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ewoolridge · Dec 11, 2006, 07:30 AM

I live in Kentucky and I was leasing a condo from a lady. When it came time for my to finance the condo for my purchase the lady's asking price was $5000 above where the mortgage company could fit me. I asked her to lower the price but she wouldn't so I found another residence that I could afford. We had a lease agreement that was signed for one year that started on September of 2005 and ended on September of 2006. I moved in October of 2006 and mailed her a prorated rent certified check for 13 days in the condo along with the keys via certified mail. I just received a notice from her attorney in an attempt to collect $1175.00 from me. I was outside the 1 year lease agreement and decided not to purchase her property. How do I respond to this letter and am I liable for the money?:confused:

ScottGem · Dec 11, 2006, 07:34 AM

Well without knowing what the $1175 is for, its really hard to advise.

Once the lease ended, you were on a month to month basis with the rest of the lease terms in effect. If the lease called for a 30 day notice and you did not give one or moved before the 30 days were up, then you would be liable for the full rental.

Try giving us more details so we can advise more accurately.

ewoolridge · Dec 11, 2006, 07:52 AM

The letter states that the amount of debt on the letter is due to the terms of the lease agreement. I will attach the letter from her attorney, the amended agreement, and my letter of termination. I will have to do this at separate times because of the size limitations of the system

ewoolridge · Dec 11, 2006, 07:55 AM

Here's the other parts.

ScottGem · Dec 11, 2006, 08:43 AM

Ok, First, its not up to you to deduct the security deposit. That deposit was made to insure against damage to the property. You cannot use it against rentals owed.

Second, it appears that your letter of 10/13 was your first notice of moving out. The lease states that the lease can be terminated on the agreement of both parties. She did not agree. Once the lease expired, you were on a month to month lease since you did not agree to terminate. But the other provisions of that lease still are in force. Therefore, you would have to give her at least 30 days notice. Which would bring you until Nov. 12

Your first order of business is to respond to the attorney asking for a detailed accounting of the $1175.

But by my figures you owe the following:
October Rental: $775 (including late fee)
Prorated Nov Rental ($325) (including late fee)
Less what you paid which I calculate at: ($114.47)
For a total of $985.53

Now, whether you get your security deposit back depends on the condition of the unit. She may deduct repair costs that you would have to prove unnecessary.

Once you get the accounting from the attorney, I would offer to settle for $985.

ewoolridge · Dec 11, 2006, 08:55 AM

Thank you for that detail. Please give me a sample of what the letter that I send back to the attorney should say exactly. Thank you for your help on this matter.

ScottGem · Dec 11, 2006, 09:04 AM

I am in receipt of your letter of 11/13/06 stating that there is a debt resulting from my lease with your client.

Please send me a detailed accounting of how that $1175 was arrived at.
Please note, I am not saying that I do or do not owe anything under the terms of the lease. Its possible I may have misunderstood the application of those terms when I terminated the lease. Once I receive that accounting I can determine the accuracy of it and respond properly.

That should do it. I'm assuming, by your response, that I was correct in assuming that your 10/13 letter was the first notice of termination. Given that, the accounting is not that far off. I calculate that you owe $1100, they show $1175. Did she ever cash your check (was it for $114)?

Cvillecpm · Dec 11, 2006, 09:56 AM

You had a FIXED TERM LEASE with no right to remain at the property past the termination date on the lease so whatever rent you paid for Oct may not be sufficient IF KY allows for a per diem "holdover rent".

Attorney's letter does not outline the reason for the additional amount so your letter requesting clarification is a good first step.

ScottGem · Dec 11, 2006, 09:58 AM

Originally Posted by Cvillecpm

You had a FIXED TERM LEASE with no right to remain at the property past the termination date on the lease so whatever rent you paid for Oct may not be sufficient IF KY allows for a per diem "holdover rent".

Most Leases are for a fixed term. But most states provide that if a lease is not renewed, it continues in force on a month to month basis.

ewoolridge · Dec 11, 2006, 09:58 AM

Thank you!

ewoolridge · Dec 11, 2006, 10:00 AM

No, she didn't cash it. I'm sending a letter for clarification. Thanks again.

ScottGem · Dec 11, 2006, 10:04 AM

I had a feeling she didn't cash it, when it didn't appear on your statement, you should have had a clue that something was wrong.

So, that means that they really only have to account for $75, since I believe you clearly owe $1100.

Now here's the rub. Since the attorney is taking on fees, if they take you to court you will owe those fees as well. I can't see you winning this case. So, once you get the accounting I suggest you settle as quickly as possible.