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Final payment amount Giving Notice

Discussion in 'Other Residential Landlord & Tenant Issues' started by dominator, Jul 18, 2020.

  1. dominator

    dominator Law Topic Starter New Member

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    Hello,

    I was on a 13 month lease with my apartment from April 13 2019 until May 12 2020. Because of the pandemic, I could not move out and requested a 3 month lease.

    I signed a 3 month lease from May 16 2020 until August 12 2020 for 908/month + utilities.

    The dishwasher was not draining, the sink was leaking. Because the sink was leaking, I could not do the dishes and there were a million fruit flies. Even after submitting 3 service requests to fix the dishwasher,sink and pest control, no one came to address the issue. Almost every week there were renovations going on and I had to vacate the place because of the unlivable condition. I moved out on July 13 2020 and I had already paid rent of $1023 for the whole month of July.
    Now, I get a letter asking for $430 for rent from August 1st - 13th ( because I submitted the 60 day notice 1 day late, they are taking money for August 13th as well). If I fail to pay, it is written that they will forward it to the collection company.

    Even though I have lost money for the month of July, I do not want to pay the $430 for the month of August.
    The apartment management is inconsiderate and unprofessional in replying to emails and on call, so knowing that, I know they will not agree to waive off the August 2020 rent.
    Is there a way I can avoid the charges?

    Please help.

    Thank you.
     
    Last edited: Jul 18, 2020
  2. army judge

    army judge Super Moderator

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    Did you have a question, or were you just ranting?
     
  3. dominator

    dominator Law Topic Starter New Member

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    :)
    Without a job, paying $430 more when I have already moved out might sound like ranting.
    But, I would like to know if anything is possible to avoid the $430 charge.
     
  4. mightymoose

    mightymoose Moderator

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    You will end up paying for the portion of August as well. You did not honor your lease agreement and you did not give proper notice. If conditions were so bad you should not have renewed the lease.

    Try to work out an agreement with the landlord. Make installment payments if necessary. Don't let the matter go to collections or it will cost more.
     
    dominator likes this.
  5. army judge

    army judge Super Moderator

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    There it is, a question, thank you.

    You seem to have given notice of your intent to vacate one day late.

    Nevertheless, even if the notice was one day late, it was late.




    I can only go by what you tell us, as you have actual knowledge of what occurred.

    You have described WHY your former landlord is charging you an additional $430.

    If the notice you gave was one day late, the assessment is valid.

    If you don't think you owe the $430, you can bring a case before the appropriate small claims court and have a judge adjudicate the matter.

    Best of luck to you, mate.
     
    dominator likes this.
  6. mightymoose

    mightymoose Moderator

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    Regardless of the notice, the tenant did not compete the lease period as agreed. Even if the notice had been given earlier the amount for August would likely be owed.

    The only way I know to avoid paying is for the landlord to rent the property to someone else and not have a loss.

    Keep an eye on the property and see if it is occupied around August 1. If it is not then you likely have no way out.
     
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  7. army judge

    army judge Super Moderator

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    I don't know if the unpaid rent will ever be paid, but it appears the landlord will assess the amount allegedly owed and send someone a bill.

    Should the bill be unpaid, or the security deposit can't cover the assessment, it'll eventually passed along to a collection agency who'll began dunning and hounding the OP.

    The OP could even be sued for any alleged amounts owed, and someone's FICO will get clobbered.
     
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  8. mightymoose

    mightymoose Moderator

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    It is my understanding that judgments are no longer reported to credit agencies and don't effect scores, which is unfortunate because it was a significant motivator to pay delinquent debts.
     
  9. army judge

    army judge Super Moderator

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    You understand correctly.


    But, THEY (the all powerful THEY still getcha).

    Judgments are no longer factored into credit scores, though they are still public record and can still impact your ability to qualify for credit or loans. Lenders may still check to see whether any outstanding judgments against a potential borrower exist. You should pay legitimate judgments and dispute inaccurate judgments to ensure these do not affect your finances unduly.

    THEY rarely provide equitable relief or respite to THEIR targets.

    THEY merely offer useless (or hard to use) solutions.

    Has Your Credit Score Increased Lately? This May Be Why
     
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  10. dominator

    dominator Law Topic Starter New Member

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    Thank you, Army Judge. Maybe I will just end up paying $430 for August as well, although I vacated a month before lease ended. Better than dealing with collection agency!
     
  11. dominator

    dominator Law Topic Starter New Member

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    Thank you, Mightymoose. I will just pay the money that I owe than have collection agency knocking on my doorstep. Don't want my credit score coming down
     
  12. dominator

    dominator Law Topic Starter New Member

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    The pain we would have to go through sounds scary, rather have the amount paid than fight against the property management who own like 3000 units. Lol.
     
  13. army judge

    army judge Super Moderator

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    As SGT Preston would always say to King, his genius husky and lead dog, "This is another case closed, King."
     
  14. mightymoose

    mightymoose Moderator

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    If the landlord gets another tenant in there by the first then you will not owe the $430. Wait and see before you send your dollars to a new home.
     

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