FundRobot » Trust Funds » Hello, This is a question about my lease.?

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Old   #1 (permalink)
 
Posts: 2,616
Default hello, this is a question about my lease.

Hello,

I rented an apartment 6 months ago on a 6 month lease. The lease was up on January 30th. I paid the rent on time through January 30th.

On January 30th. I told the office that I would be out on the fifth. They told me that I did not give a 30 day notice. They are correct. They also told me that because I did not give a 30 day notice they can charge me another months rent whether I leave by the fifth of the month or stay in the unit for the whole month and give a 30 days notice.

I said that I would like to leave the unit by the 5th and that the lease does not state that they can charge me another months rent if I leave by the fifth, it only states that I would lose my security deposit if I don't give a 30 days notice. They stated that I was wrong and said that if I were to leave by the fifth that they would charge me another months rent.

I said fine. I thought that maybe I was wrong about what the lease actually said, so I then asked if I could leave on the 5th and make a payment arrangement for the extra months rent they said they were going to charge me. They said no, and that the full amount of February's Rent would go to collections.

I told them that I wanted to leave on the 5th and asked if I could just come into the office on the 19th of February and make the payment for February's rent that they were going to charge me for not giving a 30 days notice. They said no it would be sent to collections and it would be placed on my credit. They then stated that I would be charged anyway, so I might as well stay another month and give a 30 days notice.



I then stated that I could not pay the rent until the 19th anyway because that is when I get my student loans. They said it was okay that they could make a payment arrangement for the 19th but that they would give me a 5 day pay or quit notice and would file it if I did not pay on the 19th. I wrote out a 30 days notice and the next day I signed the 5 days notice.

I asked the manager if she would give me something in writing saying that we had a payment arrangement for the 19th with late fees and that she stated that she would not file the 5 day notice with the court until after the 19th. She said she would not, she said that she was trusting me to fulfill our payment arrangement for the 19th, so I would have to trust her.

I still do not believe that my lease states that they can charge me another months rent for not giving them 30 days notice. Since they would not put the payment arrangement in writing I would like to leave on the on or before the tenth after the 5 day notice is up. My question is does my lease say this? This is how it is worded:

The initial rental term shall commence on the 18th day of July 2013, and will end on the 30th day of January, 2014. Occupancy will start on the commencement date unless the premises are not ready for occupancy. Owner shall not be liable for any damages in the event the premises are not available for occupancy on the commencement date. This agreement will automatically renew on a month to month basis unless written notice of termination is given by either party at least thirty days before the initial term ends. The above month to month fee shall be added to the monthly rent in the event Resident remains in the premises after the expiration of the term. Additionally, Owner may increase the monthly rent in the event Resident rent on a month to month tenancy, such tenancy shall then terminate only on the last day of a month. The Lease Initiation Fe above shall be paid upon execution of this agreement and shall be deemed consideration for the institution of this agreement and is not a deposit.

At least thirty days written notice of intent to vacate must be given to Owner's representative by resident prior to move out. In the event of a month to month tenancy, the agreement term shall extend to, and the rent shall be paid through the last day of the calendar month; in other words, the last month's rent must be a full month without an pro-ration. This lease may only terminate on the last day of the month.

Owner acknowledges receipt of amount established above from Resident as a Security deposit. Should the resident not fulfill the terms of this agreement, or fail to give the required 60 day written notice, Resident agrees to forfeit their security deposit in full. Any charges for damages and or fees will be in addition to the amount of the forfeited deposit. (I think that 60days may be a typo, I think that maybe it's supposed to say 30days at this part)

Another question is if I leave on or before the 10th can they make me pay a full months rent and if I pro rate the rent for the 10 days and try to pay for the 10 days can they refuse payment and put the full amount of the rent on my credit report? This is for February's rent, I paid through January and wanted to leave on the 5th and forfeit the security deposit for not leaving a 30 days notice.
TvShows3 is offline   Reply With Quote
Old   #2 (permalink)
 
Posts: 2,643
Default hello, this is a question about my lease.

Here's teh clause:

At least thirty days written notice of intent to vacate must be given to Owner's representative by resident prior to move out. In the event of a month to month tenancy, the agreement term shall extend to, and the rent shall be paid through the last day of the calendar month; in other words, the last month's rent must be a full month without an pro-ration. This lease may only terminate on the last day of the month.

You are month to month - you must give 30 days notice to terminate the lease and it must run through the last day of the calendar month. This means that when you told them on January 30 you were moving out, you were providing them the 30 day notice with the lease expiring on February 28th. Going month to month does not waive he requirement for a 30 day notice and the lease clearly states this. You pay through the end of February. Go to court on this and you lose.

For future reference, these clauses in a lease protect you and the landlord - it protects the landlord from someone just up and moving without adequate notice to advertise and re-rent the apartment and it protects you from the landlord walking in and telling you that you have 5 days to move out.
Happiness45 is offline   Reply With Quote
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Old   #3 (permalink)
 
Posts: 2,512
Default hello, this is a question about my lease.

30 days notice was required. You admit that you did not give that. You owe for the full month.

I didn't see a state. Only California allows mid-month notice and pro-ration of rent. All other states deal with notice at the beginning of the rental period with full months only.

I'm not sure what that nonsense is about going directly to collections. They can't send you to collections if you pay on time. They can't refuse payment. Cover yourself by sending payment via certified letter. If they do send it to collections then you have a case against the complex.
PC_4Ever is offline   Reply With Quote
Old   #4 (permalink)
 
Posts: 2,616
Default hello, this is a question about my lease.

Yes you owe a full months rent whether you are there or not. Your lease says that you need to give 30 days notice AND that the lease must end on the last day of the month (I've never seen this before). The security deposit is to cover damage, and will be returned to you after the landlord has verified condition of the apt. The lease probably also states that security deposit cannot be used to cover rent, and that you need to give them your new address to receive the security deposit back.
If your landlord is able to rent it out again before the end of the month, I believe they are required to return some funds to you because they cant charge twice for the same apt - ask the landlord nicely if this is a possibility.
TvShows3 is offline   Reply With Quote
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