ComplaintsforPeople's Real Estate Inc

• Initial Complaint

  01/21/2023

  Complaint Type:

  Order Issues

  Status:

  Unresolved

  More info

  On Friday, January 20, 2023 at 9:30 AM PST I reached out to *********************** of Peoples Real Estate, *** to ask if my fianc and I can negotiate a lease-break settlement as we intend to move home to **********. Our lease agreement calls for ** to be rent-responsible through the end of our lease (Aug 31, 2023) or until another party re-rents the home. This is understood and we do not object to this. The problem came when **** contacted me stating there would be a re-keying fee of $130 and that we would also be charged a half month of our rent rate as a Re-renting fee. This is why I am upset. I have worked in property management for 12 years and I am very well versed in property management law and contracts. These two items were NOT specified in our lease agreement, and are therefore unenforceable. A lease agreement cannot be modified mid-lease without the approval of both the landlord and tenant. I brought this to Lisaa attention and even stated if I am mistaken to please point to the section of our signed lease agreement where we acknowledged this policy. **** could not point to this section because these policies are not specified on the lease agreement. **** then threatened me with legal action for pointing out that these items need to be specified in the contract if she wishes to enforce them. **** stated We can go to court if youd like to. Been there, done that.

  Business response

  02/03/2023

  Per the tenants lease attached, on page 2 section 7 it outlines termination.  The tenant would like to break his lease and there are consequences to breaking your lease.  The consequences are outlined in the *** mentioned in the lease.  The tenant doesnt want to accept that the ***s are law and dont have to be in the lease as they are the law.  
  
  I explained to the tenant that the charges the owner will incur for him breaking his lease are 1) my rent up fee to find a new tenant which is 50% of 1 months lease per my contract with the owner.  2) the cost of changing the locks as we change the locks between every tenant to keep them safe. 3) any rent up until the new tenant takes possession.
  
  Below is a cut and paste from the *** *******************************************************
  (b) When the tenancy is for a term greater than month-to-month, the tenant shall be liable for the lesser of the following:
  (i) The entire rent due for the remainder of the term; or
  (ii) All rent accrued during the period reasonably necessary to rerent the premises at a fair rental, plus the difference between such fair rental and the rent agreed to in the prior agreement, plus actual costs incurred by the landlord in rerenting the premises together with statutory court costs and reasonable attorneys' fees.
  
  These are not made up laws or fees.  It is what the landlord tenant law states.  Alternatively he can pay the rent until the end of his lease and maintain the property.
  
  
  Sincerely,
  
  ***********************
  Managing Broker/Owner

  Customer response

  02/13/2023

  Hello,

   

  I apologize for not replying sooner. This matter was closed by the BBB for lack of a response on my part, but the landlord did not satisfy my complaint. The law cited by the landlord refers to abandonment of the unit, which is not the case. We are paying the rent until the unit is re-rented. My objection is to being charged an extra half month of rent as a re-renting fee. This type of fee must be listed in the lease agreement and was not. 

  Thank You,

   

  *********************

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