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re: Dispute with apartment about lease agreement
Posted on 5/22/24 at 10:47 am to Tiger Prawn
Posted on 5/22/24 at 10:47 am to Tiger Prawn
quote:
So the landlord has a responsibility to provide sufficient notice in changes in terms.
Without seeing the OP’s lease I can’t say for certain, but all the apartment leases I’ve had specified that the month-to-month happens “by default”. So it’s not a change in terms, it’s baked into the agreement you sign.
0
Posted on 5/22/24 at 10:49 am to TackySweater
quote:
They are under no obligation to babysit brown adults on lease terms.
OP is black?
Posted on 5/22/24 at 10:56 am to dcrews
quote:
They aren't terminating the lease, it would be expiring.
Termination clause, not expiration clause.
quote:
the assumption is the tenant is not staying once the lease expires.
The assumption is that tenant is staying month to month...like the lease says.
Posted on 5/22/24 at 10:56 am to Delacroix22
quote:The fact that they mentioned sending you renewal options should have made a lightbulb go off in your brain that they understood your inquiry about expiration to mean that you are wanting to get ahead of renewal before expiration.
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 truthfully, you can't expect them to make a correct assumption on anything. You wouldn't want to have to do so either if the roles were reversed.
That's why print clearly says what one must do. So that there are no misunderstandings.
Because when there are misunderstandings, that's when legal shite starts happening and lawyers get rich.
This post was edited on 5/22/24 at 11:35 am
Posted on 5/22/24 at 11:06 am to el Gaucho
quote:
Aren’t you like 35? Why do you live in an apartment?
Damn you’re bald aren’t you
I'm bald and poor
Not all of us are rockstars
Posted on 5/22/24 at 11:17 am to Delacroix22
Most, if not all apt complexes, require a 60 day notice. It’s usually stated in your lease when you signed. Nothing you can really do about it.
Posted on 5/22/24 at 11:17 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...
By putting it in writing under a likely Notice of Termination provision
Posted on 5/22/24 at 11:24 am to Delacroix22
Depending on what state youre in i think they may have to give you some time from notice if theyre changing the terms of your lease.
Its annoying they pulled this stunt on you but its also on you for dragging your feet. the terms were 100% in your lease.
Its annoying they pulled this stunt on you but its also on you for dragging your feet. the terms were 100% in your lease.
Posted on 5/22/24 at 11:29 am to The Torch
The lease end date should supercede the 60 day notice. That's automatic, unless there is an auto-renew clause. If there is any ambiguity, it's in your favor, exploit it.
Posted on 5/22/24 at 11:34 am to LasVegasTiger
quote:
I emailed the office asking them to confirm my lease expiration date nearly 2 months ago...
quote:
So you didn't give them 60 day notice.
I mean, he could argue that that email was his notice
but yeah folks, read your leases carefully!
Posted on 5/22/24 at 11:36 am to Bunsbert Montcroff
quote:And lose.
I mean, he could argue that that email was his notice
Posted on 5/22/24 at 12:10 pm to Aspercel
quote:
But did he ask in writing? No.
Nothing verbally counts. I also guarantee the lease says that.
Emails are typically accepted as written record. But the issue is that OP didn't mention non-renewal in his original email as has been pointed out.
Posted on 5/22/24 at 12:15 pm to Delacroix22
The last time I rented they requested a written notice. I wrote them a letter 60 days in advance. I didn't just send them an email and not share with the OT what exactly was in the email.
If all you did was email and say you're moving out on June 20th and they wrote you back about renewal options then it sounds to me like you should have followed up and you have no one to blame but yourself for being lazy.
If all you did was email and say you're moving out on June 20th and they wrote you back about renewal options then it sounds to me like you should have followed up and you have no one to blame but yourself for being lazy.
This post was edited on 5/22/24 at 12:17 pm
Posted on 5/22/24 at 12:15 pm to Delacroix22
quote:
They sent me some renewal options two weeks ago, to which I responded "I will not be renewing my lease"
This shoulda been said in your first email.
Posted on 5/22/24 at 12:19 pm to KamaCausey_LSU
Exactly. Therefore, it was not a written notice to vacate.
Posted on 5/22/24 at 12:19 pm to Delacroix22
Does your lease agreement state that you need to give an official 60 day notice to
Them?
ALONG with a clause stating that it auto-renews for 30 Day/month to month increments on a month to month basis, if you do not give the 60-day notice?
If you have both of these clauses in there that it goes to a month to month basis UNLESS one party or the other moves to vacate or evict, then you technically could/would be on the hook for not giving official notice.
It would be a jerk move on their part, but they have standing if the clauses match what I’m saying.
And just by asking them what you asked them, you technically did not state you were moving out and giving 60 days.
So they would likely be able to make that claim and win.
I used to have my Realtors License back in the day, but mainly did it for myself and investments, but do have some past experiences and knowledge on the subject.
Hope this helps you figure it out.
But at the very least, you need to give them official notice or your clock will keep
On ticking. And Once you give them notice, then you are officially admitting that you will pay for the remainder of those
60 days. I don’t see an out for you other than being nice and asking them
If they will split it in half.
The biggest clause is whether it states that it auto-renews on a month to month basis and with 60 days notice.
Them?
ALONG with a clause stating that it auto-renews for 30 Day/month to month increments on a month to month basis, if you do not give the 60-day notice?
If you have both of these clauses in there that it goes to a month to month basis UNLESS one party or the other moves to vacate or evict, then you technically could/would be on the hook for not giving official notice.
It would be a jerk move on their part, but they have standing if the clauses match what I’m saying.
And just by asking them what you asked them, you technically did not state you were moving out and giving 60 days.
So they would likely be able to make that claim and win.
I used to have my Realtors License back in the day, but mainly did it for myself and investments, but do have some past experiences and knowledge on the subject.
Hope this helps you figure it out.
But at the very least, you need to give them official notice or your clock will keep
On ticking. And Once you give them notice, then you are officially admitting that you will pay for the remainder of those
60 days. I don’t see an out for you other than being nice and asking them
If they will split it in half.
The biggest clause is whether it states that it auto-renews on a month to month basis and with 60 days notice.
Posted on 5/22/24 at 12:23 pm to Delacroix22
quote:
I'm bald and poor
You're poor because you're stupid. Congrats on giving away $2K.
Posted on 5/22/24 at 12:45 pm to dcrews
quote:
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
That's actually not correct at all. Until you provide written notice of a move out date, the assumption is that you are staying and would then be living there without a lease. Month to month only applies to rent prices, typically. It doesn't usually apply to giving notice of moving out.
Asking questions about your lease ending and how much it would be to continue don't equal giving notice. I'd say it's highly unlikely that any apartment or landlord will let the 60 days slide.
Posted on 5/22/24 at 12:54 pm to GetCocky11
quote:
60 day notice and automatically converting to month-to-month is pretty damn standard for apartments.
Yep. It’s on just about every apartment lease. Now where the apartment may screw up is that there should also be a month to month amount listed on the original lease. This is the amount they should be charging. You will see a lot of apartments try to sneak in the “current” month to month rates.
Posted on 5/22/24 at 1:01 pm to BigBinBR
quote:
Yep. It’s on just about every apartment lease. Now where the apartment may screw up is that there should also be a month to month amount listed on the original lease.
On my renewal notices, they list renewal options with the various price for each term (2 month, 3 month...., 12 month), including Month-to-Month.
They probably don't include month-to-month cost on the original lease because they don't want to lock in a rent price 12 months ahead of time.
My month-to-month would be $200 higher than the renewed 12 month monthly rent.
This post was edited on 5/22/24 at 1:04 pm
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