Ask Me Help Desk - Housing Problem

Hello,

I really need some helps about housing problem.

I renewed my lease contract for one year from Jan 1, 2015 to Dec 31, 2015 on Oct 31, 2014 in MA. Because of personal reason, I wanted to move out at the end of January and I found a new tenant who wanted to move in on Feb 1. I gave back the keys to the office and left phone number and my friend's address which can be contacted with me on Jan 28.

The new tenant handed in application form and application fee to rental office On Jan 30. The rental office told me that they needed one week to do some background checks and required me to pay Feb rental payment in advance and then would give me refund when the new tenant moved in. I paid it, but I did not receive any refund.

Until March 16, they first contacted with me to let me pay March rental payment. I felt confused and told them that I already found the new tenant. They said that the new tenant I found did not move in. On Mar 30, they told me that there was another tenant moved in on Mar 28. After that, they send me a email to tell me that there was nobody moved in and required me to pay April rental payment. But recently, they send me an email that I needed to pay March payment, or they would send me to the collections. Their words are self-contradiction.

I do not want them to affect my credits, but I think they let me pay March payment is unreasonable. Do I have a right to be informed in time that the new tenant I found did not move in and then let me find others? And in this situation, can I get my deposit back?

Quote:

Originally Posted by Lillian0115

Hello,

I really need some helps about housing problem.

I renewed my lease contract for one year from Jan 1, 2015 to Dec 31, 2015 on Oct 31, 2014 in MA. Because of personal reason, I wanted to move out at the end of January and I found a new tenant who wanted to move in on Feb 1. I gave back the keys to the office and left phone number and my friend's address which can be contacted with me on Jan 28.

The new tenant handed in application form and application fee to rental office On Jan 30. The rental office told me that they needed one week to do some background checks and required me to pay Feb rental payment in advance and then would give me refund when the new tenant moved in. I paid it, but I did not receive any refund.

Until March 16, they first contacted with me to let me pay March rental payment. I felt confused and told them that I already found the new tenant. They said that the new tenant I found did not move in. On Mar 30, they told me that there was another tenant moved in on Mar 28. After that, they send me a email to tell me that there was nobody moved in and required me to pay April rental payment. But recently, they send me an email that I needed to pay March payment, or they would send me to the collections. Their words are self-contradiction.

I do not want them to affect my credits, but I think they let me pay March payment is unreasonable. Do I have a right to be informed in time that the new tenant I found did not move in and then let me find others? And in this situation, can I get my deposit back?

You don't get a refund for February's rent because you had a lease and no new tenant moved in for February yet... you also legally owe them for march rent as well since you still had a lease and no tenant had moved in yet.

If you owe them for April or not depends on if there is actually a new tenant in there or not and when they actually moved in if there was. In fact if they still haven't found a tenant.. they can continue to hold you responsible for the rent as long as they have continued to try to find a new tenant. That could happen until the end of the lease... but that rarely ever happens.

Technically if they have not yet rented it out to a new tenant... you won't get your security deposit back until shortly after then. And the rent you paid AFTER you moved out... is rent due.. not a security deposit. Those are two very different things... legally and otherwise. Rent is paid for the month following in Advance... a security deposit must be refunded within a reasonable period following the end of the lease or rental (believe it is 30 days), minus any reasonable and documented deductions for damage or excessive wear and tear.

The issue you have a breaking a lease without getting a release from them in writing. Handing in the keys does not absolve you of responsibility.

Probably and most likely no. You signed the lease and it's your responsibility to fulfill the lease. It's also not their responsibility to find a new person to move into your place. However if that happens it's illegal to charge to both parties. Some management companies will allow you to break your lease with a penalty, say 2 months rent or so. As far as the deposit your lease should speak to the terms of the deposit. So read it.

Quote:

... I think they let me pay March payment is unreasonable. Do I have a right to be informed in time that the new tenant I found did not move in and then let me find others? ...

I don't think so. It was your responsibility to keep on top of things and be sure that the tenant you found for them actually was given, and signed, a new lease.

The legal burden is on you to prove that someone moved in. Someone may have paid for April on March 28 but forfeited it, or bounced a check, who knows. You have to keep paying if they don't find a tenant.
The confusion over March only may be just that they are behind in paperwork. Or maybe they would be glad to get one month out of you, we can't know. Some tenants move far away and never use that landlord as a reference again, and don't care about going to collections.
If there is no way for you to find out in person, you are stuck. I'm sorry, but you handled this all wrong.

Quote:

Originally Posted by joypulv

The legal burden is on you to prove that someone moved in. Someone may have paid for April on March 28 but forfeited it, or bounced a check, who knows. You have to keep paying if they don't find a tenant....

True. But if a new tenant did sign a lease for the rest of this year, that would let OP off the hook. It wouldn't thereafter be OP's responsibility to guarantee that the new tenant's rental payments were all good thereafter.

On the other hand, if that person only made a deposit but didn't sign a lease as one of the hypothetical situations that Joypulv suggests, OP may still be obligated for some or all of the OP's lease payments.

Did your lease have an early termination clause? Unless it did, you will owe rent until 12/2015 or until a new tenant takes over.

They were under no obligation to accept your tenant or to inform you. There are under an obligation to make a good faith effort to rent the apartment. But until they do, your lease remains in affect and you owe rent on the unit.

Another point you don't say is when you informed them you were vacating. You would have been required to give at least 30 days notice. Possibly more depending on the lease terms.

Is there a way you can check to see if someone did, in fact, move in? The person who told you that someone moved in on 3/28 may have been mistaken.

First, they normally do not have to let you out of the lease. But if you move out, You must pay, till they have someone else in the house.

The person you found, why did they not move in, you should have been in contact.
Have you went by and looked to see if anyone is living there? Knock and door, and told them story and asked when they moved in.

You will be required to pay them, till they rent the apartment. It is up to you, to prove.