Wrongful Eviction

I put in my 30 day notice May 15th and paid half a months rent to cover to June 15th.  Several days later the landlord said I had to pay the full months rent for June or be evicted.  I don't think I should have to pay 2 weeks extra  rent when I will not be living in the unit.  The owner Mary Troung stated she does not prorate rent and wants an additional $450 plus late fee's.  I have been served a 3 day but I will be in California before that is up.  My rent has never been late ever and I provided a proper written 30 day notice.  This is just wrong and has to be illegal.

Unfortunately my gut opinion w...

Unfortunately my gut opinion without seeing your lease is that the lease is the 1st to the 1st and that you would need to pay the rent through the end of the month. It is difficult to make a call on this without seeing the actual lease because there could be a provision in the notice section or the rent section about timing.

Richard is correct, but let me...

Richard is correct, but let me explain further.  Many tenants feel that they can give a notice to the Landlord of their intent to move  and it's okay if it's only a weeks notice, two weeks notices, or only a few days notice.  They don't realize that a lease agreement is a legal contract with a beginning date and an ending date. Is it fair to the landlord to be given only a two week notice?  No.  Just like it wouldn't be fair to YOU if the landlord turned around and said you needed to move in two weeks.  It just doesn't happen that way.  There are laws to follow and a contract that enforces the law. If your contract states that your rent begins on the 1st of the month, then you must give a notice that you are leaving before the first of the next month.   Let's say today is January 1, 2013, and you want to be out on February 1, 2013. In order to do so, you would need to send your Notice of Intent to leave in December of 2012.  No matter who gives the notice (the landlord or you), you must give a full rental contract notice in order to stay within the Contract.  By giving your notice in December, (even if it was December 31, 2012) you are giving your landlord a full rental month notice that you plan to move and not renew your contract.   Even though January has 31 days, it doesn't matter.  You must give a FULL MONTHS RENTAL NOTICE.  So whether it is January with 31 days.......January is a full months notice.  If it was in February with only 28 days.......it is a FULL MONTHS RENTAL NOTICE.   If you are on a years lease, then you must stay until the lease expires ( and one month before the lease expires)  you can give your landlord a notice that you will be leaving at the end  of the lease and  won't be renewing. You say you gave notice on the 15th. Well...let's talk about that.  Let's say your rent is from the 15th of the month to the 14th of the next month.   (Remember, the 15th begins a new month).  In order to leave and not have to pay more rent, you would have had to give your landlord a 30 day notice, (if on a month to month contract) on or before the 14th of this month, not the 15th.   This notice works both ways.  These rules must be abided by both you and the landlord for Terminating a lease agreement.  I hope I have helped you understand how this works.  I understand your frustration because you say you won't be living there for those extra two weeks, but it's only because you choose not to.  No matter if you leave on the 15th or the end of the month, you still are responsible for the rent up to the end of the month.  so you might as well take your time to move your stuff.  But don't wait until the last minute.  Some States require that you put your notice in writing of your intent to vacate.  If you leave and didn't notify your landlord at all, then you could be responsible for not only the rest of this months rent, but next months too.  So you want to make sure you follow the laws regarding landlord/tenant laws.  They are available online for your States.  Just do a Google.

I wish to respond as I mention...

I wish to respond as I mentioned my lease expired May 31, 2013 and I was not signing a new lease.  My mother was very ill and I needed to relocate to care for her.  The 30 day notice I put in 2 weeks prior (May 14th) was approved by the acting manager at that time.  It was not until after half of Junes rent had been paid and  just days before   moving out of state the owner Mary fired that Manager and stated she does not prorate rent and I now needed to pay 2 additional weeks of rent.  I had made all my travel plans based on the managers approval. Also my  rent was prorated when I moved in 2011 the same unit for  the second time.  Since the manager acting on behalf of the owner Mary approved my moving out mid month by June 14th there was no reason for me not to accept the managers decision.  Actually I never knew the owner Mary and only met her 1 time in the many years of renting there.  I have made all payments and agreements with the managers acting on her behalf.  The Manager Nicole told me to pay half of Junes rent which I did and if she had told me that was not an option I would have made other arrangements and moved at the end of June.  The manager stated my lease expired May 31st so I would not be under a lease agreement and my 30 day notice was acceptable. I understand that I had a contract and would have honored the 30 day end of the month move out if the acting manager at that time stated that I could not move out mid month, but that was not the case.  I feel the owner should have to honor the manager Nicole  agreement since she hired this woman to manage the office and all rental issues on her behalf.  The manager Nicole was a licensed professional so if this was not an option or illegal she should not have approved my 30 day notice and advised me to pay half of Junes rent.  I feel they are taking advantage of me knowing I am no longer  residing in the state of Colorado and the owner Mary Truong will continue to add fee's  so now I will owe more that 4 times the half months rent.  I have emailed my new address, phone number to the new manager again due to owner Mary has an attorney that evicts people without notifying them by posting notice on doors or mailing documents and so far they have gotten away with it.  I got a call from another tenant who is going through this now.  Please review this situation and advise I don't want an eviction on my record or crazy fees on my credit report there has to be some way to stop this slum lord she makes more money through late fee's and evictions than rental income.

