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I'm moving out of the place were renting this will cause us…

Customer Question
I'm moving out of...

I'm moving out of the place were renting this will cause us to breake the lease 7month in advance . How dose that work the deposit is 975 and we had to pay deposit 1000 per dog

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

We are in veneta Oregon sorry I didn't include that

Lawyer's Assistant: Has any paperwork been filed?

No our move out date will be the 10th of this month

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I believe that is all

Submitted: 7 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/5/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience. So when you are breaking a lease, then you are going to usually have to opay for the remaining months on the lease unless the landlord allows you to avoid paying that remaining rent. Whatever the case, then there's the issue of the deposits. The deposits are going to be refunded or not refunded similar to if you ended the lease at the time it was supposed to originally end. The landlord will assess the damage done by you and your pets and then return whatever amount that was not needed to pay for cleaning and repairs. Thus, if you paid $2,975, anything left over from the deposit for reasonable cleaning and repairs will go back to you.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 7 months ago
they can even keep my pet dposit
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

They can, but only if there is damage or cleaning to justify keeping it. Since you were only there a short time, it is not likely that they will be able to keep the entire thing. They should be returning most of it. Make sense?

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Customer reply replied 7 months ago
is cleaning for the pets or the rent
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Well, your deposits (both your 975 deposit and your pet deposit) are all inclusive. So, if the landlord determines that you had about $500 worth of damages, they'll take that out of the overall $2,975 and give you the remaining $2,275.

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Customer reply replied 7 months ago
It saysthat there will a $35cleaning and repairs needed so how do we really know how many hours the used if all the repairs are done in house by theirown "maintenance"person
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Sadly, there's no way to know 100% for sure how much time they actually spent. If the fees they charge are out of this world, (e.g. $10,000) to clean, then you'll have an indication that they are acting fraudulently and you may be able to sue for your entire deposit; however, one of the ways that you can keep them honest is to speak with professional cleaning agencies to find out how long it would take them to clean a place your size so you can measure it against how long they say it took. If it's unreasonable, then you can always go to small claims court to get your $.

What other questions did you have for me?

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Customer reply replied 7 months ago
They also turn my lease into month to month there is a biger $ amount for that it will go from 975 to 1100 can they do that per veneta rent laws the country is lane
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Generally, if you have a lease, they cannot turn it into a month to month unless you agree to turn it into a month to month.

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Customer reply replied 7 months ago
The house was all remodeled when we moved in we were the 1st to live here and I take wery good of my house
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

I can certainly understand. This is a common issue between renters and landlords. You should be sure to take pictures, get it as clean as possible yourself, clean the carpets, patch holes in the wall, and maybe even hire a professional cleaner to help you out as well. Doing this will help ensure that you get your deposit back. Did you have any other questions for me?

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Customer reply replied 7 months ago
The box was all ready marked before we signed all we go to do is sign on the line
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hi, what box are you talking about?

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Customer reply replied 7 months ago
The person that gave me the agreement took picturesas we wrer looking over the space and all the boxes thatare in the landlords favor.like it states in one box the terms of the lease the reason we are braking the lease to began with that are the people that live next door call about everything youdo there visitors smoke and thereis no smoking on the property but they do my husband all so smokes he smokes on the street they said he did so we were violatedfor it because one of the managers happen to stop by
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Ok, I think I see what you mean. Thank you for providing that Well, regardless of the reason for the change, the landlord still has to abide by the law that only allows him to charge reasonable cleaning fees. Anything above and beyond that may result in liability legally for him. Did you have any other questions for me today?

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Customer reply replied 7 months ago
Sothey can't change form a lease to month to month and how long do we have can we stay here untill we are servedthe paperwork or less
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Well, they can change it to a month to month, but only if you agree to change it to a month to month. Technically, you do not have to go anywhere until they sue you in court, win, get a court order, and have a judge set a date.

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Customer reply replied 7 months ago
Then what is a 10 day 30day notice
Customer reply replied 7 months ago
What is a 10 day or a 30day notice mean
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Usually, that means that they are evicting you for some reason. Month to month tenants can be evicted with at least 30 day notice in most jurisdictions for no reason or any reason at all, so long as it is in writing.

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Customer reply replied 7 months ago
Sohow long does that mean if we go a head and break the lease we have already found a new place to live I just need the time to move out
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

It means that you have 30 days to leave, but if you leave before hand, then you won't be violating the contract. You just have to be out by the end of that 30 days.

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Customer reply replied 7 months ago
How would that work in our case in the information I just asked
Customer reply replied 7 months ago
Whatabout the 10 day is that the same case I haven't given notice yet the last day you could pay your rent on time would be considered today I will be giving notice tomorrow by hand and certified mail
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Well,, because I can't see the notice that you're talking about, I can't exactly comment on it, unfortunately. I'm having trouble making sense of what the landlord provided you.

Regardless, so, if you left the property before the 30 days, then there's nothing you need to worry about. At the end of the 30 days, the landlord will go into the premises, check to see what the cleaning/repairs are needed, make necessary repairs and cleaning, and then return to you the amount of the deposit that they didn't use to finish those things up.

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Customer reply replied 7 months ago
The notice is a pay or vacant
Customer reply replied 7 months ago
I'm sorry it is pay or quite
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see. So, it sounds like they may have just given you a template, but I'm not sure. If you have been given this kind of notice, you have three options:'

1. Pay

2. Vacate

3. Stay and wait for them to sue to get a court order.

It sounds like you're willing to vacate. This means that you may still owe for the past due rent; however, if you're on a month to month agreement, then you won't owe for any rent for the days after the end of the rental period. Does that make sense?

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Customer reply replied 7 months ago
when I break the lease Iknow I will owe the money but if we get a noticelike you mention above how dose that work
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Well, if you get an eviction notice like mentioned above, then the only recourse that a landlord has to:

1. Wait for the person top ay

2. Wait for the person to move out

4. Sue in court if the person doesn't move out by the time they asked them to move.

So, their options are aligned with yours.

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Customer reply replied 7 months ago
On the lease move out before the lease is up I'm willing to pay the rent owed but not befor I break the lease
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

I see. What other questions did you have for me?

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Customer reply replied 7 months ago
we would have the 10 days or the30 depending on if we get notice and is the way I'm in forming the the way it should be done
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

That's correct! You got it. Did you have any other questions from me?

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Customer reply replied 7 months ago
if I get notice because I'm on the lease they have to wait for me to pay the remander of my leases be for I have to move
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

Correct.

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Customer reply replied 7 months ago
Or is it the 10-30 how dose a lock out work
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

They can't lock you out until they get a court order. Otherwise, it's illegal.

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Customer reply replied 7 months ago
Thank you that is
Real Estate Lawyer: Legal Eagle, Lawyer replied 7 months ago

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