Okay guys, I just wanted to hear what other feelings were toward this, becasue mine were mixed. I am going to replace the washer and dryer, still debating on the bark, I am fullfilling my obligation to the requirements of breaking the lease. Thank you all for your help.
Breaking a lease, funny things are happening
- Thread starter Fireball77
- Start date
spacejamz
Lifer
- Mar 31, 2003
- 10,995
- 1,745
- 126
what were the original cancellation terms specified in the lease? I would be glad he is letting you out early without paying reletting fees etc...
you should have been more forceful about him removing the old washer/dryer, but giving them away wasn't the right thing to do...
you should have been more forceful about him removing the old washer/dryer, but giving them away wasn't the right thing to do...
yeah i know that, but he said he was leaving, them. They were never part of the deal when we originally signed the lease. I am willing to replace them. But he was acting like it was the end of the world. There were no terms in canceling the lease. I asked if he was willing to let me out to be able to make more money on it. He agreed. I gave him an option, he took it. He did not have to let me out. I asked my attorney on this, and that is what he suggested that I do if i was ever to move.
Most leases will state the property must be left in original condition. That includes contents, at least in texas. Basically as i see it you committed theft by giving property away that was not yours to give. I would say shut your yap and be glad you are getting out of the lease without paying for the remainder of the lease, reletting fees, advertising fees, etc, etc, etc,...
And as far as the Deposit goes I have never had a deposit refunded to me. And I am a person to scrub and apartment from top to bottom when i vacate.
I sort of agree with you. Keep in mind Tenant/Landlord laws vary from state to state.
#1) Be appreciative that he is letting you out of the lease. He doesn't have to. And he CAN charge you any advertising fees that go into getting new tenants. Also, if he does not find tenants he may be able to continue charging you rent until he doesn.
#2) You are legally able to stay there until the 20th (with the 30-day notice). If someone moves in prior to that then you are entitled to the prorated amount of rent.
But...instead of asking us, take a look at this:
Link
Depends on what was in your least agreement. Most will require that you pay the remainder of the leasing period or at least 1/3 of the remainder (however, many nice people will let you off the hook with 30 days notice). You are responsible for the property during the leasing period and are require to return it in the condition it was in when the lease was signed, therefore the washer/dryer is your responsible. IMHO, the landscaping bark isn?t your responsible due to normal wear and tear (also depends on the wordings on your lease).
Own up to your responsible and live out the rest of the lease, replace the W/D and wood barks as requested by your landlord. Because, it is much cheaper than have to pay the remainder of the lease, pay for a new set of W/D, carpet clean/replacement, and paint/repair (if your landlord decide to be an ass).
[edit]
Good luck finding another place to stay if you want to use your current landlord as a reference.
Own up to your responsible and live out the rest of the lease, replace the W/D and wood barks as requested by your landlord. Because, it is much cheaper than have to pay the remainder of the lease, pay for a new set of W/D, carpet clean/replacement, and paint/repair (if your landlord decide to be an ass).
[edit]
The floorings, cabinets, house fixtures, windows, doors, and the entire house normally isn?t listed in the agreement, but it doesn?t mean that you don?t have to pay for it if it is damage or given away.
Good luck finding another place to stay if you want to use your current landlord as a reference.
cKGunslinger
Lifer
- Nov 29, 1999
- 16,411
- 57
- 91
Dude, chill out. He was being an ass, but he's right. That entire run-together string of text looks like ass with FuseTalk's font handling issues.
Add a few line breaks to ease your reader's eyes, please.
I believe California law is that the landlord has to rent the place out within reasonable amount of time. So he could charge me for a month at most.
People are hostile here, I am taking the blame for the washer and dryer. I am going to replace them. It is the whole replacing the bark thing, and saying the place is available why i am still technically going to be there. He is just trying to get me to pay for repairs that are natural wear and tear that he is responsible, like he is doing me a favor for letting me out of the lease. If he was to tell me no. I would happily stay. Be took the offer that was thrown on the table, knowing he can get more rent for the place.
People are hostile here, I am taking the blame for the washer and dryer. I am going to replace them. It is the whole replacing the bark thing, and saying the place is available why i am still technically going to be there. He is just trying to get me to pay for repairs that are natural wear and tear that he is responsible, like he is doing me a favor for letting me out of the lease. If he was to tell me no. I would happily stay. Be took the offer that was thrown on the table, knowing he can get more rent for the place.
