Need suggestion on moving out

dharmakaya · Apr 28, 2010

My question is

Can tenants run ads on craiglist and show their own apartment and take potential tenant to the Landlord for application?

Can anyone give us some suggestions on our situation? Shall I take the landlord to a small claim court?

Here is my story,

Our lease will be up by the end of July. We bought a new apartment, so decided to move out at the end of April. On April 2nd (Friday), I told the landlord( a real estate company owned by a lady, she made all the rules in her buildings) that we were going to move out. She told me that we are responsible for paying the rent until the apartment is rented out, and we are not allowed to do ads (except by word of mouth), nor show the apartment by ourselves. She also said that if we can move out by April 24th and someone takes it with a new lease starting from May 1st, we can get the deposit for the last month rent back. We should give them a written copy of notice of moving out ASAP.

On April 5th (Monday), we gave them the notice of moving out. But by April 23(Friday), they have never showed our apartment to anyone ( They ran ads, and showed other apartments, but not ours). Meanwhile, we posted some ads by ourselves, and took a couple of potential tenant applications to the landlords’ office, but all applications were shot down for salary verification or credit reasons. They warned us not to run ads or show the apt again.

In order not to lose all three months’ rent, we withdrew the notice of moving out on April 23. Today I took a friend to their office for application on a lease starting on June 1st, they told me my friend must see the apartment through them and warned me of no ads and showing.

Just called the AGO, I was told I can run ads and show the apartment.
Shall I take the landlord to a small claim court?

army judge · Apr 28, 2010

dharmakaya said: ↑

My question is

Can tenants run ads on craiglist and show their own apartment and take potential tenant to the Landlord for application?

Can anyone give us some suggestions on our situation? Shall I take the landlord to a small claim court?

Here is my story,

Our lease will be up by the end of July. We bought a new apartment, so decided to move out at the end of April. On April 2nd (Friday), I told the landlord( a real estate company owned by a lady, she made all the rules in her buildings) that we were going to move out. She told me that we are responsible for paying the rent until the apartment is rented out, and we are not allowed to do ads (except by word of mouth), nor show the apartment by ourselves. She also said that if we can move out by April 24th and someone takes it with a new lease starting from May 1st, we can get the deposit for the last month rent back. We should give them a written copy of notice of moving out ASAP.

On April 5th (Monday), we gave them the notice of moving out. But by April 23(Friday), they have never showed our apartment to anyone ( They ran ads, and showed other apartments, but not ours). Meanwhile, we posted some ads by ourselves, and took a couple of potential tenant applications to the landlords’ office, but all applications were shot down for salary verification or credit reasons. They warned us not to run ads or show the apt again.

In order not to lose all three months’ rent, we withdrew the notice of moving out on April 23. Today I took a friend to their office for application on a lease starting on June 1st, they told me my friend must see the apartment through them and warned me of no ads and showing.

Just called the AGO, I was told I can run ads and show the apartment.
Shall I take the landlord to a small claim court?
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First of all, EVERYTHING you do from this point forward, do it in writing.
You can use oral communication and email as secondary methods, but EVERYTHING must be done in writing for YOUR protection.

Do you have a written lease?
If you do, read it.
The determines how you terminate the lease.
In MA, this is called a "fixed term tenancy".

Fixed-term tenancy. A tenancy for a fixed term must be created by a written lease, signed by both the landlord and the tenant. A lease, in its simplest form, is a contract that you will rent the apartment from the landlord and the landlord will rent it to you, for a fixed term at a fixed rent. In order for a lease to be valid, it must be in writing and must indicate the date on which it ends. The term is usually for one year, although any other term is possible. It should also state the amount of the rent and what the rent includes. The lease binds both parties. The landlord cannot raise the rent or change what the rent includes during the term of the lease unless the lease itself provides for it. You cannot leave during the term of the lease without legal complications.
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If you don't have a lease.
You are a month to month tenant.
In MA, they call it a "tenancy at will".
Under MA law, this is how you terminate a month to month tenancy.

Tenancy at will. A tenancy at will in Massachusetts is what, In other states, is called a month-to-month tenancy. A tenancy at will may be in writing, but it is often an oral agreement. With a tenancy at will, either party may terminate the tenancy by giving the other a notice one rental period or 30 days in advance, whichever is longer. A notice to terminate a tenancy at will must be written in a certain way, or it is not effective. It must specify the date on which the tenancy terminates, and it must state that date correctly. A notice to terminate a tenancy at will is commonly called a "30-day notice," but this is a misnomer. It would be clearer if we called it a rent-period notice, since isn't just any 30 days. The notice must terminate the tenancy on a rent day. It is not effective unless it states the date when the tenancy is to terminate and states it correctly.

