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I wish to understand how to best navigate out of my current…

Good day. I wish to...
Good day. I wish to understand how to best navigate out of my current lease which ends 12/31/17 After asking if a new move out date is possible, my landlord has offered that I may move out sooner so long as a new tenant is signed to a lease and wishes to move in to match my move out date. In addition, the landlord requires that any repairs be made after my vacating and before the new tenant occupancy. When I requested to communicate with the new tenant directly, she replied say i have no rights or responsibilities to connect with the new tenants.Prior to my moving in, she did allow me to a) connect with the soon to be former tenant over giving and selling some personal items around her move out time and b) continued to make repairs for damage caused by the former tenant after I had moved in.It's been a confusing conversation to keep straight and honest, given her answers, despite being entirely through email. I can attach the thred and lease if needed. Please advise.
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Answered in 1 hour by:
12/4/2017
barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,609
Experience: Attorney over 17 years, landlord 26 years
Verified

Hello again,

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Are you saying that your current lease ends in less than a month? (you stated 12/31/17)

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Have you already paid December rent?

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thanks

Barrister

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Customer reply replied 7 months ago
I have paid December rent. The landlord said i could be refunded depending on when the apt is ready and the new tenant moves in - though it seems odd - the current lease ends 12/31/17 but she is open to a move out/ move in of 12/13 and refunding a prorate depending on repairs and cleaning

Ok, here is the thing... you can move out early if you wanted to, but the landlord has no legal duty to do anything at all to try to rent the place early... He may be nice and try to do so, but he may just sit back and let it sit empty until Dec 31 and then try to rent it. A smart landlord would work to get a new tenant as quickly as possible after you moved out and would be happy to refund you a prorated amount if they got it rented sometime in Dec...

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But the sooner you move out, the quicker the landlord can get in, fix anything, clean if necessary and then get it on the market.

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So I agree that if you can vacate early, that is best for all parties involved as it could end up with you getting a refund of prorated rent if the landlord can get a new tenant signed up early..

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thanks

Barrister

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Customer reply replied 7 months ago
I understand - however my concern is that her indications with this up coming tenant switch doesnt reflect her previous pattern. Though she says that i can move out early and will be refunded if the new tenant (already signed lease begining jan 1) can move in just after me, but after cleaning and repairs are done. the "cleaning and repairs" seem to be a point for which she is holding over my Dec rent as a second deposit and potentially trying to keep as much of my security deposit... at this point moving out early is not necessary cheaper for me, its a gamble depending on what she decides on with ''repairs"
Customer reply replied 7 months ago
an additional concern is that she may be stringent with regards ***** ***** repairs are made. she allowed her previous tenant to choose and conduct repairs during my tenancy, which motivates me to pursue such after my tenancy ends. however can she restrict how i choose to repair if needed? am concerned she will pursue a more expensive remedy at my cost.

at this point moving out early is not necessary cheaper for me, its a gamble depending on what she decides on with ''repairs"

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Then you would just stay until the end of the lease... You are already paid up so it won't cost you anything more if you didn't want to move out and gamble that the new tenant would move in early.

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however can she restrict how i choose to repair if needed? am concerned she will pursue a more expensive remedy at my cost.

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if there are damages, you have to have them fixed to return the property in the same condition you received it in. Or the landlord can have repairs done after you move out. But the law only says the landlord has to make repairs after you vacate unless you agree otherwise.

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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 title 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

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Hello again,
.
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

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Customer reply replied 7 months ago
My landlord is requesting to have a professional view the floors of my unit, as she has scheduled him to view and prepare an estimate for her other unit.Given this is less than 24 hrs away I don’t feel it’s necessary and that her choosing and assuming damage is present for which I’m responsible is not within the terms of the lease...Can I request photos of the unit taken before I moved in?

If it is less than 24 hours notice, you can refuse entry.

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Can I request photos of the unit taken before I moved in?

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Sure, but the landlord has no duty to provide them to you. You should have taken your own photos when you moved in to document its condition to prevent any improper damage claim.

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But if the landlord tried to charge you for something you didn't do, you can sue them and then the landlord has to prove that you are liable.

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Please take a moment to rate my service as that is the only way I am compensated for my work.

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thanks much

Barrister

barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 42,609
Experience: Attorney over 17 years, landlord 26 years
Verified
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