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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

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Old 06-12-2008, 11:54 PM     #1
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EEK! please help!!!!!!

My roommate had already paid his rent for the month of June, which I had then deposited and used to pay bills for the apartment. A few days later, he decided to give me his 30 days notice, and informed me that he then stopped payment on the rent check because last month rent was already paid upon entering into his month-to-month lease agreement. This has lead to various overdraft fees at 38 dollars each, as well as essentially freezing my bank account leaving it over 600 dollars overdrawn.

It is my opinion that since he had already paid his rent, and since the first of the month had come and gone, he is still responsible for the rent for the month of June, as well as now being responsible for payment of my overdraft fees.

However, it is his opinion that he has done nothing wrong, and owes me nothing.

What should i do here?????
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Old 06-14-2008, 12:44 AM     #2
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Default Re: please help!!!!!!

There are a couple of issues here. One is that he is a month to month tenant. As such he needs to give notice at the beginning of his month so that he moves out at the end of the month. He didn't do this. He didn't give notice until several days into the month. So he will owe you rent for the entire 30 days notice, including some days in July until those 30 days are over. If you live in a term state, his notice may not take effect until the next month since he didn't give it at the beginning of the month. Read your state's LL-Tenant laws on when a tenant has to give notice. IF it says anything about giving notice to coincide with the end of a rent period, his notice doesn't take effect until July 1st and he owes you rent for this month. (His pre-paid last month's rent will cover July.)

If the law says he can give notice anytime, he still owes you for 30 days of rent from the date he gave you notice. So plan on deducting this from the deposit. I'd also charge him from the deposit for the bad check fee that is written into most agreeements to cover your overdraft fees and NSF fees.
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