Posted by DK on September 08, 1999 at 11:04:20:
In Reply to: Want to have all my information BEFORE landlord tries to stiff us posted by Karen on September 07, 1999 at 13:27:31:
: Bear with me please this is a long story.
: Our landlady lives over an hour away is insufferably lazy. She wants the $$ that comes with owniatedng property but none of the work.
: We moved into this house on 12/1/97. Gave her a $895 security deposit. When lease was up we negotiated a 6 month lease then month-month thereafter and giving 60 days notice before we left and agreed to advertise and show the house.
: These are the EXACT words of the lease: "tenant will advertise and show house to perspective[her vocab error not mine] new tenants at his cost. Landlord will have final say as to choice of new tenant"
: Stupidly we agreed to this. Mea culpa!! Now we are in a spot. This woman is asking too much for the house-more than the market will bear. WE advertised the house once ($140) and no one that she wanted applied. Now we told her that fulfilled our obligation to the lease already and now it is her problem. She feels that we should have to pay for the ad until the place is rented. Remember she is holding $895 of our money. We are moving in two weeks and will be out of the house. Where do we stand if no one rents it this next time around? Should we advertise at all? Do you read the lease as saying we have to pay for the ad until the house is rented which is unlikely at the price she is asking.
: We have taken care of this house, repaired damage that was done BEFORE we were here. This lady actually said she wants someone with money to rent it so THEY can fix it up.
: WE feel that if the house DOESN'T rent she will definately hold our security and even if it does she will probably try to hold it-the same person collected double rent on this house when we first moved in we found out after running into previous tenants. Do we have a leg to stand on in small claims court?
: Thanks for any advice,
I have never heard of such a lease provision. It appears that you have done what you agreed to do. You did not promise to rent the place, only to advertise it. Because you did that, I think you would win in small claims court to recover your security deposit.
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