For example, if the rent is payable on the first of every month, the notice must terminate the tenancy on the first. You cannot send the landlord a letter on the 15th of this month terminating your tenancy on the 15th of next month. You can only terminate the tenancy on the first of the month. On the other hand, if the rent is payable on the 15th of each month, then you must send a notice terminating the tenancy on the 15th.

The notice must be received one full rental period and at least 30 days in advance in order to be effective. This means that tenants who pay rent by the week are entitled to at least 30 days notice of termination. Note: Since February does not have 30 days, a notice intended to terminate a tenancy at the end of February is not valid unless it is received several days before the end of January.

A common form of termination notice reads something like:

"I hereby terminate my tenancy as of the end of that month of my tenancy which begins next after you receive this notice."

This legal formula usually covers most of the complications regarding these rules.

http://www.gis.net/~groucho/tenant.html

1. Keep a Paper Trail

If you learn nothing else from this guide, learn to keep good written records. Roughly six thousand years after the invention of writing, in a society with almost universal literacy, many people are inexplicably reluctant to keep written records of even the simplest things. It is important to document the landlord-tenant relationship, and, indeed, all consumer transactions.

Get Everything in writing. Don't believe spoken promises, especially when you are being shown an apartment. An oral promise isn't worth the paper it's not written on! Get all agreements between you and your landlord in writing. If you cannot do this, have a witness with you when talking to the landlord. Follow up with a letter "confirming our conversation of (date), ..." Beware of a landlord or real estate agent who won't put a promise in writing. It likely means they don't intend to keep it.

Get the names of the people you talk to. When you talk to anyone at any business or government agency, get the name of the person you talk to. "Somebody in the office told me..." has little credibility. If anyone won't give you their name, ask for someone who will.

Keep records. Get signed and correctly dated receipts for any money that you give to the landlord and make sure the receipt states the purpose for which payment was made. Save cancelled checks and copies of money orders. Pay attention to the distinction between a security deposit and a last month's rent deposit and make sure that any receipt or check for these deposits states the purpose correctly. In a dispute over rent, the winner is often the person with the better rent records. Save all receipts and letters from your landlord and make copies of any letters that you send him or her. Use certified mail, return receipt requested.

It is important to communicate with landlords in writing. Even if you communicate orally, it is a good idea to send a letter or e-mail confirming the conversation in writing. Landlord-tenant disputes often turn on different interpretations of the same conversation. When you write a letter, be sure to spell everything out in detail. Your letter to your landlord isn't just for the landlord. It's also for your own records, to refresh your memory years later, and, if necessary, to show a court. Date each letter and keep a copy. Archive e-mails and back them up safely or print them out. If you deliver letters personally by sliding them under the landlord's door, note the date and time you did so on your copy. Save the originals of all correspondence from the landlord. Note on each document the date you received it. If you correspond by fax, be sure to print out and save a transmission record for every fax that you send. We have seen judges refuse to admit a fax communication into evidence without a transmission record.
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army judge · Apr 28, 2010

Secxurity Deposits

This explains MA security deposits.

Security Deposits and Last Month's Rent

Under Mass. General Laws, ch.186, §15B, at the beginning of the tenancy, your landlord may charge only:

* rent for the first month;

* rent for the last month, calculated at the same rate as the first month;

* a security deposit equal to the first month's rent; and

* the purchase and installation cost for a key and lock. This does not mean a key deposit. The law does not allow a key deposit.

The law also regulates how your landlord can accept and hold these funds. For a security deposit, the landlord must:

* place it in an escrow account in a Massachusetts bank free from the reach of the landlord's creditors;

* transfer the deposit to the new owner when s/he transfers the premises;

* give you a receipt showing the amount of the deposit, the landlord's name, the address of the premises, and the name of the bank and the account number in which the security deposit is being held;

* give you a statement of the present condition of the premises (see the chapter on Property Damagefor further information about this important document);

* If you submit to the landlord a separate list of damages, the landlord must return a copy of your list to you within fifteen days of receiving it, with either the landlord's signed agreement with the list or a clear statement of disagreement attached.

* pay you 5% interest per year on the deposit, or the amount of interest the landlord actually receives from the bank if that is less;

* keep careful records on the security deposit and make them available to you at the landlord's office during normal business hours.

Your landlord must return the deposit within 30 days after you move out if you are a tenant at will or after the expiration of your lease. The landlord may only deduct unpaid rent which has not been validly withheld, taxes due under an escalator clause, and the cost of damage you have done to the premises (this does not include normal wear and tear). If the landlord deducts for damages, he or she must follow the procedure in the statute exactly.

The landlord must provide you with an itemized list of damages, signed under penalties of perjury, itemizing in precise detail the nature of the damage and the repair necessary to fix it, with written evidence, such as estimates, bills, invoices, or receipts, indicating the actual or estimated repair cost, within 30 days of termination of occupancy under a tenancy at will or the end of the tenancy under a lease. This rule must be followed exactly, or you can sue the landlord for treble damages plus attorneys fees.