In order to win a case you mus...

In order to win a case you must have proof - evidence.  You may be 100% correct, but you need evidence that Nicole said and did everything you said she did  (A copy of your notice.  A copy of the letter where Nicole allowed the move.  Phone records, text messages.  Anything)  You just can't go to court and tell a judge "they said this and they said that", anyone can say anything about anyone and anything, but when you go to court, you better have evidence. This also goes for the Landlord as well.  That Landlord better have evidence. Plus I'm only hearing one side of the story.  Remember, there are always two sides of the story.  And that is why you need EVIDENCE! Because it has been my mission for years to enlighten the Media and the courts, as well as the public, as to  who landlords really are and the injustices they face, (and because your last paragraph is a good example of the typical misconception of  who landlords are) I'm adding the following: For years people have viewed, and still are viewing, landlords as being money hungry villians who only care about money and nothing else.  But in reality we are just people like everyone else trying to pay their bills and make a living. Landlords invest tens of thousands of dollars into their rental homes.  They have to obey Landlord/Tenant Laws and City Ordinances.  They have to acquire many permits from the state to say they can rent that property out.  They have a ton of hoops to jump through and every year it's gets harder and more costly. It cost a landlord thousands of dollars to fix up a rental after a tenant moves out.  Security Deposits hardly ever cover the rent owed to them or damages done. it cost them money to advertise their vacancies. And, since rent is their pay check, if a vacancy lasts too long, they don't have enough money to pay their bills or their  mortgage so they understand when a tenant falls on hard times, but their rentals homes are their business and their income.  So they can't just say to a tenant, "Okay honey, I understand,  you can pay your rent when you can or not at all," because if they did, they wouldn't be able to live.  And do you think the Mortgage company is going to be understanding with the landlord because their tenant couldn't pay the rent or all the money that is due them and so the Landlord can't pay the mortgage? A landlord faces many crisis in their landlord career.  There are tenants who don't pay their rent,  and there are tenants who do a ton of damage to the home.  The eviction process is long and tenants don't move out right away, still not paying their rent to boot.   Where is the compassion for the landlord?  There isn't any because the News Media, the public,  and tenants, don't have any clue what a Landlords goes through. They make accusations without proof and so they  think landlords are wealthy just because they own rentals. Let me assure you, any money a Landlord makes from being a landlord goes into paying the bills, if there is money left over, but mostly it goes into fixing the rental back up again for a new tenant, or for repairs, or for property taxes, and property insurance and more. Now, I know as a tenant,  you don't want to hear this.  But if you want people to be sympathetic with what's going on with you, then you should be aware of the other side of the fence.  Let me also assure you that no landlord  makes more money in late fees than rent, and especdially nothing  on evictions! However, let's say the landlord does make more money on late fees than rent, so what?  In order to collect late fees a tenant needs to be late.  What tenants don't seem to understand is that a lease agreement is a legal contract with a rental due date and Late Fees.   If  a tenant is  being billed for  late fees, than their rent was late. Pure and Simple.  They shouldn't  be angry at the Landlord.  They should be angry at themselves. The very first thing a tenant should pay out of their pay check is their rent.  Without a roof over their head they have no place to lay their head, no place to  store their stuff.  No Privacy!    It should be the most important bill to pay on their list!   You say the landlord has an attorney, but he doesn't post the legal notices on the doors etc.  You have no idea how many times I hear that from tenants who ask me questions.  If what you say is true, the owner and the lawyer would have been sued many years ago, and be out of business. When you make statements like this, do you have evidence?  Have you yourself knew someone being evicted by this landlord and they did not have a notice posted on the door? How do you know?   Did you video tape the door 24 hours a day, every day,  to make sure the notice wasn't taped to the door or that the tenant didn't take it down and brought it inside?  Just because that tenant said they didn't receive a notice to you, doesn't mean they didn't receive the notice.  What I'm trying to teach you,  Cindy, is that unless you have evidence of what you say about somebody, or what they do or don't do, you put yourself in a bad situation.  For instance ( and I'm just using this as an example)  accusing the Lawyer for not posting notices on  doors and doing bad things.  And you put all that in writing on a  public forum.  When a person accusses someone of doing something wrong, and puts it in writing and on a public forum to boot, and that  causes that person harm, then they you can be sued  for slander.   Once again I'm just trying to make you see the seriousness of having proof and evidence and not trying to give you legal advice about slander or anything else.  Just trying to open your eyes as to how things are so that you can protect yourself in the future.  Plus this form of questioning is what you could expect from a Judge if you have to  go to court.As I said, you maybe asbolutely 100% correct, but you should always get things in writing, and if you didn't do it this time, you certainly will remember to do it  from this point forward.Many arguments, fights, wars, disagreements, bad stuff, happen because one side doesn't understand where the otherside is coming from. They have a misconseption of each other.  This is why I tried to explain to you the expenses landlords face and to not think that landlords are wealthy just because they have some rental properties.  Remember, you most likely are not the only tenant who owes them money.  (In your case may owe them money) Please note that I do realize that you are upset, and angry, and worried about your credit report, so you may not take my advice as it is intended. But perhaps one day, you may remember what I have written here today!

