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OT lawyers, I have a question

Posted on 10/6/23 at 11:50 am
Posted by Milesahead
Baton Rouge
Member since Sep 2007
572 posts
Posted on 10/6/23 at 11:50 am
We gave written notice to vacate our apt by Aug 31st. We have proof that they received written notice. In Sept, we were billed for September, saying we didn't follow back up. If we handle this legally, can we be rewarded legal fees as well? This in TN if that makes a difference.
Posted by diat150
Louisiana
Member since Jun 2005
43500 posts
Posted on 10/6/23 at 11:53 am to
quote:

saying we didn't follow back up.


what does the contract state ?
Posted by WDE24
Member since Oct 2010
54132 posts
Posted on 10/6/23 at 11:53 am to
quote:

can we be rewarded legal fees as well?
*Awarded…It depends on what your contract says or the landlord tenant laws in Tennessee

Have you researched either? I’d be happy to do that for you. I bill hourly and need a retainer to get started.
This post was edited on 10/6/23 at 11:54 am
Posted by McMahonnequin
Baton Rouge
Member since Mar 2022
537 posts
Posted on 10/6/23 at 11:54 am to
quote:

can we be rewarded legal fees as well


Probably not unless it says so in the contract
Posted by Tortious
ATX
Member since Nov 2010
5132 posts
Posted on 10/6/23 at 11:55 am to
quote:

I bill hourly and need a retainer to get started.


I think the billable rate is well established here
Posted by weadjust
Member since Aug 2012
15091 posts
Posted on 10/6/23 at 11:57 am to
quote:

We gave written notice to vacate our apt by Aug 31st. We have proof that they received written notice. In Sept, we were billed for September


Is 30 days notice required in your lease?
Posted by HillabeeBaw
Hillabee Reservoir
Member since May 2023
1467 posts
Posted on 10/6/23 at 12:01 pm to
Just pay for September and move on with your life. Not worth the time or money trying to fight it.
This post was edited on 10/6/23 at 12:02 pm
Posted by Motorboat
At the camp
Member since Oct 2007
22671 posts
Posted on 10/6/23 at 12:18 pm to
Why don’t you call them and ask them if they accidentally billed you? I don’t understand why you’re trying to get over without first calling to see what’s up.
Posted by Milesahead
Baton Rouge
Member since Sep 2007
572 posts
Posted on 10/6/23 at 12:27 pm to
More than 30 days notice was given and we have proof of acknowledgement.

It says we pay legal fees if we default. It doesn't address the landlords trying to charge rent after move out.
Posted by Milesahead
Baton Rouge
Member since Sep 2007
572 posts
Posted on 10/6/23 at 12:29 pm to
We have spoken with them multiple times. They also refuse to remove the water from our name, while the water company says it must come from them.

While it would likely be cheaper to just cave and pay, what they are doing is akin to stealing. I would prefer a lawyer make money off of me rather than allow them to bully us.
Posted by lsufball19
Franklin, TN
Member since Sep 2008
64522 posts
Posted on 10/6/23 at 12:38 pm to
quote:

We gave written notice to vacate our apt by Aug 31st. We have proof that they received written notice. In Sept, we were billed for September, saying we didn't follow back up. If we handle this legally, can we be rewarded legal fees as well? This in TN if that makes a difference.


What does your lease agreement say? Are/were you a month to month tenant?

Where in Tennnessee is this?
This post was edited on 10/6/23 at 12:42 pm
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63928 posts
Posted on 10/6/23 at 1:19 pm to
I think you get get a lawyer letter sent pretty cheap.
Posted by Motorboat
At the camp
Member since Oct 2007
22671 posts
Posted on 10/6/23 at 1:54 pm to
Was the lease term over? Were you month to month? All this matters as to termination of the lease and whether it was proper.
Posted by Quatrepot
Member since Jun 2023
4037 posts
Posted on 10/6/23 at 2:05 pm to
Do you not know a real lawyer you could ask? There are so dam many, seems like everyone should know a few.
Posted by SpidermanTUba
my house
Member since May 2004
36128 posts
Posted on 10/6/23 at 2:18 pm to
I know a guy who was stiffed on a deposit worth a few hundred bucks. He hired an attorney, the attorney wound up costing $10,000. The defendant had to pay a few hundred bucks plus $10,000.

Not saying this is possible or even advisable in your case, just hoping to provide some inspiration that runs counter to the usual "let the capitalist take your nickels and dimes" advise that most of the bootlickers give.

Posted by Indefatigable
Member since Jan 2019
26121 posts
Posted on 10/6/23 at 2:19 pm to
quote:

We gave written notice to vacate our apt by Aug 31st. We have proof that they received written notice. In Sept, we were billed for September, saying we didn't follow back up. If we handle this legally, can we be rewarded legal fees as well? This in TN if that makes a difference.

No attorney can answer any question on your situation without reading the terms of your lease.
Posted by Indefatigable
Member since Jan 2019
26121 posts
Posted on 10/6/23 at 2:20 pm to
quote:

think the billable rate is well established here

Is it 3.50, 35.00, or 350/hr?
Posted by Lush
Nola
Member since Jul 2023
456 posts
Posted on 10/6/23 at 2:29 pm to
Why would the water company give you trouble about making changes to an account in your name?
Posted by GetmorewithLes
UK Basketball Fan
Member since Jan 2011
19053 posts
Posted on 10/6/23 at 3:17 pm to
quote:

We gave written notice to vacate our apt by Aug 31st. We have proof that they received written notice. In Sept, we were billed for September, saying we didn't follow back up. If we handle this legally, can we be rewarded legal fees as well? This in TN if that makes a difference.




This should not take a lawyer. Respond in writing that proper notice was given and received by the landlord and this bill will not be paid. A lot of times these things are a result of poor communication at the business and could be dropped once recognized.

If they continue to push it report them to the BBB.
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