Can I be charged for my last months rent?

[andrea1509]

I have recently moved out of my apartment but the lease was not up until Jan 2011. But, on the sublease it states that I would only be living there for a total of 5 months and the dates say from Aug 4th 2010 to Jan 4th 2010. I moved in on Aug 4th 2010 but moved out Jan 3rd 2011. As you can see these are both typos of the sublease which my landlord agreed too. Do I still have to pay rent for the last month? The sublease clearly has many typos. Also, I was only subleasing and decided to move out early. Any information that anyone could give me would be greatly appreciated. Also, any information you could find and give me would be great as well.

 

[army judge]

This is tricky. But, if you interpret the intent, I'd have to say you're okay.

That doesn't mean you are or will be, mind you.
You'll have to wait and see if the landlord sues you.

You've got a plausible defense as stated above.

 

[mightymoose]

If you did not give notice as required by your late, which is probably 30 days, then you will be responsible for rent through all of January if the landlord does not quickly find a new renter.
It sounds like you are saying you left early without notice.
The typos won't help you here.
It does not matter that you were subleasing- you are still required to give notice.

 

[andrea1509]

We were never given a masters lease that states that we have to give notice. Nor on our sublease does it say that we have to give a notice on our sublease. That has to play some role. She never fully took the steps to give us the master lease and never stated it on our sublease.

 

[army judge]

We were never given a masters lease that states that we have to give notice. Nor on our sublease does it say that we have to give a notice on our sublease. That has to play some role. She never fully took the steps to give us the master lease and never stated it on our sublease.

None of that matters.
You didn't have to sign a lease.
You became a tenant the day you occupied the apartment with the promise of exclusivity and your promise to pay.
At that point, a lease was created (constructed) for you by MS state statute.
You (or the landlord) can terminate the lease with a 30 day notice to the other party.
Property can not be used, rented, etc.. on verbal agreements.
If you didn't sign a lease, the state constructs or provides one for you via state statute.
This comes from the English common law and the statute of frauds.
That matters not today, except that you may think you don't have a lease, but the law doesn't see it that way!
But, if he doesn't sue you, why worry?

This governs your activity:

http://landlordtenant.uslegal.com/lease/mississippi-termination-of-leases-notice-law/

 

[mightymoose]

We were never given a masters lease that states that we have to give notice. Nor on our sublease does it say that we have to give a notice on our sublease. That has to play some role. She never fully took the steps to give us the master lease and never stated it on our sublease.

Written lease or not, you must give notice as required by law.

 

[andrea1509]

The fact that we stated on the 3rd that we would be moving out that day means nothing. She could have tried to look for another tenant and waited for us to pay rent to see if she could find one. Is that not correct? Also, if the landlord agreed to the sublease that I laid out in the first post how am I still help responsible? She agreed on something but the law can take over and change what we both mutually agreed about? If that's what your telling me then why would someone even draw up any sort of lease?

 

[mightymoose]

The fact that we stated on the 3rd that we would be moving out that day means nothing.

Correct.

She could have tried to look for another tenant and waited for us to pay rent to see if she could find one.

Until you failed to pay rent she did not have reason to seek a new tenant. You could have helped the situation by finding someone to replace you as tenant.

Also, if the landlord agreed to the sublease that I laid out in the first post how am I still help responsible?

When the lease ends it become a month to month lease. You must give 30 days notice that you do not intend to renew the lease. Since you were at the end of the lease you would only be responsible for January's unpaid rent.

She agreed on something but the law can take over and change what we both mutually agreed about?

Regardless of what you agreed on, the law has precedence.

If that's what your telling me then why would someone even draw up any sort of lease?

The lease spells out the conditions of the agreement for matters controlled by law and those that are not.

 

[andrea1509]

Okay, I was in a SUBLEASE I cannot find another person to sublease an apartment I was subleasing. I have rented many places before and have NEVER had to give a 30 day notice even after the least has ended. Is the law going to have precedence when she made the sublease herself and agreed upon it? That still makes no sense. I was very confused at your replies and realized that I made it seem as if I had not paid rent. I did pay rent but I want my money back due to some of the things ive read and talked to a lawyer about. A landlord can agree to let you leave early and not pay the full months rent or she can make us pay for the time she can not find another tenant. She did not give us this option however. Also, the apartment was in such bad shape when we subleased there is no way she could have any chance at finding another tenant because the work in needs would take months. The problem with subleasing out of state is you only get to view pictures and your stuck in a contract unless you want to find another place to live. But, when you live in a city that is very popular it is sometimes difficult. I want my money back due too many things i've talked to one lawyer who said it would be possible. I just wanted a few other opinions from people on what they thought.

 

[mightymoose]

Well that is different. You have already paid your rent for January so you are ok. No, the landlord still does not have to give you the money back because you failed to give 30 day notice- which essentially means that you have minimized the landlord's opportunity to get another renter into the apartment. If the landlord does get a new tenant THEN you might be able to recover a prorated amount of your rent, but given the condition of the apartment this is unlikely.
You can certainly ask for the money to be returned, and you can threaten lawsuit. The landlord may pay the money just to avoid the inconvenience of court... but should you get to a courtroom your failure to give 30 day notice will be your undoing. Army Judge posted a link above the outlines this responsibility. As a subtenant you have the same duties as a tenant.

Did you at any time during your tenancy give written notice to the landlord of needed repairs? If not, don't count on getting any kind of refund based on the condition of the apartment.

 

[andrea1509]

We did not give her written notice of repairs because she was supposed to come in and do an inspection which she never did. Then we kept calling to have her come fix stuff. We had water leak from the upstairs to the downstairs which took her 48-72 hours to have some come fix even though it was coming through a light fixture. I know this sounds like an extremely run down apartment complex but the apartments were actually made out to be very nice and upscale. But, everything ended up being cheaply made. We also, had holes in the wall from the guy we subleased it from. We called her to have someone come fix those and she never did. Then we also called her about a smell we had as soon as we moved in as well as various large stains on the carpet. She had someone come in and shampoo the apartments which, got rid of the smell but all the stains were still there. She said we did not need the carpet replaced and left it at that. Another time we had roaches coming in from out neighbors house and called to get the exterminator out there. He never came until his new scheduled appointment for the entire complex which was 1-2 months later. It between that time we called her and she told us he had already came. But, when he got there for the monthly inspection he informed us that the landlord only allows him to come every 3 months. Would it be helpful for me to have pictures of all the damage? As, I do have pictures of all holes, stains, and broken appliances.

 

[mightymoose]

Pictures help- but if you did not give written notice of the damages you may not get far.

As you describe your situation, you are not out anything. You paid your January rent and then you chose to move out early without notice. You had paid the rent for the month and were entitled to stay for that time. The landlord is not responsible for that decision. You won't get a refund.
The time to argue over the condition of the apartment has passed, and you did not follow the proper procedure. You aren't likely to get anywhere with your argument in court, but if you do take the steps to file in small claims you might be able to persuade the landlord to settle and pay something simply to avoid court.

I understand your frustration, but you don't have much to work with here. You need to rely less on what people tell you in these agreements. They can say whatever they want, but what matters is what the law allows. You did not give 30 days notice and you did not make a proper complaint regarding the living conditions. The landlord will deny your claims, the judge will ask to see your letter, and you will be left out to dry.