For the last month's rent, your landlord must:

* give you a receipt that states:

o the amount of the rent,
o the address of the premises,
o the person receiving the rent,
o that the landlord must pay interest, and
o that you should provide the landlord with a forwarding address where the interest may be sent; and

* pay you 5% interest yearly or notify you that you may deduct the interest from your next rental payment. The landlord doesn't have to hold the last month's rent in an escrow account, but he or she may not deduct for damages to the unit from the last month's rent. If the landlord does use an escrow account for last-month's rent, he or she may pay you the amount of interest actually received in the account, rather than 5%.

If your landlord fails to comply with any of these requirements, the law allows you to sue the landlord for damages including return of the deposit. For some violations, damages include three times the interest due or three times the amount of the deposit, plus your attorney's fees. The Massachusetts Appeals Court has ruled that a landlord may avoid the treble damages by returning the security deposit promptly on demand. (Castenholz v. Caira, 21 Mass. App. Ct. 758, 490 N.E. 2d 494 (1986).) A violation of any of these provisions may also be a violation of Mass. General Laws, ch.93A, the Massachusetts Consumer Protection Law.

Since the rules are different for security deposits and last months rent deposits, it is important for you to see that the paper trail makes clear which kind of deposit you are paying. If you pay by personal check, be sure to write an accurate description of the payment in the "memo" section of the check. If you are paying in any other way, be sure that you get a receipt which includes an accurate description of your payment.

The security deposit and last month's rent law does not apply to any rental for a vacation or recreational purpose of 100 days or less in duration. It also does not apply to commercial rentals.
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army judge · Apr 28, 2010

Why would you want to take the LL to court?
That will only elongate your exit from the apartment.
You can get out of the lease, without the hassle of court.
It all depends on what type of lease you have.

dharmakaya · Apr 28, 2010

It's a fixed term lease, end on July 31st. They withhold last month rent, no security deposit. According to the lease we are responsible for all the rent until it's taken by someone. If the landlord don't show that apartment, we ar not allowed to show it, it seems that we had no choice but lose three month rent.

What can we do in this situation?

army judge · Apr 28, 2010

dharmakaya said: ↑

It's a fixed term lease, end on July 31st. They withhold last month rent, no security deposit. According to the lease we are responsible for all the rent until it's taken by someone. If the landlord don't show that apartment, we ar not allowed to show it, it seems that we had no choice but lose three month rent.

What can we do in this situation?
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You MUST give at least a 30 day notice.

Your landlord can't stop you.

Don't even discuss this with him/her.

Do as I instruct you below.

What they are telling you is hogwash. Ignore it.

If you want to terminate on 31 July, you should notify the landlord in writing by 30 June.

Since you know it now, you can notify them today.

You should do it in writing.

I'd send a copy of my termination notice by certified or registered mail (or you could use FedEx) as long as you have PROOF of delivery.

I'd also hand deliver them a copy.
I'd ask the person that I gave it to to sign that they received it.
If they refuse, that's okay.
Just be sure to note who accepted it, the date, and time.
I'd also take a witness to testify to the hand delivery.
Leave no stone unturned if you want out.

The letter to vacate should read something like this:

May 01, 2010
Mr. Biggie Bigbucks
123 Easy Street
Worcester, MA 01609

SUBJECT: Notice of termination of leasehold at: 456 Hardknocks Way, Apartment 321; Bendover, MA 00169

Dear Mr. Bigbucks:

This is to advise you that I will be terminating my tenancy at: 456 Hardknocks Way, Apartment 321; Bendover, MA 00169. This is effective at the end of my current leasehold on July 31, 2010. I am providing you with this notice pursuant to our lease and Massachusetts Tenant Law.

I request the right to be present during your inspection of my apartment for any and all damages. I will be relocating to 999 Inthemoney Drive, Lottery, MA 01234; upon vacating my current apartment. All future correspondence (including the return of all monies owed to me from my last month's rent) should be sent to me at that address.

Sincerely,

Iwuzz Yoretenant

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dharmakaya · Apr 28, 2010

Our lease ends on July 31st. Last written notice is given on April 5th, telling them I'm moving out on April 24th. Because there is no showing by the landlord and nobody took the apartment(they do show other apartment in our building), we withdraw our notice on April 23rd. I'll write them a notice again tomorrow to moving out on April 30th. I don't care losing the last month rent. But if they charge me for rent of June and July by June and July. What shall I do? The lease requires me paying rent for every month that the apartment isn't taken before July 31st. If we don't pay, they are going to put it into my credit report.

