal in Indiana?
They are correct about you having to be out of the premises by the end of the month. You don't have to pay an additional month's rent if you are out by the 31st. A lease terminates on the date that is stated in the lease. The lease itself is the legal notice. If the landlord accepts any rent from you for November and thereafter your lease has been converted to a month-to-month tenancy. To terminate that month-to-month tenancy either party would be required to give a 30 Day Notice. Don't sign the paper....... In addition, 5-7 days before your departure from the premise request a move-out inspection to be done in your presence calling out anything that would cause a loss or deduction from your security deposit. The 5-7 days gives you enough time to correct, repair, or clean any item that is wrong. After making the repairs ask for a re-inspection. Also get a copy of the inspection in writing. It is also smart to take before and after pictures of any item that they call out as a problem. Let the landlord see that you are taking the pictures. Just because it states something in the lease makes it legal.....Often contracts might say something, but what they say might go contrary to the law. The law always takes precedence over verbiage in a contract.
HELP! My apartment wants to charge me $800?
Your landlord screwed up and is trying to illegally make it up. If you have a fully executed lease (signed by both your and the landlord) and the lease doesn't contain anything about this extra money in lieu of a co-signer, the landlord has no power to force you to pay it, nor can legally prevent you from moving in without breaching the contract himself. DON'T LET THE LANDLORD BULLY YOU. If you don't have a copy of the lease with the landlords signature you will have to find another co-signer that meets the landlords credit approval or will have to cough up the cash. If you do pay the money, make sure it is spelled out in the lease as a refundable deposit.
How much will my apartment charge me for damages?
So I had an "illegal" dog in my apartment and I got caught and my apartment complex said they only allow pets in 1 and 2 bedroom apartments not 3 bedrooms like mine, and I owed them 200 dollars.. so I paid and my dog is now staying somewhere else... however my dog did rip up the carpet around my bedroom door and I think the bathroom door will have to be entirely replace.. I don't remember paying a security deposit, but I know when I moved in 2 years ago they charged me an "application fee" I believe and I'm guessing that carried over when I re-newed my lease? I was just wondering what you think the max they will charge me for the damages? Is there a limit on how much they can?
Can landlord charge you full month rent to repair apartment after moving out?
Let the landlord sue you and take you to court. The landlord would have to prove that the apartment was in such bad shape, that he had no choice but to make the repairs and that it cost him 1 month of rent. In short, I hope you were smart enough to take pictures (with the date included) of the apartment before you left, or the landlord could just be trying to update the apartment, and decided to charge you guys for it. He could have purposely ruined the carpet, took pictures, then replaced them, and is anticipating a court case with you. P.S. If he has pictures of the "damage" and it isn't an unreasonable amount of wear and tear, or you can prove that some of that already existed, the Judge might still rule for you to pay for the damages, BUT make it clear to the judge that even if such damage was caused by you guys, it's completely unrealistic to believe that he would have filled the apartment in a month, and lost rent. I would ask the judge if he has proof that he immediately filled the apartment after the repairs or did it take him a few months.
I’m assuming they put a lower amount than you are now paying?If that’s so, try it. The lease paper you sign, with the price specified, is a contract. So hypothetically, it is binding, for the term of the lease. However, if you are renting month to month, it will not take them long to figure out their mistake and change it, presenting you with an increase on a new contract.The contract also specifies security deposit etc.Your rental may be governed by local rent control laws, you do not specify this. Check with your local town or city and research this. It may be to your benefit. If this is so, perhaps they had to lower it to comply with the local law.Good luck!
No, in most states this is not legal. However, many apartment management companies try it anyway, and are often successful in collecting these fees, because the law is written in their favor and they prey on the fact that most tenants are too poor to fight them.I've had this done to me by a company from Utah, which manages multiple buildings in Arizona. I moved out after 60 days notice with all the rent paid in full, and they then claimed I vacated early and charged a fee for that as well as ‘forfeited’ my deposit. Then, in spite of fully knowing my new address and phone number, they failed to notify me of any of that for a year.Dealing with the collection agency at that point was impossible. Repeated requests for evidence of the debt resulted in nothing but copies of the lease. Repeatedly explaining that I didn't violate that lease and presenting evidence of that didn't matter. They began reporting me to credit agencies. I continued to engage with them demanding evidence of the debt but never received anything to that effect. I considered taking them to court and threatened to do so. They offered me a deal of paying half the alleged debt to close the matter.After running the numbers, I had to accept the fact that fighting them “on principle” just wasn't worth it, and I paid the collection agency. I had to contact them a couple months later to insist that they correct my credit report, which they did. Overall it was a major pain, costing me plenty of time and money and honestly it probably would have been easier to just pay them. They are counting on that.This particular managing company does this a lot, as far as I can tell, and yes it's illegal. I suggest contacting your attorney general and reporting the problem. You might not get any response but it's important to report this kind of thing in case there's a pattern. Occasionally the state will go after these companies. It's rare but it does happen, and rental fraud is pretty common because it's so profitable and nobody usually goes to jail even if they are guilty.Good luck.
Having experience in housing court as both tenant and "landlord" (I had to evict a roommate that didn't pay rent that I was subleasing to), I can tell you you shouldn't have to pay the full amount. You can pay a pro-rated amount. At least here in New York City, the courts allow that. Just give the landlord the pro-rated amount for the month. It's money, so they'll most likely take it. If they don't, save it because you'll need to pay them eventually or at least be able to show you tried to pay them. In that case, a good idea is to send a check for the amount via certified mail with return receipt requested. If you have a lease, check it to see if there's a clause requiring full payment for occupancy for part of the month.In New York City, a landlord must not accept money for 30 days until he/she can start eviction proceedings (lease or no lease), which takes about 3-4 months when everything is said and done. Otherwise, any eviction action will be thrown out in court. If the landlord decides to sue you in court for the "missing" money, their case will have no merit since you moved out before the calendar month was done. Another option is to "live off" your security deposit, although be aware you'll still be liable for covering the costs of any damages if any. When moving out, it's good to take pictures of the newly-unoccupied residence to show there's no damages.
Landlord wants to charge me for repaint?
so i moved out of an apartment that i have lived in for 4 years. the landlord wants to take from my security deposit to repaint all the trim. the walls are wood paneling. they siad because i smoke i damamged the paint job. i scrubbed with a bleach solution everything. the tenants before me were smokers as well and the place has not been painted before i moved in so probable at least 5 years. can i be charged for this? i live in maine are there any laws to protect me? also the landlord is not the same as when we moved in. the building has been sold 2 times so they have no idea really what this place actually looked like before.