Are we responsible for rent if the landlord moved in?

[oldwvtenant]

We were 13 months into a 2 year lease when my husband lost his job. Our lease has a clause to let us out if we have to move b/c of work. So, we were okay there. But, we were supposed to give 60 days notice. We were only able to give 5 weeks notice (b/c we weren't going to have the money to pay rent beyond the next month).
So, we gave notice in May that we would be out by July 1st (moved June 27th). The first week of July, the landlord moved into the home. They have found tenants that will move in in September. So, they've stopped looking or tenants (even the ones I found that could have moved in the first week of July were followed up with). Are we still responsible for July's rent? They are threatening to sue (also calling at before 5am and saying they'll call everyone we know in our home states).

Additionally, they want $360 for late payments incurred throughout the year. However, we were never informed of these payments until now. I did not know the payments were not arriving on time as I mailed them around the same time every month. Shouldn't they have told me?

I now know I could have gone to the court about conditions in the house (leaking ceiling, leaking skylight that took 13 months to fix). But, we were trying not to be demanding tenants. I payed for an electrician and plumber myself b/c the landlord said he couldn't afford it. We'd gotten a letter of default from their mortgage company once, so I know their finances are strained and they owe more for the house than it's worth.

So, do we have a counterclaim or should be just fork out July's rent? And, what about the late payments?

 

[Gail_in_Georgia]

What was the reasoning behind the landlords moving into the home? Was it because they were no longer able to afford their own place now that they were not having your rent coming in? Did they move in for security reasons?

What did your lease say in terms of when a rental payment was late and the fees involved with this?

Gail

 

[oldwvtenant]

I'm not sure if my other reply was submitted...

They landlord and his buddy moved in to "do repairs and show the house." His primary home is in Louisiana (where his wife lives). But, he's a musician/carpenter/artist and his band is in the DC area. Also, "there's no work for him in Louisiana." So, he's been working in the area for months, staying with friends. He had every opportunity to do repairs. But, didn't fix the leaks until we were showing the house to possible tenants.

The house is quite secure. It's in a country subdivision with neighbors who know every vehicle that goes to and from the house. The neighbors are the ones who informed me that the landlord moved in.

The rental agreement said that there are $60 late fees. The landlord is saying rent was late 6 times over the last year. I was never told rent was late (not verbally, email, regular mail....it was never mentioned until we moved out).

Thanks!

 

[Gail_in_Georgia]

From your posting, the landlord moved in to secure and repair the place. You would owe for the three weeks rent (i.e., the difference between the required 60 day notice and the three weeks you fell short on doing this).

In a sense, you are lucky. Without this stipulation that you could terminate the lease because of work issues, you would owe until the new tenants move in in September.

It does sound as if the lease listed when rent was due and when it was late. It would then be the tenants responsibility to make sure the rent was received before the late fee date.

Gail