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re: Dispute with apartment about lease agreement

Posted on 5/22/24 at 10:11 am to
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
31457 posts
Posted on 5/22/24 at 10:11 am to
quote:

It just seems so greaseball


Posted by TackySweater
Member since Dec 2020
12771 posts
Posted on 5/22/24 at 10:12 am to
quote:

Decent mgmt should accept that as a notice that you weren't renewing


bullshite lol

He simply asked when his lease was up. There seems to be no indication of not renewing. They have no idea if he’s not renewing, if he’s clueless and just doesn’t know when it expires, etc.
Posted by TackySweater
Member since Dec 2020
12771 posts
Posted on 5/22/24 at 10:14 am to
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.

Lol. They are under no obligation to babysit brown adults on lease terms.
Posted by Dadren
Jawja
Member since Dec 2023
1113 posts
Posted on 5/22/24 at 10:15 am to
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.

Why is this the landlords responsibility when going month to month (which requires no action from anyone) is a valid option?
Posted by TackySweater
Member since Dec 2020
12771 posts
Posted on 5/22/24 at 10:15 am to
quote:

reminding them you told them you wouldn't extend stay ahead of the 60 days.


But he didn’t do this lol
Posted by Chucktown_Badger
The banks of the Ashley River
Member since May 2013
31457 posts
Posted on 5/22/24 at 10:17 am to
If OP hasn't signed on a new place yet, just stay there for whatever the 60 day window is and sign for a new place that starts at the end of that period. That way you still have a place to live and aren't paying two rents.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51512 posts
Posted on 5/22/24 at 10:18 am to
quote:

They sent me some renewal options two weeks ago, to which I responded "I will not be renewing my lease"

They hit me with some "we need a 60 day notice before you leave" to justify that now instead of my lease terminating June 20 it now terminates July 14th.... and I will owe them an extra $2000 because that is what the rent amounts to as a "month to month" to cover the difference between June 20 and July 14.


60 day notice and automatically converting to month-to-month is pretty damn standard for apartments.

It's literally on the first page of my lease, reading it now. It even gives the criteria for what is needed for the move-out notice. I bet your lease has this, also.
This post was edited on 5/22/24 at 10:25 am
Posted by Dadren
Jawja
Member since Dec 2023
1113 posts
Posted on 5/22/24 at 10:19 am to
quote:

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"

Dude…I get being upset but why on earth would you not reply immediately and tell them “no need, I’m moving on [date]”??
Posted by Aspercel
Member since Jan 2009
107177 posts
Posted on 5/22/24 at 10:20 am to
Also… told.

That’s not a valid notice even if he did say “I’m giving you my notice right now”.

With a 60 day notice, this is probably a large complex run by a large management company, so no amount of “talking to the right person” will help. They can’t let him out then not do the same for anybody else.

If, and it is a big if, he has his renewal options (first notice, not second or third) dated during that 60 days of his lease ending he can bring that paperwork in and say they didn’t give him 60 days notice of his lease changing (price differences).
Posted by TackySweater
Member since Dec 2020
12771 posts
Posted on 5/22/24 at 10:21 am to
quote:

Dude…I get being upset but why on earth would you not reply immediately and tell them “no need, I’m moving on [date]”??


This is all really simple.

OP had no idea of the 60 day notice and drug his feet on this just assuming he can move out on expiration.
Posted by Delacroix22
Member since Aug 2013
3997 posts
Posted on 5/22/24 at 10:24 am to
quote:

OP had no idea of the 60 day notice and drug his feet on this just assuming he can move out on expiration.



yeah pretty much this

oh well
Posted by jchamil
Member since Nov 2009
16651 posts
Posted on 5/22/24 at 10:27 am to
quote:

Decent mgmt should accept that as a notice that you weren't renewing.


What if they leased out the apartment and OP had intended to stay? They can't just terminate a lease on a hunch the tenant wants to leave.
Posted by Dadren
Jawja
Member since Dec 2023
1113 posts
Posted on 5/22/24 at 10:27 am to
quote:

yeah pretty much this

Well, lesson learned.

Yeah I’d just talk to them and be extra polite and own what happened 100%. If you’ve been a decent tenant, odds are they’ll let you off the hook, or just charge you a prorated amount that comes out to the difference between when you move and when they get a new tenant in (which will probably be days or maybe a week or two).
Posted by dcrews
Houston, TX
Member since Feb 2011
30237 posts
Posted on 5/22/24 at 10:33 am to
quote:

What if they leased out the apartment and OP had intended to stay? They can't just terminate a lease on a hunch the tenant wants to leave.


They aren't terminating the lease, it would be expiring.

The lessor also gave the OP options to stay once he said he would be moving out.

It's also not a hunch. They had criteria to be met if the tenant wanted to stay. Those were not met, so the assumption is the tenant is not staying once the lease expires.
This post was edited on 5/22/24 at 10:35 am
Posted by WDE24
Member since Oct 2010
54193 posts
Posted on 5/22/24 at 10:36 am to
quote:

They aren't terminating the lease, it would be expiring.
per the terms op agreed to, the lease doesn’t terminate on expiration of the initial term. The term changes to month to month. No one terminated the lease per the agreed upon terms, so it continues and he owes the money and is entitled to occupy the premises for another 30 days.

Hopefully he can negotiate a resolution otherwise, but this situation is 100% his own fault.
This post was edited on 5/22/24 at 12:11 pm
Posted by Tigers4Lyfe
Member since Nov 2010
4619 posts
Posted on 5/22/24 at 10:37 am to
Any termination notice should have been in the initial agreement. Is it?
Posted by Tiger Prawn
Member since Dec 2016
22048 posts
Posted on 5/22/24 at 10:37 am to
quote:

Why is this the landlords responsibility when going month to month (which requires no action from anyone) is a valid option?
Depends.

Is the month to month rent price still the same as what the month to month rate back when the lease was signed? Probably not. So the landlord has a responsibility to provide sufficient notice in changes in terms. Its chicken shite to require the tenant give 60 day notice but not expect that the landlord also give 60 day notice if anything was changing on terms or rent rates.

If the "month to month" rate today is still the same as when the lease was signed, then I'd agree with you
Posted by el Gaucho
He/They
Member since Dec 2010
53474 posts
Posted on 5/22/24 at 10:38 am to
Aren’t you like 35? Why do you live in an apartment?

Damn you’re bald aren’t you
Posted by Aspercel
Member since Jan 2009
107177 posts
Posted on 5/22/24 at 10:42 am to
Not if he didn’t give his intent to vacate in writing
Posted by Tigers4Lyfe
Member since Nov 2010
4619 posts
Posted on 5/22/24 at 10:43 am to
quote:

eh, i'm one that always says read your contract but this is ticky tack if they come back to you on it. you asked about the lease ending. No, you didn't say specifically "I am leaving my lease in 2 months". I feel like what you said should suffice, especially considering that they said they'd send some other stuff. Then they drug their feet into within the 60 day period.
bullshite. Asking if a lease expires could easily be construed that I want to know if it's about to expire so I can renew.
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