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Rent question...Should I fight the system?

Posted on 1/21/16 at 3:27 pm
Posted by Tassin13
Baton Rouge
Member since Jul 2015
63 posts
Posted on 1/21/16 at 3:27 pm
A year ago I signed a 6 month lease with a shitty apartment complex. After these six months of rent were paid and complete we decided to go on a month to month rent basis. We never signed any kind of agreement or month to month "lease". We moved out of our apartment on May 1st and we didn't pay May rent without giving a 30 written notice. In April, we had a face to face notice saying we were getting out and not paying may rent. This shitty apartment complex has since been bought out by some sort of real estate agency. These new people are now calling saying I owe May rent and that if it is not paid that they would send it to collections and it would effect my credit. They're saying since I didn't sign a lease for month to month that after my 6 month lease was up, it automatically goes into a month to month payment plan agreement. I'm skeptical of believing that this is true.

What do I do here? Should I fight the system and claim that I never signed any kind of agreement for a month to month renting basis or should I just go ahead and pay the $625?
This post was edited on 1/21/16 at 3:48 pm
Posted by boosiebadazz
Member since Feb 2008
80158 posts
Posted on 1/21/16 at 3:28 pm to
the word you need to become familiar with is "reconduction"
Posted by LSUBoo
Knoxville, TN
Member since Mar 2006
101915 posts
Posted on 1/21/16 at 3:29 pm to
That's why you always put it in writing. You're probably screwed unless the person you had the face to face can be found and vouches for you.

quote:

They're saying since I didn't sign a lease for month to month that after my 6 month lease was up, it automatically goes into a month to month payment plan agreement. I'm skeptical of believing that this is true.


I think that's pretty common.
Posted by sullivanct19a
Florida
Member since Oct 2015
5239 posts
Posted on 1/21/16 at 3:29 pm to
Posted by FreddieMac
Baton Rouge
Member since Jun 2010
20962 posts
Posted on 1/21/16 at 3:29 pm to
pay it.
Posted by SG_Geaux
1 Post
Member since Aug 2004
77927 posts
Posted on 1/21/16 at 3:29 pm to
Every complex I have seen require some kind of notice that you are moving out.

You should have talked to them before you moved out.

You can bet this was covered in the original paperwork you signed.
Posted by Gr8t8s
Member since Oct 2009
2579 posts
Posted on 1/21/16 at 3:30 pm to
This is the OT, brah. We don't pay rent on anything. We own shite.
Posted by John88
Member since Sep 2015
6198 posts
Posted on 1/21/16 at 3:30 pm to
Yeah, definitely should have something written. Or...just burn it to the ground.
Posted by threeputt
God's Country
Member since Sep 2008
24791 posts
Posted on 1/21/16 at 3:30 pm to
Need to see the lease. Must state that after the initial term it goes into a month to month lease
Posted by AjaxFury
In & out of The Matrix
Member since Sep 2014
9928 posts
Posted on 1/21/16 at 3:30 pm to
Dude. I would consider paying the $625

These slum lords have lawyers in droves, and when they take you to court, that $625 will be over $2k after they ask for legal fees. F those kinda ppl who conduct business like that
Posted by GaryMyMan
Shreveport
Member since May 2007
13498 posts
Posted on 1/21/16 at 3:31 pm to
At least provide the PDF... LINK
Posted by its1999
Member since Aug 2009
1039 posts
Posted on 1/21/16 at 3:31 pm to
You got a copy of original lease agreement? Most have a section addressing the month to month agreement that typically stands after initial rental period is up. If it's in there & you didn't give 30 day notice, you're on the hook. You may be able to get out of it since previous rental agreement was not with this company tho.
Posted by JohnnyKilroy
Cajun Navy Vice Admiral
Member since Oct 2012
35287 posts
Posted on 1/21/16 at 3:31 pm to
quote:

Need to see the lease. Must state that after the initial term it goes into a month to month lease



Not in LA.

If you continue living somewhere after the lease ends it automatically goes to month to month.
Posted by Johnny3tears
Somewhere in La
Member since Jan 2012
2814 posts
Posted on 1/21/16 at 3:32 pm to
I don't know how all places work but every place that I have ever rented from went to a month to month lease after the year was up.
Posted by boosiebadazz
Member since Feb 2008
80158 posts
Posted on 1/21/16 at 3:32 pm to
I was going to link the Code

OP, start at Louisiana Civil Code article 2721 and go from there.
Posted by Mad_Mardigan
Baton Rouge
Member since Aug 2012
1924 posts
Posted on 1/21/16 at 3:33 pm to
quote:

Every complex I have seen require some kind of notice that you are moving out.


This. I'm sure there was something in the original lease about going month to month once the original lease ended. You always need to give notice. Even if you think the place sucks or not.
Posted by sullivanct19a
Florida
Member since Oct 2015
5239 posts
Posted on 1/21/16 at 3:33 pm to
what does the lease say?
Posted by its1999
Member since Aug 2009
1039 posts
Posted on 1/21/16 at 3:37 pm to
Also, f the a-holes like you that are wishy washy about a move out date, consider verbal the same as written notice, etc. Had to argue with a shitty tenant of mine whose deposit I kept most of. He said they will probably be moving out soon. Stop by my property after calling to find out when - already happened. And they'd cut off electricity but didn't empty fridge and freezer. Damn near ruined my floor with that melted ice from icemaker.
Posted by Boudreaux35
BR
Member since Sep 2007
21406 posts
Posted on 1/21/16 at 3:41 pm to
quote:

since I didn't sign a lease for month to month that after my 6 month lease was up, it automatically goes into a month to month payment plan agreement.


I bet if you pull out your signed 6 mo lease, it probably states that exactly. If you were not completely vacated by the 1st, you're gonna owe.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37007 posts
Posted on 1/21/16 at 3:46 pm to
Read your lease, it covers all of this.

Generally, residential leases automatically become month to month after the expiration of the lease term. Your actually staying in the apartment, and them letting you stay, constitutes agreement.

Generally, 30 days WRITTEN notice is required to end a lease, even if the lease has become month to month via staying in the apartment.

Is the person you spoke with telling them you were leaving still with the new company?

If the company calls you again, I would demand that they send to you proof that you owe them any money. They will have to dig up the old lease and have to dig up proof that you lived there, when you moved out, etc. I would also ask them for their address on the same call. After the call, send them a certified letter asking for the same, and demanding that they not contact you again until they provide the requested documentation.
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