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Updated over 6 years ago,

User Stats

32
Posts
9
Votes
Jo Ballagh
  • Investor
  • Anchorage, AK
9
Votes |
32
Posts

Legal help-tenant asking for money back after lease terminated

Jo Ballagh
  • Investor
  • Anchorage, AK
Posted

Hi all!

I need some advice ASAP, please!

I cross posted in the Landlord Forum as well in hopes of getting more eyes and advice. 

Moderator Note: Do not post duplicate posts in multiple forums

Background bullet points:

  • A couple move into a unit on August 14, 2017.
  • Tenants broke up in October, she moved out. (side note-she requested her pet deposit back and since the animal had done no damage, I returned it, with HIS permission)
  • HE requests her off the lease but wouldn't sign a new lease; issue subsides
  • HE requests to sublease the unit-I do not sublease; issue subsides
  • HE states he is moving in with his new girlfriend and wants to break the lease. I have a $500 early termination penalty in the lease agreement. Tenants are still responsible for the unit rent until a new tenant is found, or until the end of the original lease, whichever is sooner. I communicate all of this to HIM.
  • HE moves out May 1, 2018. I begin receiving communication from HER.
  • THEY decide (or she is told by him) that SHE will be responsible for the rent until a new tenant is found.
  • During the middle of July, she decided she will pay out the remainder of the lease and be done with it. I collect $645 for the remainder of her lease through August 14, complete a walk through and return her security deposit in full.
  • August 1, 2018, a new tenant begins paying rent.

MY DILEMMA:

Today, I received a text from HER stating that she drove by the place and saw there is a new tenant and would like her August rent back.

ME: Since I was able to rent the place out on August 1st, I will return $145 ($645 from August rent paid minus the $500 penalty).

HER: Even though I didn't terminate early, it's still a $500 penalty?

ME: You did terminate early. Your lease was through August 14th. [The new tenants] began paying rent August 1st, which was when we terminated your lease and I returned the deposit, 2 weeks earlier than the end date on the lease agreement. ***I realize I misspoke here and have a reword in my potential response***we also terminated her agreement on July 18th, not August 1st***

HER: "...I am FULLY aware that this is in no way, shape or form a legal maneuver on your part."

I WOULD GREATLY APPRECIATE ADVICE BEFORE I SEND THIS DRAFTED TEXT:

"The lease has been terminated and your deposit has been returned in full. If you would like to attempt to negotiate a return for the $654 you paid for the remaining part of your August rent, the early termination fee will apply because you will be attempting to receive a refund for money legally owed. The lease is a legally binding document and every property manager has the right to charge a fee if the lease is broken.

A recap of part of a text sent June 5th: Since you are not breaking your lease, the $500 early termination fee does not apply. Rent due for August = $654.83."

I did not charge you the termination fee because you finished your financial obligation through August 14th. Had you chosen to not pay your August rent, I would have been legally allowed to keep $500 of your security deposit (lease agreement) to pay for the early termination fee incurred with the early termination.

Because the lease agreement has been terminated, I am not legally obligated to return any funds to you. However, because you and HIM always paid rent early, kept the unit in great condition and maintained your financial agreement until the end of the lease (even though both you and HIM vacated the unit), I would be happy to return $145 to you (the difference of the rent you paid minus the termination fee)."

PLEASE GIVE ME SOME ADVICE!

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