Lease mess, help!

[crayonblue]

I need some help thinking through our lease situation and figuring out how to address it.

Without going into a million details, our lease ends July 31st. We are moving out July 25th. We know that we will be paying through the 31st since that is when our lease ends. No problem there.

I paid my rent at the management company today and they told me that we will be responsible for the house (and any damages that occur) all the way up until July 31st even though we are handing over our keys to the owner on July 25th. Now, I have a real problem with that because the owner is having contractors in July 26th for 4 days or so to repaint, recarpet, etc. (He is in a BIG hurry to get in because he has another renter coming in August 1st.) What happens if they damage something and blame us? Are we really responsible for a house we have moved out of?

It gets even trickier because the management company and owner are parting ways after our lease ends and they are saying he is going to do the final walk-thru on the 25th when we give him our keys and he is saying that they are going to do the walk-thru sometime later.

I told the management company today that I REALLY don't like this because I am the one whose money is on the line. They pretty much said sorry, we are not going to be involved in this. Under normal circumstances, we would be giving our keys to the property management company, they would do a walk-thru and that would be the end of that. Because the company and owner are not on the same page, we are caught in the middle.

I don't really care who does the walk-thru but we want our security deposit back and we don't want to be responsible for whatever happens from July 26th-July 31st in a house we no longer have possession of!

So, how do we protect ourselves? Perhaps nothing will happen and we will get our money back and it will all work out. But, I do know that sometimes trusting people get taken for a ride.

[trcy]

I don't know if this is possible, but I wouldn't have the contractors in and keys handed over until after your lease is up on the 31st....or have them change your lease end date to the 25th.

[lhafer]

Tough one. I would take pictures of EVERYTHING. And then I would have the manager or who ever's in charge sign the paper at walk through about stains/damages/etc. I am not sure about what happens once you are out.

[rin]

I don't know if this is possible, but I wouldn't have the contractors in and keys handed over until after your lease is up on the 31st....or have them change your lease end date to the 25th.

:yeahthat:

Tell them that if you're responsible, great; you don't want contractors in there until after your lease is up. Actually, I bet if the owner wants to get the contractors in there and you refuse access, he'll find a way to do the walk-through on the 25th.

[crayonblue]

I don't know if this is possible, but I wouldn't have the contractors in and keys handed over until after your lease is up on the 31st....or have them change your lease end date to the 25th.

We can't. We are leaving for CA on the 25th. They won't change the lease date to the 25th because we signed a one year lease that ends the 31st. I wish we could do one of those two options!!!

[crayonblue]

:yeahthat:

Tell them that if you're responsible, great; you don't want contractors in there until after your lease is up. Actually, I bet if the owner wants to get the contractors in there and you refuse access, he'll find a way to do the walk-through on the 25th.

I think this is what we will have to say...to protect ourselves.

[crayonblue]

:yeahthat:

Tell them that if you're responsible, great; you don't want contractors in there until after your lease is up. Actually, I bet if the owner wants to get the contractors in there and you refuse access, he'll find a way to do the walk-through on the 25th.

Once he does the walk-thru are we no longer responsible for the house? I just can't get past this "well, you are going to be responsible if something goes wrong with the house until the 31st even if you turn in your keys and the owner starts preparing the house for the next tenant."

Basically, the management company does not want the owner in the house until after the 31st and he is pushing back that he IS going to work on the house during that time. So, they said OK fine, we are done here, putting us in an unfair situation. We are renting from the property management company, not the owner!

[Dayzy]

Have a camera available and if possible, a copy of that day's newspaper (for proof of date. Take photos of EVERYTHING! Also, make sure you have a walkthrough agreement stating that everything is in good condition and have them sign it. If they refuse, then I wouldn't hand over the keys until the 31st

[crayonblue]

Have a camera available and if possible, a copy of that day's newspaper (for proof of date. Take photos of EVERYTHING! Also, make sure you have a walkthrough agreement stating that everything is in good condition and have them sign it. If they refuse, then I wouldn't hand over the keys until the 31st

Good ideas, thanks.

The more I think about this, the more confused I am getting. We have left leases early many times and never been presented with this scenario. We've just turned in keys, had a walk-thru and we are done. Why are we being told we are responsible for the physical property until the end of our lease? Is that true?

[Green_Tea]

I don't know if this is possible, but I wouldn't have the contractors in and keys handed over until after your lease is up on the 31st....or have them change your lease end date to the 25th.

:yeahthat:

If they are unwilling to change your lease date, I would overnight FedEx them the keys so they get them on the 31st. A massive PITA and kinda $$ but worth it considering the possible alternatives.

[kdeunc]

:yeahthat:

If they are unwilling to change your lease date, I would overnight FedEx them the keys so they get them on the 31st. A massive PITA and kinda $$ but worth it considering the possible alternatives.
:yeahthat: That is exactly what I would do. No way would I allow access to the house while I was still responsible. Tell the company they will have the keys in hand on the 31st. Good luck!

