Question

So my landlord changed Management back in late October. We made the November payment to the previous Management company because we didn't get notified til Nov. 2nd via a letter in the mail. Now the new management told us to withhold payment until he verified we paid the previous rent and he would take off the "late fees" in our new account. Since then we have not received word. Last time was Dec. 18th saying they couldn't find any record of a new lease that we signed with the previous management but that we could sign a new one in January. Technically our lease was up the end of January. We still have no word from them, I have rent saved up for the past 3 months but we're looking at moving out with my in laws until summer or sooner to help save and pay off rent. So my thoughts are: -Move out and don't say a word and take my 3 months rent, granted they will be keeping our last months rent and the deposit which is the same amount. They'll technically only be out one months rent. I know they can take us to court, but will it affect our credit? -Notify them, pay them and hope we get our deposit back. Granted the apartment isn't in bad shape from us living here, the carpet took the most beating. We've been living here for close to 4 years. And I will say the apartment seems to have lots of structural problems, we believe there to be mold, rotted window frames and leaking in the roof. What would y'all do? Or have you ever broken a lease and how did it affect you? We're hoping by Summer we can get our own house so no more renting! Thanks ♥️

Answer 1

Give notice. This will effect your future chances to get a new apartment down the road. If you have a copy of your lease agreement, look at what it says for notifications. Usually 30 days. ETA: Yes, we had to break a lease due to mold, sewage smells in house and no heat. We were sued by former landlord and had to file bankruptcy. Don't break the lease! Not worth the money spent on lawyers!  

Answer 2

I broke one lease and had to pay a $1300 lease break fee. They sent that fee to collections immediately. Fortunately the collection agency didn’t report to my credit because I communicated with them but it could have gone another way. Give notice. Get out. Good luck  

Answer 3

Rugs should be replaced between you and the next tenant anyway. That’s normal wear and tear. They should not take that out of your security deposit

Comments

@qumran5742 that’s not necessarily true. My bff is a property manager. They put in 10 year carpet. It it’s new when you move in and in bad condition when you move out and the 10 years is not up, you are responsible for new carpet. But every state is different and every lease is different. So check your state laws and your lease.  

Answer 4

Get in contact with your landlord and give proper notice.  

Answer 5

Rental history stays a LONG time on your credit, so I wouldn’t do anything shady in case you need to get your own place again!  

Comments

@adjustment they don't actually report it to your credit, I believe only if you break the lease that can charge you for the fees and send it to collections which could end up hurting your credit.  

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I’m not sure how they report, but recently I was searching for a new rental, and every place I went said they go back 7-10 years for any negative rental history. So breaking a lease or any unpaid monies. Just be careful is all I’m saying

Answer 6

I just want to say I don’t know anyone who has ever gotten their deposit back lol

Comments

@peonir8 we had every intention of replacing everything, bought the patch kit and had extra paint to cover the hole and was about to order the fridge drawer but she didnt want us to worry about it

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@housebound I’ve never not gotten a rental deposit back either BUT when we rented out our own home (it was huge and considered an “executive rental”) we did have to keep a portion of the deposit ($1300 out of $2600) because our tenants had a huge dog without telling us and they damaged all of our landscaping in the backyard to put down a layer of rocks for the dog to pee on. The entire lawn was killed from the pee and then there were uneven strips of rocks and gravel all over the place for it to pee on as well. They even ripped out our trees. They were lawyers so we were scared and didn’t know what to do. In the end we bought new sod and redid all the landscaping ourselves so that we didn’t have to use all of their deposit. but we had no option but to have them purchase the sod. Our savings grace was that we kept meticulous notes and photographs and video proof of everything and sent all of it registered mail to them so there was no denying the reason for keeping that portion and to prove to them we were being extremely fair by not judging hiring a company to do the landscaping (it involved us travelling 10 hours every weekend for the entire summer so looking back that’s probably what we should have done ). Anyway OP - regardless of whether you’re the renter or the landlord, keeping meticulous records is what protects you.  

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@housebound we rent out the studio above our house. We've had 4 renters before our current one. The first one didn't get anything back (didn't pay last months rent, left trash and moldy food all over when he moved out, and a broken down car. ) The other 3 got everything back, even pet deposits.  

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Okay y’all! That’s great! I just don’t know anyone who has gotten one back! I’m glad y’all did  

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@housebound lmao EVER  

Answer 7

I have always gotten my deposits back and good references from every landlord. Notify your landlord in writing of your notice to move. Include with it proof of your payment for Nov rent and include payment for Dec and January. Send it certified mail. Leave your residence as clean as you possibly can. Carpets should be covered by the number of years you were there. Always take pictures of the condition your apartment was in when you move in and out.  

Comments

And also reference per your request for me not to make rental payment until you transitioned from the old company to the new.  

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@galvano since February already started, tell them they can keep the last month’s rent already paid but that you are expecting your deposit back. Give your move out date, forwarding address, and send it certified.  

Answer 8

When management changes you tend to have x amount of time to leave without breaking the lease. Check your state laws on that. Also you’ve lived there for 4 years and you should have on your lease the last time they changed it. I believe carpets is every six years or so but it should say on your lease. Depending on when the last time was, they can’t charge you for certain damages.  

