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Donna Kirk Seyle

Donna Seyle’s Answers

2 total

  • Do you have to pay rent if you are moving out and gave notice?

    I am moving out of my house, I gave notice to my landlord. She already has people that are intrested in renting. My lease is up at the end of Novemeber 2009. But I am moving out October 31st. She is aware of this but says if she does not have a re...

    Donna’s Answer

    A lease for a specific term does require you to pay to the end of the lease, whether you move out before that time or not. If the landlord has a new tenant who moves in before the end of the lease, then you would only be responsible to pay your pro-rata share of November's rent. The landlord has a duty to take reasonable steps to obtain a new tenant. Also, it depends on whether or not you paid last month's rent in addition to first month's rent when you rented the house. If you did, then that would suffice for November's rent, or any pro-rata portion of the rent you might owe. However, if you paid a security deposit at the beginning of the lease, and not last month's rent, then you need to pay the additional rent in accordance with the above guidelines. The security deposit is reserved for any damages that may lawfully be deducted from the deposit.

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  • Possible Real Estate Fraud Case

    I purchased a mixed-use building (retail/office) earlier this year and the transaction was based on owner-financing with a substantial down payment. The building was vacant except for 1 retail tenant, which helped cover some of my mortgage. ...

    Donna’s Answer

    Did you receive a copy of the lease and a Tenant Estoppel Certificate related to this tenant? These documents should have been provided during escrow. Your claims and remedies depend upon the kind of lease, duration of lease, notice reqirements and many other factors, in addition to an potential fraud claims. You could have several varying claims, with different remedies, in this scenario.

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