Landlord charging us for the NEW tenants without permission?
Find answers to your legal question.
Landlord charging us for the NEW tenants without permission?
|
State of Ohio.
My husband is joining the Army, his original MEPS appointment was scheduled for March 30th, so we sent a letter to our landlord about our attention to leave a little earlier (since a full calendar's month's notice is required with the military clause). Well, then they changed his MEPS date into April, so the landlord keeps saying that we'll be liable for May's rent too.
However, he's also posted our house to be for rent starting April 15th. We currently pay $795 a month for rent, he has it posted on is website for $600 a month with a $600 deposit. A group just came to the house today and when we spoke with the landlord he's NOW telling us that 1) since HE listed it for $600, we have to pay him the other $195 for May because we didn't get my husbands papers to him on time, 2) that we have to pay for part of the new tenants security deposit, and 3) that if we move out early this month (at the new tenants request) the landlord is still going to keep our entire months rent because it's "already in the bank account" according to him.
Now, I don't understand how we're legally responsible for this if the landlord chose to list the unit for $600. He didn't even try to list it for $795 and he's blaming us for that. Secondly, I don't understand how we're responsible in any way to pay for any part of the new tenants security deposit as a new lease is a new lease. Is this any way legal or is he trying to scam us? And is there anything additional we should do to help us in court (since it will likely come to that now).
I was under the impression that if a landlord signs in new tenants than THAT is the contract to follow and the old one is voided. But can he makes plans and agreements for these new tenants without our consent like this? (ie, that we'll pay over half of their security deposit, and part of April's rent for them, etc). He's treating this like we're sub-letting the unit and therefore still responsible, but I believe the military clause is supposed to 100% release us from the lease.
Additional Details
To clarify, the landlord is expecting us to pay the entire month of April, even if the new tenants move in during the month of April (to be accommodating). And at about $26 a day, I'm not willing to pay rent on a unit that someone else will be living in.
|
 
|
NWIP
 |
1) You are not responsible for the difference between what you are paying for the rent and what he is getting from the new tenants at all. He is the one that set the price, you gave him ample notice, etc.. You could be responsible if he didn't rent it
2) You are not responsible for part of the security deposit that is up to the new tenants. He needs to refund you your security deposit when you move out. Because he is acting this way make sure you take pictures of what the place looks like when you leave. If there is a spot on the carpet take a picture, mark on the wall, take a picture, and so on. This person sounds like they are going to try to keep everything.
3) Look over your lease, he usually has to prorate the amount he is taking if he has new tenants moving in. But if there is writing in the lease about you getting out early with a penalty then you might be responsible for the whole month.
As soon as the new lease with the new tenants is signed yours ends. You are not responsible for anything the new tenants do or pay if your name is not on the lease. If he still has your name on the lease and you do not sign it then that is illegal.
You might not necessarily be able to talk to JAG because he isn't AD yet, but you can talk to the Recruiter. You can also see if there is a county or town legal office that can give you some advice as well. Do not pay any amount for the deposit, make sure you keep all your checks, paperwork. If he doesn't refund your money then you can go to base legal when you get your ID card. |
|
Leah
 |
Okay. Well since your family is just joining the military environment... I'm willing to bet he isn't counting on you being aware of your rights. Good for you.
Talk to your husbands recruiter...and get a phone number from Jag. If a Military Lawyer is phoning your landlord, he will realize that he needs to follow the law.
A new lease is just that... a new lease. Your name is NOT on the new lease... it is brand new tenants. You are not required to pay anymore of the rent than what you owe according to your old lease and from the date of his assignment to his new duty station.
ALTHOUGH... He can hold you liable for the month you still live there. Example... You pay 785 (or whatever) a month... and your lease months are from April 1-April 30th. Now your moving out the the 7th of April... which means you only lived there 1 week out of the month. You still can be liable for the full amount (if I understand correctly)..
Talk to a Jag Officer.
Now realize... They really don't have a lot of Jag Officers for the Army. I mean.. there are only so many that cover the whole Army... so you can imagine that their desk is full. So call once a day, every day, until you find a Jag officer who will listen to your case.
Now once you find a Jag officer who will work with you, stop bugging them. I know people that heard they need to keep calling... so they did... even after they got a person to help them out.. so then all they did was piss the guy off.
I'm willing to bet that your landlord will back off when he realizes your seeking legal action. You have rights. Lots of them. |
|
|
|
|
|
 Who wants to join me in saluting the brave SEALS and brave snipers who killed those pirates dead? |
I am not sure, but I guess the snipers were probably Marines. So who wants to join me in saluting these brave dudes? I say bravo!
Additional Details
Yeah, I didn't mean to offend ... |
|
 High school to flight school? |
is it difficult to get entry into this program?
i got 120 line scores on my ... |
|
 Patton Question! for ppl? |
| Patton was considered to be one of or the best tank commander/if im wrong correct me. Later became a General and lead Us forces into Africa to chase Rommel out of the continent. My question is could P... |
|
 What to expect from the Army? |
| im 17 years old, and for the past months ive been seriously considering joining the army, or marines. i was just wondering if anyone had advice on what to expect, like if i join the army will i most ... |
|
 How can i become a surgeon? |
| i am a high school soph and i would like to go to west point , but i don't know how i can go from there to med school or what i am supposed to major in in college before med school and then will ... |
|
 Why is Australia part of deployment? |
my husband goes to Okinawa Thailand Philippines and Australia
I kinda feel dumb asking this but... i am =), why Australia?... |
|
 My car is still in my mom's name and I am needing to get military decals. Does she have to be there? |
| I have the insurance and the registration info. But does she still have to be there? I am the one with the ID. I am a military wife.... |
|
 Child support and millitary? |
| i am married but i have a child by someone else that i pay child support for i know u cant enlist as a single parent but how does this work can i ... |
|
 Which countries have told the US military to leave? |
| Which countries were US military personnel stationed in but the country asked them to leave for whatever reason?... |
|
 What will happen if Air Force One runs out of fuel while in air? |
what will happen if Air Force One runs out of fuel while in air and there's no airports nearby?
Additional Details
and what would happen if two engines break?... |
|
 4 man fire teams...for Marines? |
| i was wonderin because i found out today my brother(Marine Corp) uses some kind of machine gun in a 4 man fire team.. i wanted to know what kind of guns they use ine the 4 man teams. if u know please ... |
|
 Why is it that Much of the US does not like Obama Military wise? |
Besides his decisions on the war, Religion and his Lack of Leadership
I want to hear people who have something terrible worth saying about him something that goes beyond just seeing him on ... |
|
 What is a good Navy Rate for Traveling? |
| I'm taking the ASVAB tomorrow and I will probably get a 60-75 on it. Within that score what are some good jobs to travel the world with that are "exciting". I was thinking of being an M... |
|
 If you are an Army Ranger how long do you stay in iraq for, and how long do you get to come back to the states? |
| I was just curious i'm not sure how it works. One of my friends said that you stay out there for up to a whole year, but he's not in the military.... |
|
 How should I tell/convince my parents for me to join the army? |
| I'm only 15, but i've always wanted to be in the military, especially the army. Since i'm a freshman in high school, I know that I could just join on my own after high school but I ... |
|
 Are those somali pirates hypocritical? |
| – Somali pirates on Monday vowed to retaliate for the deaths of three colleagues who were shot dead by U.S. Navy snipers hours before in a daring nighttime assault that freed a 53-year-old American ... |
|
|
No Spam
Adult 
Gambling
Unfinished
Deception
Plagiarism
Not English