Answer 9

I appreciate everyone's input! Here's another deal, our lease was up in January but we haven't heard from them about renewal. Although technically we are month to month. If we move out by the end of February, we don't owe March correct?  

Comments

@uredium as long as you give at least 30 days notice in writing. If you give no notice, some state laws may give them the right to charge you rent until they find another tenant to move in if you fail to give notice.  

Answer 10

They only have the original lease that we signed in 2016 that was until 2018 after that they don't have record of another lease agreement  

Comments

@uredium you’re in a good position. Send your notice via certified mail and move on. * take photos and do a video walk through

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Awesome thank you so much for your input!  

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It also depends on your state - In Minnesota, if there is not signed lease, I believe there's statutes that place you under a general month to month agreement. So, if your state is the same (they are all different) then you might be on the 30 day notice. Also, check your actual lease closely. My current lease is for 12 months, but then after that it states that we more to a 30 day notice. ALSO - on the notice, be sure you understand if it's 30 days actual - meaning if you give notice today you'd be free around march 4th - or 30 days prior to the 1st - meaning that if you give your notice today you would still owe for March because you're less than 30 days from 3/1 (assuming that's your rent due date).  

Answer 11

Thank you everyone, i'll get in contact with my landlord/management!  

Answer 12

You create your own Karma.  

Answer 13

Why not bring them a copy of your lease along with your move out notice?  

Answer 14

Realtor here: i would take a copy of your lease to them and see what the fine print is on breaking the lease. I would start looking for a house now and also looking for a lender as well. I posted this information on another post in this group this morning and will share with you as well. I recommend these following inspections: home, sewer, pest, & radon. You’re gonna need about $1000 saved up for those four depending on what they charge in your area. If you write an offer, please make sure you get a home warranty added if not already and paid for by the seller. Also have the seller help with paying closing/prepaids/loan costs. Shop around for the best insurance for the home. Shop around on mortgage as well. Do not settle for just one please. A lot do this and then get suckered into paying for stuff that’s higher than other places. You will have to pay upfront for credit check and for the appraisal fee as well after you choose which lender you go with. Be at all inspections and ask questions. Make sure you get the sellers disclosure report that ALL sellers have to provide. The only time there isn’t one is when the person who owns the home never lived there. Make sure you get the best interest rates as possible. Do not I repeat do not buy a fixer upper that will end up being a money pit unless you have the means to do so. Also the earnest money you will have to pay up front when you submit an offer. Get really that’s about $1000. Sellers will know that you’re serious when you have that amount. Get a fixed rate on your mortgage. I don’t know what else I’m missing here but if you have questions ask me. Yes your agent will make money, but as a buyers agent, we do not get paid until closing. And please don’t pass up the inspections or the warranty. It will save you in the long run. And one more thing: please drive two to five streets away and around the house you are considering. Just to make sure you really want to be in that neighborhood. I forgot about that.  

Comments

@plunkett Marie Halsey I wasn’t tying to make anyone mad. I don’t mind giving out info for anyone. It’s free for all to take and use as they need. I’m really sorry. It’s awful for someone to be in a pickle and just seeking options/opinions/guidance and they have to happen. I did read what she did say before I could say anything back when she blocked me. It’s okay.  

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@plunkett Marie Halsey lol yes. even the op should have all the tips and direction no matter how long it takes before she can move out. Just preparing mentally is enough already and then when money is involved, holy moses that’s a sticker shock. No surprises and don’t want anyone to have surprises. It happens occasionally but rarely. I hate being short on money when it comes to house hunting and would rather everyone have an idea so the sticker shock isn’t so much a shock.  

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@vespers/activity" class="qa-user-link">vespers thank you @vespers/activity" class="qa-user-link">vespers

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Thank you ladies I seem to have missed the drama but @impure8 I truly appreciate the input and like @vespers and @plunkett Marie Halsey said it's information I should know and not be shocked when it happens. Everyone seems to make buying a house so easy but it still costs apart from the DP so I appreciate the information ♥️♥️♥️

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@uredium you are so welcome. It’s information for you and to all who wants to make that big decision on buying a house

Answer 15

If you are month to month you just have to give a 30 day notice in writing  

Answer 16

May be difficult to sue you if there they can’t find the lease

Answer 17

You didn’t get copy of lease? Do you have copy for any time frame? Keep bugging old company to give you copy. In MN after dates expire on written lease it goes to a month to month lease same terms. Does state have some type of organizations to help renters? Go to owner of old agency doesn’t supply lease

Comments

@photo2144 I have a copy of the original lease that went from 2016-2018 and in 2019 we signed a new one for a year again that expired Jan 2020 and that's the one they can't find with the previous Management company.  

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We also can't find a copy of it either so they're just going by the original  it's honestly all a little strange for me.  

Answer 18

I'd just move

Answer 19

This happened to me! I had a feeling that the new people were up to something, so I cancelled the last rent payment. They reach out to find out why the payment hadn’t posted. I was honest with them. They told me they didn’t have record of my security deposit, so they were unable to return it. Very happy with the decision I made not to pay the last months rent.