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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 38156
Experience:  Attorney over 16 years, landlord 26 years
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I rented out a room to a gentleman who agreed to lease a

Customer Question

Hi
I rented out a room to a gentleman who agreed to lease a room for a year. He agreed on a simple email to the lease. He verbally agreed to give me 30 days notice at the end of the lease. After one month he said he wanted to break the lease and he would pay for August in cash, and we work out the deposit. He also left his TV and said I could keep it until he sold it or buy it from him.
He owed me $20 for a cable bill and he said
he would pay it in Aug3.
The reason he agreed to August rent was he had not given me 30 days notice and had broken the lease.So today he said he was not going to write me a check for the August rent as promised-$650
and I could apply his $650 deposit for the rent.I asked him to agree to pay by check so I meet mortgage- I also volunteered to give him
back his $650 when I got payment from a new renter on Aug 20.What are my rights as landlord and my obligations and his rights and obligations.
Mindy Bergman
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 2 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.

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If there is nothing in writing, then if the person disputes that he agreed to a year to year lease, then legally he would be considered a month to month tenant and either party could terminate with a 30 day written notice to terminate.

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If the person moves out some time in July, then they are legally liable for August rent and that would be it. If they don't pay Aug rent when due, they are in breach of contract and if you haven't been able to rent the property for August, you can deduct the rent from their deposit if you can't rent it for the entire month.

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But if you got a new tenant in August, you would owe him a refund of any prorated rent for that month if you deducted it from his deposit.. So if you apply his deposit to the rent for Aug and you get a new tenant on the 20th, then you would owe him a refund for the remaining 11 days of August.

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You are only entitled to your actual damages in the event of a breach.. So only lost rent, cleaning costs, actual damages, and any late fees can be deducted from the deposit..

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

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thanks

Barrister

Customer: replied 2 months ago.
Thank you I greatly appreciate it.
Mindy
Expert:  barristerinky replied 2 months ago.

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the caption and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Expert:  barristerinky replied 2 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister