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cogren · Aug 4, 2008, 10:29 PM

Here's my situation: I moved in and signed a lease middle of February. I told the landlord I wanted a 6 month lease (which he offered) and that 6 months started in March, plus the prorated February term. I prepaid all my rent, not thinking I'd stay past 6 months. Everywhere else I've lived, you have to give a 30 day notice to move out even if your lease is up. There is NOTHING in the lease about rules for moving out; nothing saying there's a fine for breaking the lease or that I still have to pay in full... nothing. So I wrote the landlord a month and a half in advance saying I was moving out and what should I do to get my last month's rent returned since I had overpaid. He said I needed to find someone to replace me. I showed this apartment every single day and kept him updated. I thought I'd found someone. I actually found 2 people in the same day and when the second person seemed interested, I told her I thought the place was already rented but that I knew that there was a 2nd floor unit available in the same building and to contact the landlord. She did, and she signed a lease with him the next day. Then I found out that he did not approve the person that wanted to move in in my place. So, I had just found a replacement for me but she ended up moving in upstairs. I told him I thought I should get credit for finding him a tenant seeing as how that unit had been empty since I moved in and that she wouldn't be living there if I hadn't put the ad out and showed her the unit. NOW, since I actually do need my money back and August has come around, he's saying he won't give me my money back and that if the woman moved into my apartment and not the upstairs one, it would be a different story.

Not only does it seem fair that I get my money back, if I wanted to get technical about it, my lease doesn't even have a move out date filled in on it. It's a blank line. It says from Feb 14 2008 to ________. Is that legal? Can I use that to get out of my lease? Can I use the fact that there are no rules listed in the lease for possible moveout fines? Can I use the fact that I gave him more than 30 days notice? HELP ASAP!

rockinmommy · Aug 5, 2008, 06:41 AM

What state are you in? There's a link to each state's LL / tenant law in a "sticky" at the top of this forum.

I think you made many good points. Assuming there's nothing in your state law that contradicts any of your thinking, I would think you'd have an excellent case in small claims court against your landlord. I think you'll have to move. Send him a letter, certified - return receipt requested - outliningthe situation, why you think you're entitled to your $$ back, and exactly what you expect to get back. Also take lots of pictures, video of possible, of the condition of the place when you're out and cleaned, etc. Then if he doesn't reply within the time your state specifies (does he have a deposit, too?) you file a suit in small claims court.

You have to HAVE the damages before you can sue for them. You can't sue based on what the LL says he's going to do or not do. He actually has to DO it first. (ie: Keep your $$).

ScottGem · Aug 5, 2008, 08:30 AM

I'm a little confused of when you are planning to move. Your 6 months are up at the end of August. Did you actually vacate as of Aug 1? If the landlord has some documentation that states the lease was a 6 month's term (and the fact that you paid for 6 months may do that) then he may have a case for holding August's prepaid rent.

As Rockin said, you will have to move out, then sue him for the unpaid rent and hope to win. I don't think it's that cut and dried that you will.

cogren · Aug 5, 2008, 10:14 AM

We did orally agreet to a prepaid 6 month lease, but since there was nothing in the lease about rules on breaking it early, I gave him a 30 day notice AND helped find tenants to replace my lease which I actually was successful in until he didn't approve one and let the other one move in upstairs. But no, there isn't anything on the lease that says it was for 6 months... or any amount of time actually. It says from February to _________. So I don't know if that is my leeway..

ScottGem · Aug 5, 2008, 10:53 AM

Just because there is nothing in the lease that says you can't break your lease earliy doesn't mean you can. In fact, just the opposite. If there is no provision for ending the lease early then there isn't one. And even though the lease doesn't say it ends in August, prepaying until then is pretty conclusive evidence. So I don't think you have much of a case to get the August rent back.

rockinmommy · Aug 5, 2008, 10:55 AM

Originally Posted by cogren

We did orally agreet to a prepaid 6 month lease, but since there was nothing in the lease about rules on breaking it early, I gave him a 30 day notice AND helped find tenants to replace my lease which I actually was successful in until he didn't approve one and let the other one move in upstairs. But no, there isnt anything on the lease that says it was for 6 months...or any amount of time actually. It says from February to _________. So I don't know if that is my leeway...?

Ok. I misunderstood. I thought you were looking to move at the END of this month. Well, I don't think you have as good of a case, then. Unless the whole lease is filled out poorly, the fact that the end date was left off will probably just be seen by a judge as a typo.