(Closed) Leaving a rental house: Questions

posted 3 years ago in Home
Post # 2
Member
2438 posts
Buzzing bee
  • Wedding: August 2017

Maybe ask the realtor you used when you bought the house? I’d be inclined to take everything that’s mine (including the shelves) and see what happens. I think courtesy cleaning the house as you would when leaving a rental is customary. I wouldn’t repaint though, since there’s a chance the new buyers are planning to paint anyway. Do you know the closing date for the sale? If it were to close within your notice, I think you might be able to get some rent back. But I’m no expert, I’d ask your realtor.

 

also to add, the inconveniences of showing people would have happened regardless of whether they were going to rerent or sell, so I wouldn’t use that as the argument.

Post # 3
Member
6394 posts
Bee Keeper

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whitemochi622 :  I would look over your contract very carefully.  From what you said it sounds like you would get your deposit back if you left the shelves.  Now it sounds like you  want to take them down and take them with you which I don’t see why you can’t, but you might not be able to get that deposit back.

As for a favor, I don’t think they’d see it as such.  Many people show their house while they’re still living in it.  So the owners might not have seen it as such.  Legally I have no idea what you can do. Maybe contact a lawyer and get their perspective.

Post # 5
Member
9391 posts
Buzzing Beekeeper
  • Wedding: July 2016

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whitemochi622 : They cannot negotiate your stuff, no.  Just like I can’t sell your stuff… it’s just not mine to sell. This much is probably true no matter where you live.

If you do take the shelves down, however, they can charge you if the wall repair is more than “normal wear and tear” (generally normal wear and tear will cover a reasonable number of nails, but anything that requires spackling often isn’t covered–spackling it yourself is super easy though).  

As for the months rent back–I’d find out your rights first.  I’d contact your local tenants union because these things rely on local laws a lot.  You may be able to find the laws online if you’re loathe to talk to a human. 

Everywhere I’ve lived so far, they cannot make you pay rent on a house that is being rented to someone else.  So the two times I’ve broken a lease I did not have to pay more than a couple days extra because of how quickly the new tenant moved in.  Both times it only took 3 days for the landlord to do some final touch-ups after we moved out (steam clean the carpet, primarily).

In this case it’s sold, but I’d be super surprised if it was legal to take rent from someone for a house you don’t own (assuming it closes before the end of the month you’re not living there).  Now, if it’s a “lease-breaking-fee” then you may not have the law on your side.. these nuances are why your best bet really probably is to talk to an export. 

Post # 6
Member
4081 posts
Honey bee

Follow your lease…if its not part of your lease to give a month’s rent, you don’t have to. Those are your shelves, so take them, but you still have to repair the wall unless you don’t want your deposit back. It is neither here nor there that they sold the house. 

Post # 7
Member
9391 posts
Buzzing Beekeeper
  • Wedding: July 2016

Oh, and “we ask that you would leave that in place” is a request, to which you’re perfectly allowed to respond “Just FYI, we will be taking our shelves with us.  We will of course spackle any holes they leave when we take them down and, if you have paint we can use, we would be happy to touch-up the spackled areas as well.”

You may want to offer “If you really want them, we would be happy to negotiate selling them to you and simply buy new ones for our new home.”

I’d be flabbergasted if you checked your local tenant rights and it said anything OTHER than: you, as a tenant, have to leave the house in the condition you found it in (minus normal wear and tear).  

Post # 8
Member
2438 posts
Buzzing bee
  • Wedding: August 2017

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whitemochi622 :  if the contract didn’t say you give one month extra if you break the lease early, then I would say that you don’t need to pay it, but they must have some sort of condition for breaking the lease early. I think the biggest question would be, if the house closes on Oct 31 so there are new owner’son Nov 1st, you’d be out and wouldn’t have to pay Nov. But if the sale hasn’t closed by Oct 31, then you might have to pay Nov.

Post # 9
Member
8356 posts
Bumble Beekeeper

I think you can take your shelves on the condition you fix the walls. If you dont fix the walls, they will have to and that will come out of your deposit. 

Post # 10
Member
6944 posts
Busy Beekeeper
  • Wedding: April 2016

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whitemochi622 :  You mean there’s nothing in your lease about the penalties of breaking it early?

Post # 13
Member
6944 posts
Busy Beekeeper
  • Wedding: April 2016

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whitemochi622 :  If it’s in the lease, I think you’re pretty much screwed here. Unless you have an UBER generous landlord or something. Sure, you can ask, but I wouldn’t expect anything. Also, it seems you don’t know the close date anyway, so chances are they still do need your rent money for November. 

I get that it was annoying to have all those people parading through your space, but that’s kind of how it all works. Unless you weren’t given any sort of notice, that’s just the way it goes when you’re trying to sell or rent a place with someone still living in it. Their goal was to get a new tenant or owner as fast as possible. 

Post # 14
Member
9391 posts
Buzzing Beekeeper
  • Wedding: July 2016

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whitemochi622 :  I had some moving-out pains with a previous landlord and a different bee told me to check it out, lol.  This forum collectively knows a lot about a lot.

Like you, I *liked* this landlord and we stayed perfectly amicable throughout–but it was important for me to know if what he was asking me to do was something I could say no to or not.  I ended up doing a few things I could’ve said no to out of good will, but I prefer to *know* when I’m doing someone a favor. 

ETA: I also used my newfound knowledge to say “no, sorry, I don’t have time to do that” to at least one of his requests.  If I hadn’t read the local laws I would’ve done them without knowing any better.  (Got full deposit back, btw.)

Post # 15
Member
6944 posts
Busy Beekeeper
  • Wedding: April 2016

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whitemochi622 :  Oh also, not sure where you live but in my city landlords can’t just keep your security deposit. If they want to deduct anything from it, they have to basically show you an invoice showing each deduction separately and what it cost them to fix. They can’t just say they’re not returning your deposit because you left the place or mess or had to fix stuff. They have to be very specific. 

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