Landlords, leases' and DAUGHTERS
My Daughter, who lives in Utah called me last night with a problem. She has been evicted from her apartment. She rents an apartment in a large complex from a Holding Company. She was evicted for getting a dog. She knowingly violated her lease, which expired in June, in the hope that by the time the Holding Company caught up with her it would be May and time to leave. Well, the Holding Company was right on the ball and within weeks of getting the dog she received her eviction notice to be out by March 1st. She found another apartment and was out byt the date she was supposed to be. Now the landlord is billing her for 4 months rent (the remainder of the lease). According to my daughter the lease does not address who is responsible for the rent in the event of eviction. I do not approve of what my daughter did, she was wrong and should have been evicted. But my question is since she was told to move by the landlord do you think she is legally responsible to pay the rent for the remainder of the lease? I'm a bit on the fence about this, I think she was wrong to do what she did but 4 months rent is a lot of money for a college student. This is also a huge apartment complex with people moving in and out all the time and I suspect the Company will soon have the aparment rented. I suggested she contact legal aid for advice but I also wonder if she has a moral/ethical obligation to pay the balance of the lease. Thoughts? |
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| Wouldn't there be something in the lease contract about
paying rent up to full at the end of the lease? I would think that was covered somewhere, otherwise they may not be able to collect it. She needs to go over her papers with a keen eye, or have someone else do it before she takes any action. This may turn out to be a very hard lesson for her. I feel for her. Shellie |
| They are not entitled to the rent, period. They evicted her. If they allowed her to stay, they would be entitled.
If they evicted her with less than 30 days notcie, they MIGHT have a claim for 30 days rent, but I doubt it. They had 30 days to re-rent the apartment. |
| I'm pretty sure Ron is right.... 30 days tops, and even that is iffy since she was evicted. |
| And they definitely aren't allowed to charge her 4 months rent, then re-rent the apartment. Your daughter needs to get ahold of the Renter's Rights document in Utah, that will help define what the landlord can and can't do. |
| AHHH, good idea!! |
| I asked my brother, who's a lawyer, and he said that in a general way, she's responsible for the remaining rent until they find a new tenant...but, if for some reason that person get evicted before her original lease time is up, she's still responsible for the remaining time, so theoretically she could have a January-January lease...get evicted in August and owe money for the rest of the year, the find a tenant in September, you daughter stops having to pay, but if that person gets evicted in November, your daughter would still technically have to pay the next 2 months (as would the other evicted person).
My brother also said to contact her state's legal people and like Sue said, the rental rules for the state, as they can vary. Oh, and Ginny, did you really think that children EVER get situated!! Especially in college!?!  That's what college is for...living on our own and messing up and needing help from mom and dad! |
barney1 wrote: Oh, and Ginny, did you really think that children EVER get situated!! Especially in college!?!
That's what college is for...living on our own and messing up and needing help from mom and dad! Hope springs ETERNAL!!!!!
I told her to call the number for legal Aide, found the tenant/landlord number FOR her. But I was afraid she was going to have to pay. When she let the dog come live with her (boyfriends dog) I told her she was creating a problem for herself and not to do it. But who ever listens to their Mother!!!!!!!!!!!! Moms are just there to write the checks when all else fails. |
| She is responsible for the rent until the landlord finds a new tenant. It is the landlord's responsibility to find a new tenant and he must actually put forth effort to do so. |
Lil Walty wrote: She is responsible for the rent until the landlord finds a new tenant. It is the landlord's responsibility to find a new tenant and he must actually put forth effort to do so.
Yup, I asked my mom who is an attorney and she said the same thing...but she also prefaced it with ...it is your daughters responsiblity to see that the apt has been re rented...ie just check up every now and then at the apt and with the landlord..otherwise the landlord may still try to milk her for the four months rent...its been done before..... |
I've seen that happen a billion times in college and the question come up on boards (w/lots of lawyers). I hear there ARE ways out of it, but they have always been responsible for the rest of the rent. 
sorry to hear this happened. i got my maltese with the same thought process. I was willing to accept the responsibility of getting busted, and had a backup place for my dog as a worse case scenario. I don't think I had that much time left on my lease though ...such a long time ago. I'm going to GUESS a 2wks to a month? |
Of course you all know what "she" being responsible for the rent means  Good Old Mom will pay it to keep her Credit clean!!!!!!!!!!!
Oy Vey!!!!!!! |
Darcy wrote: Lil Walty wrote: She is responsible for the rent until the landlord finds a new tenant. It is the landlord's responsibility to find a new tenant and he must actually put forth effort to do so. Yup, I asked my mom who is an attorney and she said the same thing...but she also prefaced it with ...it is your daughters responsiblity to see that the apt has been re rented...ie just check up every now and then at the apt and with the landlord..otherwise the landlord may still try to milk her for the four months rent...its been done before..... Or even ask around herself to try to get someone in that space so she isn't responsible for any more than she has to be. Quote: I hear there ARE ways out of it, but they have always been responsible for the rest of the rent.
Yeah, it's called obeying the rules. Makes things a lot easier in the long run! |
ButtersStotch wrote: Yeah, it's called obeying the rules. Makes things a lot easier in the long run!
Unfortunately the 22 year olds perpective of "obeying the rules' translates into STRETCHING them as far as you can and if you get caught, so what |
Tasker's Mom wrote: ButtersStotch wrote: Yeah, it's called obeying the rules. Makes things a lot easier in the long run! Unfortunately the 22 year olds perpective of "obeying the rules' translates into STRETCHING them as far as you can and if you get caught, so what SO TRUE
Poor mom! |
| Have her check the lease.
We moved to a new state and rented a house for a year. Three months into the lease, we were transferred again. We fully expected to get stuck with the rent for the rest of the contract, but the lease was poorly written and only specified that we had to give 30 days notice and pay the rent for those 30 days. No penalty, no responsibility for the remainder of the lease.  I'll bet that guy invested in a visit with an attorney after that. We were just lucky that my husband's golf partner was an attorney. |
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