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re: Dispute with apartment about lease agreement
Posted on 5/22/24 at 9:51 am to CockyTime
Posted on 5/22/24 at 9:51 am to CockyTime
quote:
Also the fact that they gave you renewal options
They conveniently waited to within the 60 days to give renewal options, not 2 months ago when he asked about it. It's a plausibly deniable trap.
2
Posted on 5/22/24 at 9:53 am to fr33manator
Kill them with kindness, reminding them you told them you wouldn't extend stay ahead of the 60 days. How else would they have known to send you info later.
Posted on 5/22/24 at 9:53 am to Delacroix22
I guarantee your lease has wording about automatically going month to month at expiration and requiring that 60 day notice.
But the timing of your renewal paperwork may help you. If it dated within that 60 day notice I’d use that.
Is this a big corporate complex?
But the timing of your renewal paperwork may help you. If it dated within that 60 day notice I’d use that.
Is this a big corporate complex?
Posted on 5/22/24 at 9:55 am to teke184
quote:
If it is month to month, it means he doesn’t really need to give much notice now does he?
He is not currently under a month-to-month agreement. Under his current lease agreement, he needed to give notice that he intended to vacate and it appears that he did not.
Any reasonable landlord would assume he intended to stay and go month-to-month.
Posted on 5/22/24 at 9:56 am to Delacroix22
If your lease requires 60 days notice, then why didn't you give the notice if your intention was to move out?
When they said they'd send you options, why didn't you respond that you didn't need options because you are moving out when the lease expires?
I think you assumed you were clear to move when the lease expired and failed to give them required notice.
That's what your post basically says.
When they said they'd send you options, why didn't you respond that you didn't need options because you are moving out when the lease expires?
I think you assumed you were clear to move when the lease expired and failed to give them required notice.
That's what your post basically says.
This post was edited on 5/22/24 at 9:57 am
Posted on 5/22/24 at 9:58 am to Delacroix22
You're really going to really love it when they hit you with a cleaning charge.
Posted on 5/22/24 at 10:00 am to Delacroix22
quote:
Thoughts?
It would be nice if there were some sort of written agreement that lays out the terms of the lease.
Posted on 5/22/24 at 10:00 am to Dadren
quote:
Any reasonable landlord would assume he intended to stay and go month-to-month.
why is that? he asked about it expiring. i think it's reasonable that the landlord could have assumed all options were on the table. and a landlord with scruples would have either responded quickly with the renewal options or to be honest, reminded them that if they intend to leave, they need to give notice.
but we all know it's about getting as much money as possible and not reminding him of that, while certainly not the landlords duty in any fashion, would cause a default windfall for the landlord regardless of what he chose after the 60 day window closed.
Posted on 5/22/24 at 10:03 am to Delacroix22
quote:
It seems that they intentionally obfuscated the fact that I need to TELL them that yes my lease expires and I'm moving out.... they should have included that in the email about my lease terminating. It just seems so greaseball and fricked up.
That, or you didn’t read the fine print in your rental agreement.
I’m guessing it’s the latter.
Posted on 5/22/24 at 10:03 am to poochie
But did he ask in writing? No.
Nothing verbally counts. I also guarantee the lease says that.
Nothing verbally counts. I also guarantee the lease says that.
Posted on 5/22/24 at 10:04 am to poochie
quote:
why is that? he asked about it expiring. i think it's reasonable that the landlord could have assumed all options were on the table. and a landlord with scruples would have either responded quickly with the renewal options or to be honest, reminded them that if they intend to leave, they need to give notice.
but we all know it's about getting as much money as possible and not reminding him of that, while certainly not the landlords duty in any fashion, would cause a default windfall for the landlord regardless of what he chose after the 60 day window closed.
Pretty much this
Sure.. frick me for not reading my contract...
But what chaps me is I asked about when my lease expires and they just sent me the date and "we will send you some renewal options later".... and sure they weren't required to tell me "if you intend to move out you must let us know way in advance".... but leaving that part out and not emailing me about renewal options until that 60 day window had passed seems pretty slimy.
Posted on 5/22/24 at 10:04 am to Cdawg
quote:
You're really going to really love it when they hit you with a cleaning charge.
oh yeah, that cleaning deposit is a gone pecan....
Posted on 5/22/24 at 10:05 am to poochie
quote:
They conveniently waited to within the 60 days to give renewal options, not 2 months ago when he asked about it. It's a plausibly deniable trap.
Maybe. There are definitely shady apartment managers out there. There are also incompetent ones, so who knows.
Ultimately it’s on the tenant to know what he’s obligated to do per his lease in this situation.He’s supposed to know when his lease expires, so it’s not exactly the apartment’s responsibility to serve up renewal options to him at a time that works for him.
Posted on 5/22/24 at 10:05 am to Delacroix22
quote:
They hit me with some "we need a 60 day notice before you leave"
Most leases pretty clearly state that you have to give advanced notice if you are not renewing your lease.
I've always received a reminder a month before that advanced notice cut off with potential renewal options.
If your lease doesn't contain an advanced notice requirement, then just show them that. If it does require one, you should have let them know ahead of time instead of waiting on them to send renewal options.
Posted on 5/22/24 at 10:07 am to Dadren
quote:A reasonable landlord would have presented the tenant with their renewal options BEFORE they were already less than 60 days from the lease expiration.
Any reasonable landlord would assume he intended to stay and go month-to-month.
OP needs to re-read his lease and see if there's anything in there that specifies that the landlord is supposed to provide the lease renewal options with at least a certain amount of time prior to the expiration. If the tenant has to give 60 days notice when planning to move out, then the landlord should have to provide at least that much notice for any change in the terms for lease renewal.
Posted on 5/22/24 at 10:08 am to Dadren
quote:
Ultimately it’s on the tenant to know what he’s obligated to do per his lease in this situation. He’s supposed to know when his lease expires, so it’s not exactly the apartment’s responsibility to serve up renewal options to him at a time that works for him.
i don't disagree. if he never asked anything 2 months ago, cut and dry, pay that man his money. but he did ask something which i think they should take into account and say "you know, you're right, let's work something out."
No doubt it costs them money to advertise an opening on short notice, but it's probably not the full price.
Everything's negotiable.
Posted on 5/22/24 at 10:08 am to Delacroix22
quote:
and sure they weren't required to tell me "if you intend to move out you must let us know way in advance".... but leaving that part out and not emailing me about renewal options until that 60 day window had passed seems pretty slimy.
“Pretty slimy” and well within their rights are two separate things.
You don’t really have a leg to stand on here.
Posted on 5/22/24 at 10:08 am to poochie
quote:
why is that? he asked about it expiring. i think it's reasonable that the landlord could have assumed all options were on the table.
The default option is month-to-month and enough people do that to where I wouldn’t expect a landlord to try to read his tenants’ minds.
Again, the OP is an equal party to this agreement and has just as much access to information as the apartment manager does. It’s the OP’s responsibility to act in his own interest, that’s not on the apartment complex.
Posted on 5/22/24 at 10:10 am to Dadren
quote:
The default option is month-to-month and enough people do that to where I wouldn’t expect a landlord to try to read his tenants’ minds.
Again, the OP is an equal party to this agreement and has just as much access to information as the apartment manager does. It’s the OP’s responsibility to act in his own interest, that’s not on the apartment complex.
Jesus, dude... no one is denying that.
Posted on 5/22/24 at 10:10 am to Delacroix22
quote:If you actually learn this lesson and don’t blame shite, you’ll save more in your lifetime than this relatively inexpensive lesson.
Sure.. frick me for not reading my contract...
Also, if you talk to the right people, you can probably get out of this payment.
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