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OH landlord
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| Joined: | Wed Sep 12th, 2007 |
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| Posts: | 506 |
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Posted: Mon Jun 23rd, 2008 08:13 pm |
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First, why did you allow her to have a key if she had never signed the agreement? I would never have allowed her to have a key until the lease was signed, and the deposit and first month's rent had cleared. Nevertheless, she did pay rent and accept the key. A month to month agreement was established at that time. When you actually deposited her money was your choice and does not affect when she tendered payment. You did write her a receipt for the rent then, didn't you?
She took occupancy on May 22nd when she gave you rent and picked up her key to the house. Whether or not she ever chose to move in was up to her. She had the right and ability to occupy the place and had paid for the room. She failed to return the key to her space and give up her occupancy rights. Even after she notified you of her intention to terminate the agreement and your request for such, she failed to relinquish possession of the unit. In my state, she would be charged rent for the period of time she had possession of the unit and for the 30 day notice period after she gave notice to terminate (unless the room was re-rented in that period). So she would owe rent from 5/22 to 7/3.* Other states laws may interpret the situation differently.
I would send her an itemized statement charging rent for the time she had possession of the unit by keeping the key and for the 30 day notice period. However you changed the locks on June 12th. So you should really only charge for May 22- June 12th, since she could no longer access the room she had rented. If you planned to continue to charge her rent, you shouldn't have changed the locks. It is doubtful you had legal right to do so. So I wouldn't charge her for the locks either. But send her an itemized statement to reflect your charges and send her the rest iof the money back within your state's time limit.
*Actually, in my state (a term state) her notice to vacate wouldn't have taken effect until the end of June and would have meant she was to be out by the end of July, so technically she would owe rent for then too. But I would have only charged her for the 30 day notice period and prorated the rent for that period.
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jeanette789
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| Joined: | Wed Jun 18th, 2008 |
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Posted: Wed Jun 18th, 2008 05:13 pm |
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I have a 4 bedroom town home, I decided to rent a room in my home to a flight attendant, since she would not be there full time, I reduced the rent.
Initiated contact with individual on 5/11
We had numerous e-mail and phone conversations and she viewed the room on 5/18
I e-mailed her a copy of the lease on 5/19, she acknowlede receipt of lease and language on 5/20, however I never saw her in person again so the lease was not signed.
Individual picked up the house key and left a security deposit of $175, and June's rent in the amount of $350 on 5/22, however she asked they not be deposited until 5/31.
Deposited on 5/31
NOTE: sometime between 5/22 and 5/31, individual did enter the house (other room mate witnessed event and took a shower)
Received notice from tenant on 6/4 (evening) that she was being laid off, and would not be moving in e-mail requested full refund of all monies to include security deposit and rent.
Responded to e-mail on 6/5 advising I would return security deposit but not rent, however if she or I were able to replace her, I would return 1/2 of rent.
Received e-mail on 6/9 threatening me with small claims if I did not return all monies. (tenent still had key)
On 6/9 responded with request for key, as of 6/12, the key was not returned, since I had to go out of town for 30 days for work, I changed the locks.
On 6/13 I advised her of lack of key, and that she would be charged for the cost of the new lock.
As of today, she has refused to work with me on any issues, she wants all her money back, and has said if I try to contact her again she is filling harrasement charges.
I need to know what my rights are, can I keep the rent and charge her for the cost of the new lock from the security deposit.
Or do I have to return all her money?
Thank you
Or
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