Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

I had a tenant who had a years lease. After 6 months they…

Customer Question
I had a tenant who...
I had a tenant who had a years lease. After 6 months they cancelled the lease saying they couldn't afford it, she was pregnant, and her husband had to be closer to his job. They gave me a 3 month notice but they were vauge. It was the end of December , then January 1, then finally January 17.
When they applied for the house, I reduced the rent from $1585 to $1425, held the house for one month free and provided a home warranty. All the reasons above were lies. They purchased a "New Home for $186,000.
I allowed them to advertise the house and they sent me one person who was not financially qualified and suggestion of others but no other applications. I did have one couple but they didn't want to pay the deposit, so that was a no no.
My questions is this: Can I take them to small claims court for the month that I held the house for them, damages in the house and the rent difference I will be getting form the rental? Not being able to find a family to rent the house to and not being able to pay my house note as well, I advertised my bedrooms for rent to graduate and seniors at William and Mary college. At present, I have 2 rooms rented that are co-signed by a professor at the college @ $550 per room. The house was advertised at $1585.
My claim would be $485 for , Feb, March and April=$1395
The month of April 2015 (house held) $1585 orginial price
Scrub replacement $450
Fence repair $125
Discarding of Brass Hardware/labor $280
Unorthorzied painting in home ??
This equals approx $3835
In giving notice, they gave me the deposit of $1000 and said to keep it for breaking the lease
They signed the Lease in March , 2015, rec'd the deposit on April 10 and took possession on May 1, 2015.
The lease ran from May 1, thru April 2016. They moved out on January 17, 2016
They purchased a "New" Home in West Point, VA for $186,000.
Can I claim the above as "damages".
Thank you for your response. Would you respond to *******@***.*** Thank you.
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 1 minute by:
1/23/2016
Lawyer: Loren, Lawyer replied 2 years ago
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 37,936
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified

Good day. I am Loren, a licensed attorney, and I look forward to assisting you today.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 2 years ago

Did you release them in writing from the lease?

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
No, I did not. I did gave them permission to find another tenant at the original rental price of $1585. They did not have much luck.
Customer reply replied 2 years ago
I also held the property for a full month, with out rent. The lease was signed March 13, 2015 and they moved in on May 1, 2015. The Lease was to end on April 31, 2016.Can I go to Small claims court and request the rent from March, the items destroyed, unapproved painting and the difference between renting the rooms and what I would have received, if the house had been rented.I've rented 2 rooms at $550 to Graduate student attending William and Mary College as of February 1. I'm 79 years old and I can not afford to pay my own rent and my property as well, which is $1486. I live in a senior facility.
Lawyer: Loren, Lawyer replied 2 years ago

Thank you for the additional information.

Your tenants remain liable to you for the difference between the rent you are collecting and the rent they promised to pay.

In other words, they are liable for rent until the lease expires but they are credited for any partial rent which mitigates your damages.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 2 years ago

Additionally, they are, of course, liable for damages to the premises which exceed reasonable wear and tear.

You can sue for any damages in excess of the security deposit.

Ask Your Own Landlord-Tenant Question
Lawyer: Loren, Lawyer replied 2 years ago

Did you have further questions? Have I answered your question?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
46 Satisfied Customers
Experience: Landlord-Tenant Law Expert

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,949 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,112 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,278 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My lease agreement clearly states that if an animal on their
My lease agreement clearly states that if an animal on their property becomes a nuisance to other residents that they will take action to remove the animal or evict the tenant. This has been an ongoin… read more
Jessica B
Jessica B
Juris Doctor
1,083 satisfied customers
I'm back again. If the city condemns the house does that
I'm back again. If the city condemns the house does that permanently stay on record even if I demo the house? The property's value is in the land to build up to 24 units. Does it really matter if the … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers
My friend lives in VA andis in a month to month rent without
My friend lives in VA andis in a month to month rent without a lease. He's paid up for this month. His power was shut off Monday morning and his landlord said he has until tomorrow to get everything o… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
I rent my house to a temporary housing company for about
I rent my house to a temporary housing company for about four months. The company placed a family in my house whose house got burned and needs a short term place to stay. I believe their insurance com… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I had someone live with me for almost 2 months and we had a
I had someone live with me for almost 2 months and we had a verbal agreement that he would pay me rent for that month. He only paid 300 of the agreed upon 1300 not including utilities and I have in te… read more
Andrew
Andrew
Attorney
Juris Doctorate
337 satisfied customers
My landlord is only refunding me $300 out of a $1,400
My landlord is only refunding me $300 out of a $1,400 deposit ... she said she had to get the furnace fixed and serviced because we didn't change furnace filters and she also said that because we didn… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,753 satisfied customers
Recently I put a security deposit down on a new apartment in
Recently I put a security deposit down on a new apartment in wisconsin for my residence to begin June 1st. However, I did not sign a lease or any other documentation. I was later offered a better job elsewhere, causing me to have to cancel my plans to move into the residence. They are now withholding my security deposit. Though email correspondence, we came to an agreement that if the residence was able to be rented by June 1st, I would receive my security deposit back in full. If the residence was able to be rented for a portion of June, I would receive a portion of my security deposit back reflective of the time the unit remained vacant. I felt that was a fair compromise since I did not leave them with much time to find another tenant. However, it has now been about 48 hours since we have come to that agreement and the unit is not listed as available on their website, or any other rental property advertising platform that I can find. Do I have any legal leverage to get my deposit returned if the leasing agency is not making an effort to rent the unit? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
My tenant has been asking me since last year if i want to
my tenant has been asking me since last year if i want to sell my property to her. she even removed a beautiful tree that i allowed her to remove because she said she will buy the property. and we cam… read more
Lori
Lori
Juris Doctor
1,369 satisfied customers
My apartment flooded with about 6 inches of water. Damages
My apartment flooded with about 6 inches of water. Damages were caused and I do not feel safe living in the unit anymore because of another flood or mold in the walls. Do I have the right to break the… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
I am looking for someone who is familiar with Colorado
I am looking for someone who is familiar with Colorado landlord/tenant law. I recently signed a lease for an apartment and provided a check for first month rent and a deposit. She gave us two sets of … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,591 satisfied customers
For the past 2 months my apartment has had a leak in the
For the past 2 months my apartment has had a leak in the roof because of the air conditioning unit and it's created a hole which water is leaking from we haven't been able to use their air conditionin… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,753 satisfied customers
I received an eviction notice on my door several days after
I received an eviction notice on my door several days after I paid my rent when I went to the leasing office to ask the manager why there was an eviction notice on my door she said there was a balance… read more
Ray
Ray
Lawyer
Doctoral Degree
32,639 satisfied customers
My landlord is refusing to renew my lease after 5 years, but
Hi- My landlord is refusing to renew my lease after 5 years, but has given me only two weeks notice. Do I have any rights to remain in the apartment? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,892 satisfied customers
How do you get help for a person staying in your home who
how do you get help for a person staying in your home who appears to be having mental problems that refuse to do the things normal people do to support and take care of themselves they seem to be in a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in a rent controlled building and my rent recently
I live in a rent controlled building and my rent recently went up to $2,422. I am retired, 78 years old and do I understand correctly that when my rent goes up to approx. $2700, the apartment will be … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
My mom passed on wednesday. she was lease holder and i
My mom passed on wednesday. she was lease holder and i listed as occupant with lease till end of June. landlord learned of her passing and just told me they have right to throw me out and lock the doo… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Can a tenant be evicted because of a racial to the landlord?
Can a tenant be evicted because of a racial to the landlord? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
My rent is being increased $270.00 a month by new management
My rent is being increased $270.00 a month by new management company. Is this legal? I am on fixed income, a retiree, so I cannot afford this. … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,949 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x