<p>This is my adult daughter, and her one year lease was up July 1st, D wanted to extend her Americorp assignment for a month, so the lease was informally extended through August, THEN she got a new assignment that she needs to report to by August 1. Landlord/roomate was miffed, but seemed okay with D paying rent through July, and keeping the deposit. </p>
<p>The problem is the movers have been incredibly unreliable, not responded in a timely or consistent manner, leaving D in the house maybe ten days past what was expected, but still short of the landlords date of "the 30th. . They showed up, but could not move her on Friday, and said they were coming today, but did not. Husband and son are heading up to move her Wed, but “landlord” says they will be cleaning tomorrow, and that she plans to put my D on the street! D is saying she is paid through July, and “we’ll just see about that”, but I am beside myself. I am pretty sure this is a brave front. </p>
<p>If the landlord accepted rent for July, effectively putting them on a month-to-month lease basis, I can’t see how s/he can do anything before August 1st. I think this is probably just bluster to try to get your D to move out by any means she can.</p>
<p>Also, in some states with strong tenant rights laws like Mass or NY, if the landlord is stupid enough to actually carry that threat out before the extension period is up, your D would have sufficient grounds to sue the landlord for illegal eviction and in some cases, win triple damages. </p>
<p>One thing, did your D ask for a receipt or pay by check for that extension through July?</p>
<p>Funny you should ask! I believe the landlord has been asking for the rent as cash, but D actually paid the July rent by check, as she was short on time, and had a maximum she can withdraw per day. I THINK that was July. </p>
<p>Wait a minute, landlord here. She can’t do that. Your daughter has paid, and rent was accepted through July. She doesn’t have to be out until July 31st (unless there is some weird clause in her contract). Plus, there is no legitimate reason to keep the deposit, as nothing about the extension was in writing, correct? This is all sorts of wrong.</p>
<p>I think the landlord is just being a b… to your daughter because she is young, and probably not aggressive. I completely recommend some sort of parental intervention here, with you or Dad calling the landlord. And quote some state law to her. You can’t throw someone’s possessions out of the house even during an eviction, without the formal eviction process completed (could take several months in some states).</p>
<p>Should the landlord do ANYTHING, have your daughter take pictures, record the evidence. I think she is entitled to call the police (I’d give warning to the landlord), if she touches her stuff. Not legal.</p>
<p>WHY would she have to be out before July 31st? With an entire month paid? If it was convenient for your daughter, sure, she can move out early, but if this is mostly because the landlord wants it, she should prorate each day she’s out before the 31st, return that rent for each day to your daughter. AND the deposit, unless there is damage.</p>
<p>This is nuts and I would be furious for the intimidation.</p>
<p>I hope that lawyer letter says, “No stealing of the deposit, it must be returned,” and “pro-rate return of days in July unit not lived in due to landlord convenience,” in lawyerese.</p>
<p>Shrinkrap, in many states there are so many steps to evicting someone. In my state, they have to send the renter an official notice of eviction first, and I think it is often by certified letter or even served by a sheriff. I agree strongly with taking photos of anything this landlord attempts to do.</p>
<p>The reality is that the landlord could not get her out for weeks after August. Read the airbnb case where a tenant cannot be evicted after renting for … more than thirty days. He is NOT paying. The laws are super protective of the tenants. </p>
<p>On the other hand, do not have high hopes for the return of the deposit as the landlord has time to return it and deduct reasonable expenses. </p>
<p>Your best bet is to play dumb and NOT send legal demands. Be reasonable but firm. </p>
<p>Thanks all. Hopefully this chapter will be all done by tommorow. The added dram is that the “landlord” is also the “roomate”. Well, roomates father owns the house and they share it. It is the roomate that is the mouthpice, and I can only imagine what the last week or so has felt like. </p>
<p>D is really close to the landlords dog, which might the only thing they have in common at this point. </p>
<p>She doesn’t need to call the cops. She just needs to tell the landlord that she will call the cops if the landlord touches her stuff before her term expires.</p>
<p>and the time to take pictures, as someone suggested earlier, is now. Don’t wait until after something is missing.
What good is a picture that indicates her antique mirror vanity isn’t there? (for example)
Valuable pics begin with what is there…</p>
<p>It makes perfect sense for LL to keep the deposit. The OP told us the D’s lease was up July 1 but negotiated an agreement to stay thru August, but is now reneging and will stay only thru July. The LL would be getting 1 month less income than promised with the D moving out early.</p>
<p>Thank you all, once again. Just thougnt I would mention that if she HAS a mirror, it is from Ikea! She basically has furnished just a bedroom in a house. Her father and brother are there moving her out now, and the next step is to get the money back from the movers. They were paid in advance with a credit card ~X( </p>
<p>Shrinkrap, you can dispute the charges with the credit card co if the movers refuse to refund your money! Keep track of all correspondence with the movers as the cc could ask for a proof that you did contact them (if you call them, keep a log of when, with whom and what was discussed).</p>
<p>“It makes perfect sense for LL to keep the deposit. The OP told us the D’s lease was up July 1 but negotiated an agreement to stay thru August, but is now reneging and will stay only thru July. The LL would be getting 1 month less income than promised with the D moving out early.”</p>
<p>Absolutely not. It depends upon what the contract says. If this was an informal agreement, not in writing, there is no ability to keep the deposit. It was merely an extension of a month. If the original contract is like most, after the contract was up, it would automatically revert to a month to month agreement anyways.</p>
<p>If the daughter did not give the notice required by the contract, that would be a reason to keep the deposit. However, state laws differ. </p>
<p>The OP tells us the contract ended July 1. formal or not, the tenant stayed thru July- which was part of the negotiated extension. Now, after-the-fact, It would be mighty hard for tenant now to say there was no agreed upon extension. The LL would agrue- If there was no extension, they why did the tenant pay rent and stay beyond July 1? The fact that both parties acted just as if there was an agreed upon extension would serve as proof that both understood and accepted the extension. I know it generally takes written words to re-negotiate a written contract, but here we have an oral negotiation followed by both parties meeting the terms of the newly negotiated deal.
Remember, busdriver, according to the OP, in the re-negotiation, tenant had given notice they’d be leaving the end of August- otherwise, without an extension, the contract ended July 1. But the tenant paid rent and stayed thru July. So if the LL had notice the tenant was staying thru Aug, but they didn’t pay August, then imo that could come from sec dep.</p>
<p>If the tenant wants to argue she isn’t obligated for August, even in a month-to-month, she’d have to show she gave notice to move out (by July 31) before June 30(assuming rents due the first). If she gave notice sometime in July that she didn’t want August, that would be less than 30 days, before the next rent cycle, as they say in law. Op hasn’t been completely clear on when they gave notice to LL that tenant would stay only thru July 31.</p>