[edit]
Good luck finding another place to stay if you want to use your current landlord as a reference.[/quote]
The house is going to be left in the condition I recieved it in, just the normal wear and tear. I have paid the rent every month, late once do due a seperation with my wife and her lying to me about the rent being paid. That led to a divorce. But other than that, I was having to send my rent to Oregon every month, and fight with the mail being late on occassion, Priority took 20 days one month. But other than that, I have had no problems or complaints. I have been a good tenant and have kept things up. Repaired things that needed fixed myself. Didnt make myself a nuisance, so if he wants to say I did him wrong. That is his issue. I will take plenty of pictures when I leave.
The floorings, cabinets, house fixtures, windows, doors, and the entire house normally isn?t listed in the agreement, but it doesn?t mean that you don?t have to pay for it if it is damage or given away.
Good luck finding another place to stay if you want to use your current landlord as a reference.[/quote]
The house is going to be left in the condition I recieved it in, just the normal wear and tear. I have paid the rent every month, late once do due a seperation with my wife and her lying to me about the rent being paid. That led to a divorce. But other than that, I was having to send my rent to Oregon every month, and fight with the mail being late on occassion, Priority took 20 days one month. But other than that, I have had no problems or complaints. I have been a good tenant and have kept things up. Repaired things that needed fixed myself. Didnt make myself a nuisance, so if he wants to say I did him wrong. That is his issue. I will take plenty of pictures when I leave.
dullard
Elite Member
- May 21, 2001
- 26,192
- 4,860
- 126
(1) Are you really here arguing over <$10 worth of wood chips ($2-$3 gets you a very large bag enough for one typical flower bed)? Just replace it, the $10 is worth it to shut up the landlord.
(2) I don't know about your latest agreement, but it reads like you are free to stay there until the 20th.
(3) If the washer/drier was there when you moved in, it should be there when you moved out. Another 10 year old set won't cost you much. Just do it and be glad you are saving a couple thousand by going early. Heck even if you buy a new washer/drier for $600 you are ahead.
(2) I don't know about your latest agreement, but it reads like you are free to stay there until the 20th.
(3) If the washer/drier was there when you moved in, it should be there when you moved out. Another 10 year old set won't cost you much. Just do it and be glad you are saving a couple thousand by going early. Heck even if you buy a new washer/drier for $600 you are ahead.
I own several houses that I rent out. I can tell you that the washer and dryer are going to be your responsibility. The bark??? WTF. This guy is probably half looney. I wouldn't worry about that. Normal wear and tear is expected, it is the big things like holes in the walls or gouges in the wood floors (if applicable). Carpet wear is expected and he should not hold you responsible unless there are tears or big stains. He is also being nice letting you out of the lease. I suspect the fact he can get more rent was his motive for that. I have had tenants break leases before and I always get the last months rent from. Most people are decent and have a good reason for breaking a lease. Also I ALWAYS give back the deposit if the place is clean and you haven't destroyed anything. I don't know who gutharius has been renting from. Lesson here is check out the new place and make sure all questions are answered and addressed in the lease before you sign it.
He advertised the apartment starting on July 1, but you agreed to 30 days notice, putting you out on July 20th. His advertisement is his problem, not yours.
About the bark... just deal with it and move on. Don't make it a big deal. Go buy some mulch and spread it around. It is an afternoon job, and should cost you more than $50 or $100. Learn to pick your battles, and the bark isn't worth it.
In regards to the washer and drier, you could always offer to leave yours.
R
About the bark... just deal with it and move on. Don't make it a big deal. Go buy some mulch and spread it around. It is an afternoon job, and should cost you more than $50 or $100. Learn to pick your battles, and the bark isn't worth it.
In regards to the washer and drier, you could always offer to leave yours.
R
I agree, i am not trying to screw the guy, this is a win win situation for both of us. I just thought the bark thing was a wierd request, and I am taking care of the washer and dryer situation.
To the guy who sent me a link to the California rental laws, thank you, I read it, and it was very useful.
I was reading that if I am out on the first, and he rents it out before the 20th, I am not responsible for all of the pro-rated rent. Just unitl the new tenants take posession.
"I believe"? I think you should read the landlord-tenant part of the CA code. the landlord has to make a good faith effort to rent the place. if he does and still doesn't fill it, guess what, you pay for the duration of your lease.
no way should you have to pay for wear and tear on paint or carpet.
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