All Forum Posts by: Kirk Cochran

Thanks for the help. Termination is effective "on the last day of the month following the month in which the notice was given." The landlord isn't obligated to prorate rent for the next month, and he won't. 

I plan to just pay the last month's rent, cover all my bases, and see if he returns the refund. If not or there is a dispute, we will go to court.

Called the landlord and tried to negotiate with him to keep $480 of the deposit as prorate for rent up to August 18th. Also stated that I would be moved out by the end of July and he could rent the place out on August 1st if he wanted to. He declined the offer.

I then offered to let him keep all of the deposit with the same terms. He declined.

He went on to argue that I violated the lease by not giving 30 days notice and he will be KEEPING the $800 deposit because of that. In addition he stated that I would  ALSO owe $800 for rent.

I really couldn't believe my ears so I asked him is he really planning on KEEPING the deposit AND charging me $800 for rent. He said yeah.

The phone call ended with me saying we'll just have to go to court to sort it out.

This seems illegal and is not part of the lease. The lease doesn't state improper notice as a reason to deduct from the deposit. What do you all think?

Thanks for the feedback. There is a high chance I will owe rent, but cant this be taken out of the deposit? He wouldn't have to pursue me since thats what a security deposit is for, correct? 

I can't see him keeping my deposit and wanting another $800. Doesn't seem right. 

Thanks for your feedback. I was expecting something like this to happen, but what I am most concerned about is his threat to "evict" me, charge a months rent and damage my credit. Can this be done if he still holds my deposit and the deposit covers the $800 for rent?

Other than to spite the tenant, I don't see why a landlord would go through that process if they have the money to cover it from the deposit. My landlord is a bully and I took this as a threat.

Hello all. I am new to the forums and seeking some advice with how to deal with my landlord.

I rented with my landlord for the past year. The original lease was from July 1st, 2015 to June 30th, 2016. Rent is $800 and the lease states that "This lease automatically renews on a month-to-month basis" unless the landlord or tenant gives 30 days written notice.

Some time near the end of June, I paid $800 in rent for the month of July, under the assumption that I was now month to month, per the lease. The landlord accepted payment with no problems. A week or so later on July 2nd, I received a notice on my door stating a rent increase to $825 for a new lease and $875 for month to month.

My landlord is rude, impersonable, and often does not respond to requests for anything or clarification on terms of the lease. He has done things in the past that show this. After receiving the rent increase notice, I decided to move and look for another place, since I didn't want to be bullied into a new lease that costed more, or pay $875 to stay there and possibly even have him pursue me for another $75, which I can't owe because of his late notice. I did not sign the notice and did not agree with anything on it.

His notice is a direct result of my decision to terminate my lease. I started looking for new places to live because I did not want to pay the higher rent. Once I start looking for places and notified him July 8th that I will be terminating on the end of the month. He insists 30 days written notice, which I argued was not possible because of his late notification of rent increase. This is was all done through text.

A few weeks later I find a new place and sign a new lease. On July 18th, after getting everything squared away, I notified him in writing that I would be leaving and he began stating that I need to give 30 days notice. I argue that this was not possible because of his untimely and likely illegal rent increase. This was all through text.

I decided to move because he tried to force me into paying higher rent for August and possibly July (was never clarified) without proper notice.

He has basically stated that he will be expecting rent on August and will file an eviction and "contact collections" if I don't pay.

The problem with this is that I will no longer be living there. He also has my deposit which can be deducted. I don't see the need to threaten me with eviction.

He is very shady and I planned on him trying to keep my deposit, but this is just ridiculous.

Am I legally bound to this 30 day notice if my termination was a result of his untimely and possibly illegal rent increase? Even if I was, could he file eviction instead of taking it from the deposit? Even if I no longer live there and have returned the key?

This all seems ridiculous to me.  I have attached our text conversations for more details (the threat is on the July 18th set). I know it is a lot to read, but I really need some help. Any input is appreciated.