lease

[austinsm11]

Anyone know anything about lease agreements?

My wife and I are moving closer where we work. We just found a house and are closing Oct. 4. Our lease expires September 30.

When we went to the apartment manager Sept. 4 to let her know we were moving out, she said that since we didn't give notice by Sept. 1 that we will owe for the whole month of October. She then refused to accept our 30 day notice.

She also said that our rent was going up about $150. When I told her that she couldn't do that since the lease requires a 30 day written notice by her, she claimed that they put it on the door. When I asked if she personally put it there, she said no that the state highway patrol man who lives in the apartment complex does that. I asked her to have him call me and its been a week and no call. She said that if someone took it off our apartment door, "It wasn't her problem."

Our real estate agent said that she talked to the attorney handling our house closing and he said that there is no reason they couldn't give us a prorated amount for October and that he would take care of it and also mention her refusal to accept my 30 day notice.

We haven't heard from anyone and are getting a little nervous. Anyone know what options we could take?

What makes me the most mad is that I know she is not telling the truth about the rent increase notice that was supposedly posted on our door. A friend of ours who is an apartment manager elsewhere says that her company requires that they keep a copy of any notice they send tenants. If she at least showed us a copy that was put in our file it would be more believable.

[chap]

I don't know what the fine print in your lease agreement says. I do know that my one son had a lease agreement for a year at a time. The 3rd year he didn't renew his lease when it ran out and shortly after he got a notice to move out in 30 days because the owner decided to move back in. Do you know any friends that are attorney's to get some legal advise? Hope things work out for the good. Good Luck Chap!

[john gault]

Shes blowing smoke - You gave 30 days notice and the upgrade in rent $ is a ploy to create a problem. Go above her head and write a letter to either the management group or the Ohio Attorney General.

I say relax and congrats on your new home!

[The Butler]

Contact your local Fair Housing Department.

[Obie Wan]

1. She's being an ass.
2. Take Butler's advice.
3. Her claim of "a note on the door" is bogus. Tell her that you pinned your first termination notice on her door in August. After you received no acknowledgement, you sent a second notice on 9/4.
4. Read your lease carefully. Is there an automatic renewal clause? If not, your lease may be up on 9/30, period. That is, there may be an implicit termination that does not require specific notice from you. Without a signed extension, there may be no way that she has a right to assume that you would be there in October. As such, she would have no right to demand any money at all for October.
5. Don't pay her a dime for October unless you are legally compelled to do so. Don't pay her at the current rate, don't pay her at the higher rate.
6. I assume that she has a deposit from you. She will probably try to keep it. Therefore, document the condition of the apartment when you leave. Take pictures of every room. Make it very clear to her that you expect that your deposit will be refunded, and that you are prepared to contest any attempt to keep it.

Good luck.

[austinsm11]

The lease says that it will be renewed automatically on a month-to-month basis unless either:
1. Either party provides a 30 day written notice prior to the end of the initial term (which neither of us did).
2. Lessor provides 30 days written notice that renewal shall be at a different stated monthly rate AND resident has ten days after receipt of the notice to provide Lessor with intent to vacate the premises at the end of the term.

THe problem is that she says that she had the state highway patrolman who lives in the apartment complex do these types of things. She has not offered to show us a copy of the notice that was supposedly put on our door. I asked her to have the state highway patrolman contact us, which has been a week and no phone call. I also have somewhat of a problem with this situation. I believe that he is given a discount to patrol around the parking lot and do these types of things. Would he tell the truth about this type of matter when he is being compensated with a reduction in rent?

The lady below us is moving out this weekend. Her job transfered her. She had signed a year lease and asked how she could get out of it. She would have to keep paying rent until the apartment was rented out again. The apartment manager never gave me that option. She just said that she wouldn't accept my 30 day notice because we would have to stay until the end of October and the notice listed October 4 as our last day. I guess the apartment manager called the lady below us the other night and asked how soon she could be out because they had someone interested in renting it and she would not have to pay for the rest of the lease.

I guess my biggest question is does sticking the corner of a notice in the number of my apartment door considered legal and legit way to give notice. This is how we are given news letters, pest control info, and discounts for renewing our lease. It seems like we have always gotten these notices and this is the reason why I think she is lying about giving us the written notice about our rent increase. But if someone wanted to it could easily be taken.

Thanks for the suggestions!

[Obie Wan]

It sounds to me like you're in the clear. Follow with me here:
- She contended that you were notified of an impended rent increase.
- Assume that's true. According to the lease, your resulting 9/4 notice to vacate satisfies the terms on the lease.

In order to cover yourself, I would suggest that you request/demand a dated, written copy of the notice to raise the rent. Stand there while she writes it - hand-written is fine. Come back the next day with a dated a copy of your intent to vacate because of the rent increase. This should satisfy the terms of the lease and leave you free to move without any obligation for October.

You'll probably still have to fight about the deposit though - don't forget the pictures, and make her specifically note and document any damage that she alleges you caused.

[mrstigger1983]

If you give a 30 day notice, there shouldn't be any problem. If you are out before the beginning of the month, you shouldn't have to pay anything. At my apartment, when you first move in you are REQUIRED to stay one (1) year. After that it is montH to month. We are to hand delivery a letter stating the date we will be moving out. If it is in the middle of the month, our rent will be prorated.

I think she is screwing you over. I would get an attorney. I agree about taking pictures of the apartment before you move out. A co-worker of mine lived in an apartment before she got married. The apartment complex said that her apartment had holes in the wall, etc. She had taken pictures of her apartment and she went to small claims court to get her deposit back. The aparment complex/management had to give back her deposit plus court costs.

[longtimefirsttime]

I feel for you austinsm11. I've had two dishonest landlords that tried to keep my secuity deposits for "made up reasons." I took one to small claims court and won. The other simply paid me my deposit when they determined going to court wasn't worth their time.

I've also had a few decent landlords through the years. They should prorate you for the month of October.

[austinsm11]

We are still waiting for the attorney who we will be closing on the house with to get back to us. He sent her a letter, but I am not exactly sure what it said. He was then going to call.

For some reason in North Carolina they do not prorate your rent when you move out, only when you move in. If we move out on October 4th, we then have to pay for the whole month of October. She tried to tell me that was the law for the whole country. I was like, I did't have this problem back in Ohio. How would you know what the law is around the rest of the country and that shut her up.

As long as 30 days notice is given, I don't understand what the big deal is. Our friend who works at another aparment said that although that is the law in NC with some types of leases, she has never heard of apartments actually following through with it.

My wife was like, "I can't believe you are doing this to us. We have had so many problems with the satellite (included in rent) and it took 2 months for you to fix a shelf in the closet."
The lady then said, "It sounds to me like just a bunch of complaints when tennants don't get their way." What a jerk.