How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33708
Experience:  15 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I live in Alabama and leased the apartment months with the

Customer Question

I live in Alabama and leased the apartment for 12 months with the buyout option of $1100 after completing 5 months renting. I dropped off my rent using western union money orders and later that day a note was placed on my door about the payment was not received. I took them my money order receipts and the manager said one of the money orders was missing so we called the number on the back of the receipt and was told it had not been cashed. At the time my rent was late and did not want o incur any more late fees so I purchased another money order to satisfy my balance. I did not know in order for me to stop payment or get a refund for the money order i had to pay $15. A few days later i get another note on my door that one of the other money orders was declined payment from their bank. So i got upset submitted a 30 day notice and moved out. My security deposit is $275 and they said I have a balance of about $1500, the prorated rent amount + the buyout lease amount. Do I still have to pay?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

.

Did your written lease give you any option to submit a 30 day notice to terminate the lease?

.

If not, then you just breached the lease and moved, correct?

.

Did you agree to pay the $1100 buyout fee?

.

.

thanks

Barrister

Customer: replied 8 months ago.
my lease gave me the option to submit the 30 day notice to terminate, I did not sign the buyout agreement they gave me after i gave the notice.
Expert:  Barrister replied 8 months ago.

Ok, just to be clear here... Did the lease say "You give us a 30 day written notice and 1100 and you can buy out of the remainder of your lease"?

Customer: replied 8 months ago.
Expert:  Barrister replied 8 months ago.

Ok, if you didn't sign the buyout agreement, then you simply breached the contract. What that means is that legally the landlord has to try and mitigate his damages by attempting to re-rent as soon as he can. It does not mean that you have to pay the $1100. That only applies if you have accepted their offer to release you from the lease amicably.

.

You broke the lease so they have to try to find a new tenant and can only charge you for any lost rent until they do so. So if it takes them a month or two to re-rent, that is all they can charge you for.

.

As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

.

.

thanks

Barrister

Customer: replied 8 months ago.
Im worried about my credit, they said i could work out a payment plan. But since i think someone at the leasing office may me stealing, how do my protect my credit?
Customer: replied 8 months ago.
10 March 2016 04:35
Im worried about my credit, they said i could work out a payment plan. But since i think someone at the leasing office may me stealing, how do my protect my credit?
Expert:  Barrister replied 8 months ago.

how do my protect my credit?

.

It won't affect your credit if you pay what is owed or work out a payment plan with them as soon as they re-rent the property.

.

If you wanted to cap your expense, you could agree to the $1100 and then you would know exactly how much you would have to pay.

.

But if your rent is less than $550 a month, then it is likely that they would rent it within 2 months so it could be less.

.

If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

.

thanks

Barrister

Related Real Estate Law Questions