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2 Bumps

Landlord advice please!?

We've been transferred. Had 3 months left on our lease and had to agree to continue paying rent (June July & August).

I talked to the landlord back in MAY and told her that our 30 day notice would begin on august 1. (as we didn't expect a move date from the movers until some time in july - summer is their busiest season). I came out west the first second week of june to get the new house ready (we bought an old house that needed a lot of work) - while here we get a ca that the movers had a cancellation and could do our move the last week of June (we accepted because the original date was the last week of July). So we got our stuff moved out a month early. But that also threw our schedule off big time on the other end.

We paid June and July rent and are about to pay august on the old place- but out 30 notice don't start until august 1 (giving us 30 days still to send a housekeeper out for the final cleaning. DH went out and met with the movers while I stayed behind to keep painting etc before the movers got here and he took pictures of the old house while they were finishing up - it's clean.

Now I'm getting emails from the landlord out there - she wants to take possession of the house NOW before we get the professional cleaners there (our appointment with Service Pro is August 10 - first available date. AND she wants us to continue to pay utilities until September 1.

Why she's pushing us to turn it over to her BEFORE the 30 day notice even begins is beyond us. I get that she might be trying to get double rent for august ( from us and a new renter) but I think that is illegal. We also get that she might be pushing us to turn it over before it's been professionally cleaned so that she can keep our deposit ( using the excuse that we turned over possession "and she had to clean it".

We can't help it that we were fortunate enough to get an earlier date from the movers but that doesn't mean that we are required by law to void our 30 day notice and forfeit our deposit does it? As long as utilities are still in our name and we have appointments for professional services to be done on the house AND we are still paying rent - she can't just take the house over like that can she? We haven't abandoned it by any means - we're just here and have someone appointed to go by and check on the house out there weekly until we go back this weekend to start the "buttoning up process".

Answer Question
 
Anonymous

Asked by Anonymous at 10:08 AM on Jul. 11, 2011 in Home & Garden

Answers (11)
  • If you are still paying on the place and the lease is still valid, she has no right to re-posses the property. You might want to suggest to her that she either honor the lease or you'll need to discuss the situation with your lawyer.
    Dr.Donna

    Answer by Dr.Donna at 10:10 AM on Jul. 11, 2011

  • I agree with Dr.Donna.
    pookiekins34

    Answer by pookiekins34 at 10:16 AM on Jul. 11, 2011

  • She sent me an email about it and I td her that if she was ready to show the place that we'd have to turn the utilities back over to her- we can't and don't want to be paying AC bills while she runs people in and out of there. That's not our responsibility. She emailed me back and said "so I guess you're giving me "official permission" to enter and please don't turn the utilities off before I can get it together and see what all I need to do down there. ( which is fair - except that she lives next door and she took care of the yard and she already knows that the ONLY problem in that house is an electrical plug that went out and her maintenance guy never fixed)
    So why she thinks or expects to take possession 45 days early to replace one receptacle just seems to be a farce
    Anonymous

    Comment by Anonymous (original poster) at 10:18 AM on Jul. 11, 2011

  • I agree, your still paying & have paid.
    SassySue123

    Answer by SassySue123 at 10:21 AM on Jul. 11, 2011

  • I am, however, filing all of the emails she is sending - just in case.
    Anonymous

    Comment by Anonymous (original poster) at 10:23 AM on Jul. 11, 2011

  • you have a lease, and gave a 30 day notice.. she can't come into the place until the end of the 30 days without an eviction notice..
    you can have her sign a contract if she wants to break the lease sooner that she will refund the month of august, but utilities will NOT be included. I would also at that point just go and clean the place yourselves.. (shouldn't take long).. you don't need professional cleaners to just clean up an apartment.. if she wants professional cleaners it needs to come out of HER pocket.. and any small things like a small stain in the carpet can come out of the security deposit, but be sure to get in writing any imperfections you see vs. hers and compare before __ is taken out of the deposit.
    xxhazeldovexx

    Answer by xxhazeldovexx at 10:58 AM on Jul. 11, 2011

  • I am a landlord she can not legally go in the house until your 30 day notice is up.
    momkaribg

    Answer by momkaribg at 11:33 AM on Jul. 11, 2011

  • Based on her second email about permission I would email her back and tell her that NO you are not giving her permission to go in and show it. If you have a lease and have done everything according to the lease for move out notice (including giving it to her in writing) then she cannot take possession legally without your permission. I would tell her no and get it cleaned and make sure you go back and get pictures of it before you turn over the keys to her.
    aeneva

    Answer by aeneva at 12:41 PM on Jul. 11, 2011

  • Would rather go do it ourselves but it's 8 hours away and would cost us a lot more than a housekeeper will charge by the time we pay for travel, motel, food etc. It's a house instead of an apartment, full tile and wood floors with carpet upstairs ( but the house had insufficient insulation and we never even put furniture upstairs) just being 2 of us, we used the bedroom downstairs) there are no stains, no holes, no nothing to be repaired (except that receptacle I mentioned which is an electrical issue and should have been fixed by her). Literally just have someone mop floors, clean the fridge and bathroom then dust - I keep a clean house already and we made NO modifications of any kind.
    We really feel like she's trying to "push" us to turn it over now so she can say we broke the lease and she can keep our deposit of $1000 AND get double rent for August. We're not budging.
    Anonymous

    Comment by Anonymous (original poster) at 12:41 PM on Jul. 11, 2011

  • We are gonna go back in to button it up so to speak - but not to clean. The housekeeper i contacted specializes in move-outs and part of her services is to provide pictures after the final cleanup(she does one-time cleaning specifically for people who get transferred)... (gotta love when you get transferred!). We are gonna be reimbursed for the 3 months rent from the company DH works for - but see no reason to forfeit $1000 cuz she wants to be pushy.
    Anonymous

    Comment by Anonymous (original poster) at 12:47 PM on Jul. 11, 2011

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