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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27692
Experience:  JA Mentor
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I am writing in regards to a Realestate rental contract. I

Customer Question

Hi- I am writing in regards ***** ***** Realestate rental contract.I leased a property and violated the lease by subletting to make ends meet.I received a notice to stop subletting, I stopped sublettingAbout 60 days letter I received a phone call from the property manager that said I needed to move out in 72 hours or I would pay attorney fees and have an eviction on my record.The property manager accused me of subleasingThe following day I receive a notice posted to my door I need to vacate within 72 hour or pay which was odd because I wasn't late.The property manager agreed if I vacated that he would adjust the breaking of the lease agreement feesI moved out and the property manager advised me he has someone who would be moving in33 days later I receive my accounting of my deposit and the landlord is still charging me rent.The landlord has said I have to pay until they resent the home.The landlord has a sign in the yard and I listing for the property on his company website- no other major marketing or websites that will actually being a tenant.Why would I pay for a property I was forced out of and threatened?I have been ticketed.
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

You are not still responsible for the rent. The landlord made a choice to terminate your lease and make you move out. In making that choice, he's deciding that he doesn't want to accept rent from you anymore. You ALSO are not responsible for rent after someone else moves in, because that doesn't make sense - the landlord can't rent the same property to two people at once. He can't both prevent you from entering AND make you pay to live there.

If you have paid any rent after you left, you could sue for a refund. If the landlord kept your security deposit because of this, you could sue to get that money back.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Customer: replied 9 months ago.
The landlord made me move out but did not put that in writing. The landlord didn't fine a new tenant, the landlord communicated to me that they had a new tenant but that wasn't in writing either. The landlord is suppose to be marketing the property but having a sign in the yard and having listed on her own small time company website it's likely to never rent. I don't understand why he wouldn't be listing on the major rental websites.
Expert:  Lucy, Esq. replied 9 months ago.

You can testify that the landlord said they had a new tenant. But either way, by evicting you, they're giving up their right to more rent. Your landlord had options other than to evict you for illegally subletting. He decided to make you leave. If he wanted to keep collecting rent, he needed to let you stay.

If you wind up in court, the fact that they're not advertising the place can also be used as a reason you shouldn't have to pay.

Customer: replied 9 months ago.
He is advertising but not advertising in the right areas to where he is actually going to find a tenant. This is stressful- the only thing I can do is fight for what is right. It doesn't make sense I would pay for a place I am not living in. I hope a judge will see things the same way.
Expert:  Lucy, Esq. replied 9 months ago.

He has to make the same efforts that someone who wanted to rent the place would make.

The judge should rule in your favor, because the law is on your side. Good luck.

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