[Giantbear]

I don't know if this is possible, but I wouldn't have the contractors in and keys handed over until after your lease is up on the 31st....or have them change your lease end date to the 25th.

Bingo. Are you staying in the area? If so, keep the keys until the 31st and then do the walk through, or have them amend the lease to change the termination date to the 25th.

[lurksalot]

What if you had the owner sublease from you for the last week of the rental? This should make the property management company happy and the owner happy?

[JustMe]

Another vote for not giving them the keys until the 31st. Is there anyone you trust who could do this for you?

[Melanie]

ITA, I'd keep the keys, then, until the 31st and overnight them or ask a trusted friend to turn them in. Or perhaps get a letter from the owner stating HE will take ownership and responsibility for the house between the 25th and 31st, since he really wants to get in early.

[ahisma]

I would not, under any circumstances, relinquish the keys or grant access to the property until the point at which your liability ends.

There are too many unknowns and what-ifs. You already know that there is a strained relationship involved. Juts stay out of it, pay the $$ to fed-ex the keys, etc.

[crayonblue]

ITA, I'd keep the keys, then, until the 31st and overnight them or ask a trusted friend to turn them in. Or perhaps get a letter from the owner stating HE will take ownership and responsibility for the house between the 25th and 31st, since he really wants to get in early.

This is exactly what we decided. We emailed the owner giving him two options. 1) we keep the keys until the 31st or 2) he gives us a written statement saying we are no longer responsible for this house after the 25th. Haven't heard back yet. I am 99.9% sure he will go with option 2 as it is FAR more to his advantage. MIL said she will come stay in our house until the 31st if need be. :)

[Octobermommy]

We are renting from the property management company, not the owner!

You are renting from the owner. It is his house,not the property management company's house. If the managment company found damages and charged you for it the money would go to the owner, not the managment company ( well a small % would). It doesn't sound like they are on the best of terms so I doubt they would be inclined to be nitpicky about damages.

The last say on damages comes from the owner.

I would not want the crew in before your lease is up. I would talk to the owner and say that if he wants his crew in then he will have to do a walk through with you on the 25th, document all is okay and release you from liability for the property. If he will not do this your other option is to say they can not get in the property because you are still cleaning up etc and you will have to Fedex the keys on the 31st. There is something , at least in my state, that if you turn in keys you are abandoning the property and they can go in the house to make ready.

Honestly, if a new tenant will be in on August 1st and the owner wants the house repainted and new carpet you are in a better position than you think. He simply can't get it done if you are occupying the property until the 31st. Talk to the owner and see if this can be resolved. If it is resolved then I would write a letter to the management company on July 25th saying as much and that you expect your full security deposit to your new address within 30 days ( or whatever the law is in your state).

Sorry you are having to deal with this!

[crayonblue]

You are renting from the owner. It is his house,not the property management company's house. If the managment company found damages and charged you for it the money would go to the owner, not the managment company ( well a small % would). It doesn't sound like they are on the best of terms so I doubt they would be inclined to be nitpicky about damages.

The last say on damages comes from the owner.

I would not want the crew in before your lease is up. I would talk to the owner and say that if he wants his crew in then he will have to do a walk through with you on the 25th, document all is okay and release you from liability for the property. If he will not do this your other option is to say they can not get in the property because you are still cleaning up etc and you will have to Fedex the keys on the 31st. There is something , at least in my state, that if you turn in keys you are abandoning the property and they can go in the house to make ready.

Honestly, if a new tenant will be in on August 1st and the owner wants the house repainted and new carpet you are in a better position than you think. He simply can't get it done if you are occupying the property until the 31st. Talk to the owner and see if this can be resolved. If it is resolved then I would write a letter to the management company on July 25th saying as much and that you expect your full security deposit to your new address within 30 days ( or whatever the law is in your state).

Sorry you are having to deal with this!

Thanks, yes, we are actually making life easier for him by leaving a week early! Hopefully, he will be fine with releasing us from responsibility after the 25th.

[Jo..]

I would not, under any circumstances, relinquish the keys or grant access to the property until the point at which your liability ends.

There are too many unknowns and what-ifs. You already know that there is a strained relationship involved. Juts stay out of it, pay the $$ to fed-ex the keys, etc.


This. No way, no how. Spend the $50 or so and overnight the keys. Might save you thousands and endless problems.

[Cuckoomamma]

I agree with the FedEx option. No choice for anyone. You make the decision, you stay in control.

[AnnieW625]

I would take photos and make sure they can be dated when you go through for your walk through with the owner, and then immediately give them to the management company. If your land lord wants the contractors there prior to you officially leaving then you need tell him you want either free or reduced rent before the work starts.