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    mimirubio's Avatar
    mimirubio Posts: 1, Reputation: 1
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    #1

    Aug 23, 2007, 08:46 AM
    Renters lease expired
    My lease was expired 2 years ago and I was living there month to month. My son bought a home and he was stationd in Japan and he told me to move into the home asap, because he hated that I was paying someone else's mortgage. I sent a letter to my landlord in the end of August and also the June rent and in the letter I told her to call me because I did not have her number to call her, (this landlord moved three times and I had to mail her out the rent were ever she moved every month) So, I waited for her to call she never did. I wrote her another letter stating that the AC went out and I didn't have any air so, I had to go and buy a portable AC and a couple of fans for me and my family.
    Anyway she never called me and the day before I was moving she sent someone to fix the air it took her 3 weeks to get a company to fix it. She then called me and asked me if I was moving and I told her Yes, but I had told her that day on the phone that there was a neighbor that was interested in renting, so actually she did not lose on the rent, because the neighbor paid her a week after, we moved to our new home, the neighbor called me and told me that she was going to give me a hard time with the deposit. So, a week ago sure enough I received a leeter from her stating that she can't give me the deposit which is $850.00 because on the lease states that I had to notified her 30 days in advance. But the lease was expired for 2 years. What can I do? MIMI
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Aug 23, 2007, 09:46 AM
    When a lease expires and is continued as a periodic tenancy, the terms of the original lease (except for expiration and rental) continue to apply. If the lease states you have to notify 30 days in advance of moving, then you have to. Why you didn't notify her in writing instead of waiting for her to call I don't know.

    However, most jurisdictions don't allow landlords to double dip. Since she rented the place immediately, and since you had a hand in finding the new tenant you might have a case against her. So I would file in small claims court and see what a judge says.

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