army judge · Apr 28, 2010

dharmakaya said: ↑

Our lease ends on July 31st. Last written notice is given on April 5th, telling them I'm moving out on April 24th. Because there is no showing by the landlord and nobody took the apartment(they do show other apartment in our building), we withdraw our notice on April 23rd. I'll write them a notice again tomorrow to moving out on April 30th. I don't care losing the last month rent. But if they charge me for rent of June and July by June and July. What shall I do? The lease requires me paying rent for every month that the apartment isn't taken before July 31st. If we don't pay, they are going to put it into my credit report.
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I see what you want to do NOW.
You're trying to break the lease EARLY.
That will cost you.
You have no legal reason to break the lease.
You're trying to use a personal reason to break it.
You can't do that without paying them.
Your best bet is to wait until the lease ends.
If you leave early, they'll keep your security deposit and you'll owe them for May, June, and July.
This will cost you dearly.
You shouldn't have taken the new apartment until August 1st.
YOU SCREWED YOURSELF.

dharmakaya · Apr 28, 2010

Generally speaking, MA law obligates landlord to make reasonable efforts to re-rent the apartment.

But they don't do showing in the past month, at the same time don't allow us to run ads and so showing. That means the only choice is to lose three months' rent. That's why i come here for some suggestion.

Call AGO this afternoon, they told me i can run ads and show the apartment.

army judge · Apr 28, 2010

dharmakaya said: ↑

Generally speaking, MA law obligates landlord to make reasonable efforts to re-rent the apartment.

But they don't do showing in the past month, at the same time don't allow us to run ads and so showing. That means the only choice is to lose three months' rent. That's why i come here for some suggestion.

Call AGO this afternoon, they told me i can run ads and show the apartment.
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In this economy, you might not get a replacement tenant.
It is never wise to break a lease.
It will always cost you money.
I understand what you're saying.
If you have a prospective tenant, just have them pay the rent until July.
You give your notice on June 15th.
Then that person can move out or try to rent it on their own.
The LL doesn't have to take a tenant to replace you.
I know what the law says, and I know how people can make excuses.

Anyway, good luck.

dharmakaya · Apr 28, 2010

If the LL allows us to run ads and do showing, I'm very positive to rent it out to tenant with good credit, the apartment is at good location with reasonable price. If I took the information I received from AGO to LL, it only means more fight. Whatever is not a happy ending.

army judge, I appreciate your help. Thanks very much!

dharmakaya · Apr 29, 2010

Today, one of my friend offered to sign a new lease with them. When the management guy showed her our apartment, she pointed out that the toilet tank cover missing a small piece (about an inch) on the corner . That guy claim must be me who did it. Actually it was like that when i moved in six years ago. After careful observation, i found a small drop of dry paint on the surface of the broken part. There are a lot of small drops of dry paint on the surface of the toilet and on the floor. They painted our apartment before we moved in. No painting of the apartment ever since. Is this enough to prove he lied? What shall I do?

army judge · Apr 29, 2010

dharmakaya said: ↑

Today, one of my friend offered to sign a new lease with them. When the management guy showed her our apartment, she pointed out that the toilet tank cover missing a small piece (about an inch) on the corner . That guy claim must be me who did it. Actually it was like that when i moved in six years ago. After careful observation, i found a small drop of dry paint on the surface of the broken part. There are a lot of small drops of dry paint on the surface of the toilet and on the floor. They painted our apartment before we moved in. No painting of the apartment ever since. Is this enough to prove he lied? What shall I do?
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Did you conduct a walkthrough inspection prior to moving into the unit?

Did you document any exceptions or problems?

Did you take pictures (video) of the unit PRIOR to moving into the unit?

If you have proof, as described above, you can fight it.

If you have NO PROOF, your LL will charge you for the damages!!!!

dharmakaya · Apr 29, 2010

no for your first three questions.

But they have no proof either.

That small drop of dry paint(It's very small, if you don't pay attention, you will not notice it.) on broken surface can prove the damage happened before we moved in.

army judge · Apr 29, 2010

dharmakaya said: ↑

no for your first three questions.

But they have no proof either.

That small drop of dry paint(It's very small, if you don't pay attention, you will not notice it.) on broken surface can prove the damage happened before we moved in.
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Hello, he doesn't need proof.
You do.
He already has your signature on a lease and your security deposit!

dharmakaya · Apr 29, 2010

Can't that drop of dry paint on the broken surface prove anything?

army judge · Apr 29, 2010

dharmakaya said: ↑

Can't that drop of dry paint on the broken surface prove anything?
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Think about it.

The LL could say YOU put it there.

You have no proof.

He has your money and signature on a lease.

The next time do a walkthrough before you move in, and before you turn in the keys to move out!!!!

dharmakaya · Apr 29, 2010

I learned a lot. If not through this, I can never be an experienced tenant. If LL is going to charge me for that, I'll go to a small claim court, not much more to lose anyway. Can not let them take advantage of me so easily.

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