As for proof I have a written ...

As for proof I have a written 30 day notice the manager signed and gave me a copy of May 14, 2013.  The 30 day notice said nothing about paying rent until the end of June just that I was moving 30 days from May 14, 2013.  I do have cell phone records where the manager called me 3 weeks later and stated the owner does not prorate rent and I now owed an additional 2 weeks rent.  I immediately sent an email questioning this right away and did not get a response until after I had moved out and was in California.  I actually picked up the 3 day or quit notice from the office 2 days before leaving for California, but the manager that advised me the 30 day notice was acceptable and to pay half of Junes rent had been terminated and the new manager hired to replace her was looking for a new job on Craigslist.  That manager is also no longer there and there have been 2 other managers from June 1st until now. Now that I am in California I don't think I should have to pay several thousand dollars when the manager Nicole gave me verbal consent and provided a copy of the signed written notice stating move out date was June 14th it was signed by her and me.  As for wrongful charges on evictions I actually lived in this same unit in 2009 and after I moved out there has only been 2 other tenants before I rerented the unit in 2011.  My daughter was one of those tenants and I saw the eviction papers charging her for new carpet, tile, patio blinds, and many other items totaling several thousand dollars.  When I re rented the same unit not a single item she was charged for had been replaced right down to the nail polish on the patio blinds that was there in 2009 that one of my grandchildren did. Do I have enough evidence with the signed 30 day notice by the manager to prove my case? 

Cindy, your first post stated ...

Cindy, your first post stated this: I put in my 30 day notice May 15th and paid half a month’s rent to cover to June 15th.   (Half a month’s rent would cover you to May 29th, not June 15, therefore you still owe the rest of June's rent) Several days later the landlord said I had to pay the full month’s rent for June or be evicted.  (She is right) Your last post states this: As for proof I have a written 30 day notice the manager signed and gave me a copy of May 14, 2013.  (You said YOU gave the notice.  But let's say you gave the notice first,  you still didn’t pay the total rent that was due.  So the Landlord has a right to send you  a 30 day Notice to Quit as well, just in case you didn’t honor your 30 Day Notice and actually move)The 30 day notice said nothing about paying rent until the end of June just that I was moving 30 days from May 14, 2013. (You knew the landlord wanted the rest of June's rent.  So this is no surprise to you.    It didn’t need to be on the Termination of Tenancy.  The Lease Agreement states the terms of the rent and for how much.  The Termination of Tenancy is just a legal notice stating that the Landlord will not be renewing your lease.   If you go to court the Landlord can sue for the balance of the rent owed to her for June) Now you say you  have been served a  3 day notice which means for non-payment of rent.  but I will be in California before that is up. There are so many inconsistencies in your story Cindy, that I’m going to leave things as they are and wish you good luck.

This is an awesome discussion ...

This is an awesome discussion with some great input. I just wanted to let everyone know that a couple of articles have been written on this as well if you'd like to take a look for further research. If you're interested in learning more about how to evict a tenant, that article is located here: http://www.landlordstation.com/info/how-to-evict-a-tenant.html and if you'd like to know more about what rights the tenant has in the eviction process, that can be found here: http://www.landlordstation.com/info/tenants-eviction-rights.html

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