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Need suggestion on moving out

Discussion in 'Moving In & Out, Movers' started by dharmakaya, Apr 28, 2010.

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  1. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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?
     
  2. army judge

    army judge Super Moderator

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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".






    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

     
  3. army judge

    army judge Super Moderator

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    Secxurity Deposits

    This explains MA security deposits.


     
  4. army judge

    army judge Super Moderator

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    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.
     
  5. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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?
     
  6. army judge

    army judge Super Moderator

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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.


     
    Last edited: Apr 28, 2010
  7. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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.
     
  8. army judge

    army judge Super Moderator

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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.
     
  9. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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.
     
  10. army judge

    army judge Super Moderator

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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.
     
  11. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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!
     
  12. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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?
     
  13. army judge

    army judge Super Moderator

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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!!!!
     
  14. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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.
     
  15. army judge

    army judge Super Moderator

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    Hello, he doesn't need proof.
    You do.
    He already has your signature on a lease and your security deposit!
     
  16. dharmakaya

    dharmakaya Law Topic Starter New Member

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    Can't that drop of dry paint on the broken surface prove anything?
     
  17. army judge

    army judge Super Moderator

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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!!!!
     
  18. dharmakaya

    dharmakaya Law Topic Starter New Member

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    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.
     
    Last edited: Apr 29, 2010

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