Legal Question (Landlord/Tenant)

[Groo The Perverted]

Okay this is the situation a neighbor of mine is having.

NOTE: This is in Washington State.

He's looking at getting a new apartment. He should find out any day now whether it will come through. However he has to have his rent for his current place (where I live) by the 5th or he faces a late fee for however number of days he's late.

His problem is that he's been told by the landlord (and supposedly in the contract) that he has to give 20 days notice OR HE HAS TO PAY THEM FOR THOSE 20 DAYS AFTER THE 1st THAT IT'S NOT ABLE TO BE RENTED.

I am guessing that the logic is that if he doesn't give notice, then they don't have time to get someone in in the very beginning of the month, and therefore they're missing out on rent. I GET THAT. However that just seems wrong to me that they're trying to get him to pay IN ADDITION to his deposit for those 20 days.

So example: He finds out 10 days before the 1st that he's going to move out. He just moves his shit out, cleans the room up perfectly, but he does not give 20 days notice.

Under this example, he's not only losing his deposit, but he has to pay the 20 days worth of rent (prorated from the full amount), or even the full month's rent, due to them not being able to rent it.

To ME, this sounds outrageous and I can't imagine that it's legal, however he's insistent that other apartments have done the exact same thing.

Now I've thought that the deposit was not only to guard against you messing the place up, but also if you leave early without notice you sacrifice your deposit.

This is the 1st time I'd heard of someone having to pay the following month even though they are not there.

EDIT: The apartment lease is month to month.

[Anthony P]

Originally Posted by Groo The Perverted

Okay this is the situation a neighbor of mine is having.

NOTE: This is in Washington State.

He's looking at getting a new apartment. He should find out any day now whether it will come through. However he has to have his rent for his current place (where I live) by the 5th or he faces a late fee for however number of days he's late.

His problem is that he's been told by the landlord (and supposedly in the contract) that he has to give 20 days notice OR HE HAS TO PAY THEM FOR THOSE 20 DAYS AFTER THE 1st THAT IT'S NOT ABLE TO BE RENTED.

I am guessing that the logic is that if he doesn't give notice, then they don't have time to get someone in in the very beginning of the month, and therefore they're missing out on rent. I GET THAT. However that just seems wrong to me that they're trying to get him to pay IN ADDITION to his deposit for those 20 days.

So example: He finds out 10 days before the 1st that he's going to move out. He just moves his shit out, cleans the room up perfectly, but he does not give 20 days notice.

Under this example, he's not only losing his deposit, but he has to pay the 20 days worth of rent (prorated from the full amount), or even the full month's rent, due to them not being able to rent it.

To ME, this sounds outrageous and I can't imagine that it's legal, however he's insistent that other apartments have done the exact same thing.

Now I've thought that the deposit was not only to guard against you messing the place up, but also if you leave early without notice you sacrifice your deposit.

This is the 1st time I'd heard of someone having to pay the following month even though they are not there.

EDIT: The apartment lease is month to month.

Even here where the law is seriously stacked in favour of the renter, you need to give a timely notice. i.e. if it is month to month, like your friend, then it is at least one month.

[Anthony P]

did a bit of googling

http://www.wsba.org/media/publicatio...ord-tenant.htm

The most common type of tenancy is a periodic tenancy, for example, a week-to-week or month-to-month tenancy. A periodic tenancy is automatically renewed unless either the landlord or the tenant gives written notice to terminate the tenancy at least 20 days prior to the end of the month. The tenancy cannot be terminated in the middle of any month unless the landlord agrees.

so he is getting a deal, legaly the landlord can ask him to pay the full month if he finds an other tenant or not.

[LynxFX]

Here's the washington tenant/landlord laws.

From what it sounds like, you can't leave a month to month in the middle of a month unless the landlord agrees. So you still need to do the 20 day notice. So he probably will have to pay for the extra 20 days. He should, however get his full deposit back, minus any damage charges if there are any.

The most common type of tenancy is a periodic tenancy, for example, a week-to-week or month-to-month tenancy. A periodic tenancy is automatically renewed unless either the landlord or the tenant gives written notice to terminate the tenancy at least 20 days prior to the end of the month. The tenancy cannot be terminated in the middle of any month unless the landlord agrees. Similarly, the landlord cannot terminate the tenancy except at the end of the month and only after twenty 20 days' prior written notice to the tenant.

A landlord may require a deposit to ensure that the tenant takes care of the unit and complies with the terms of the rental agreement. Deposit requirements cannot be discriminatory, nor may a deposit be increased to retaliate against a tenant. A nonrefundable fee cannot be called a "deposit." A refundable damage or security deposit must be distinguished from nonrefundable cleaning fees.

If a deposit or nonrefundable fee is charged, the lease or rental agreement must be in writing, and must include the terms and conditions under which any deposit will be returned. A deposit cannot be withheld for normal wear and tear. If a tenant pays a deposit, the landlord must provide a document describing the condition of the rental unit. The landlord is required to keep deposits in a trust account, and must also provide the tenant with a receipt and the name and address of the depository. Any interest earned on a deposit belongs to the landlord.

The landlord has 14 days after a tenant moves out to return a deposit, or give a written explanation of why it (or any part of it) was not refunded. If a landlord does not comply, the full amount of the deposit must be refunded to the tenant, regardless of any claims by the landlord that the tenant is not entitled to a refund.

[Groo The Perverted]

Originally Posted by LynxFX

Here's the washington tenant/landlord laws.

From what it sounds like, you can't leave a month to month in the middle of a month unless the landlord agrees. So you still need to do the 20 day notice. So he probably will have to pay for the extra 20 days. He should, however get his full deposit back, minus any damage charges if there are any.

So you're saying that if he leaves 10 days in, he not ONLY forfeits that month's rent + deposit, but ALSO 20 days worth of rent in February?

[Anthony P]

Originally Posted by Groo The Perverted

So you're saying that if he leaves 10 days in, he not ONLY forfeits that month's rent + deposit, but ALSO 20 days worth of rent in February?

no, the way I read it, if he leaves/tells the landlord on the 10'th then there are 21 days before the end of the month (nothing in it about 20 working days) so he is OK with only Jan, but if he only tells him on the 20'th then there are only 11 days in Jan and that means that the landlord could ask for the rent for Feb.

[jhiggy23]

I did landlord/tenant law and foreclosure defense for several months. While state laws vary, what matters is what's in the contract. Even if what the landlord is doing is contrary to state law, there's little chance you'll beat them in court. Why? Because it's very costly to go up against them and generally there are provisions preventing you from doing so in the contract itself (most ppl don't know that). For example, someone I knew was charged $250 as a late fee for being one day late for rent, despite attempts to pay. Under Florida law, this was illegal and contrary to landlord/tenant law, which states you can only charge up to 5% or $50. But, since it was in the contract, there was little that could be done. In your buddy's case the same is true, except the law is on the landlord's side additionally. Thus, there is no recourse despite how wrong it may seem to be.

[Secretagentnumber6]

Originally Posted by Groo The Perverted

So you're saying that if he leaves 10 days in, he not ONLY forfeits that month's rent + deposit, but ALSO 20 days worth of rent in February?

If he leaves on Jan 10 then he could give his notice then, and would be fine. If he leaves anytime after the 11th and has not given his notice he is not okay. He either gives his notice or 20 days ahead or he is responsible for the entire month of February, but it looks like his landlord is actually doing him a favor if he prorates the rent for Feb to 20 days, as that is not how I read the law. This is just my opinion and in no way a substitute for the opinion of a licensed Attorney.

[Groo The Perverted]

I meant 10 days out from February, but I got the answer.

Thanks everyone.