Tenant with a question about eviction. : ezLandlordForms

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Charlie S

started a topic over 12 years ago

Long story short, our lease is up Sept. 30th, and we're moving out because our landlord/property management company is raising our rent $100/month and we just find that unreasonable. We were notified of the increase in August. So, we found our new place to rent and are moving in next weekend (the 15th). Because I've Ben on unpaid maternity leave for 8 weeks and we had to pay first months rent & security deposit at our new place two weeks earlier than anticipated, we can't afford to pay this months rent at our current town home. We notified our landlord of this, and asked if he'd work with us. We asked if we could use our security deposit in lieu of last months rent, he said no. We offered to pay him our last moths rent + late fee on Sept 30th when my husband gets his next paycheck, he said no that's too late. We offered him $500 on Sept 13th & the rest on the 30th, he said no. We aske about a prorated amount in rent since we're leaving the 15th, he said no. So today he emailed us and said if it isn't paid in full today he's going to obtain an "unlawful detainer". My question is, seeing as we're moving out next weekend, what can he legally do? I realize he could give us an eviction notice but, as far as I've read, that requires at least a 30 day notice here in Minnesota, and we'll be leavin in 6 days. I understand the rent is owed, but I'm afraid to give him what little money our family does have for the next month, and then him keep our security deposit in retaliation. We have perfect rental history and we've only been late on rent once before, I really don't want an eviction notice on our records. Our credit is already poor and we're declaring bankruptcy in January. I don't know what to do!

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Bob R

said over 12 years ago

Question...did you give landlord Written Notice that you will be moving at the end of Sept and not renewing the lease?

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Mikala D

said over 12 years ago

If you are leaving already there is really nothing he can do. Your lease is up sept 30th anyway. Just make sure the property is in good condition so he doesnt try to keep your security for repairs. For any rent that you owe I guess he can take it out of the security deposit. He can only put it on your credit if you owe money. I dont think he can put an eviction on your credit report since your lease is up

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Bob R

said over 12 years ago

@Mikala: your response is partially true. Charlie did not state that a Notice to Vacate was certified mailed to Landlord. If he didn’t, he may owe up to 2 months (or more) rent which may not equal the sec.dpst. Altho the lease ends at the end of the month, that doesn’t mean that the Agreement will expire. There’s a good chance that it switched to a month-to-month. -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with your State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance.