Monday, December 12, 2011

Am I liable for leaving on short notice without a lease agreement (updated)?

I posted this question before without including the details in my lease.





In section 11 of the lease it says I need to give 60 day notice, failure will result in a fee of 2 months rent + $200 redecor fee + forfeit of my $200 deposit.





Section 12 of the lease states that if I do not resign the lease agreement upon expiration that it will automatically switch over to a month-to-month lease, I will have to pay a 1 time fee of $200, and can last no longer than 3 months.





The problem is they never called me into the office to resign the lease in Jan when it expired and it has been well over 3 months and I never received notice that I needed to be out. When I told them I was moving out with 2 weeks notice the apartment manager said that I would need to pay the fees according to sec. 11. Then after she noticed she didn't get me to renew my lease in Jan she said we could help each other out by dropping it down to 1 months rent and she would let the deposit cancel out the redecorating fee. Should I just let my deposit cover the $200 month to month fee and not pay anything else or should I pay the full months rent and forfeit my deposit?|||It's not up to your LL to call you into the office to resign a new lease or tell you your three months are up. You have to know the terms of you lease and accept responsibility. You can begin by recognizing that your deposit is not intended to be used to cover departure fees (unless the LL OK's it in advance). Section 12 applies in your case, so make sure you provide notice, pony up the $200, vacate at the appropriate time, and await the return of your security deposit, which will probably be returned to you within 30 days. (Check your lease for details.)|||Technically they don't "HAVE" to call you (and the lease don't say that they have to call you) you are responsible of the lease and responsible to be aware of the dates.





The lease also say that you have to give a 60 day notice regardless if the lease is resigned or not.





Also you were supposed to pay a no-lease fee $200 in Jan.





I say take the deal; still you are getting away with not having to pay the no-lease fee of $200.|||If you are going to take the deal she's offering, and it seems to be pretty good based on the language of the lease, get it in writing and have her sign it. Or at least prepare a letter stating the date she made the offer, how the offer was made (in person, via phone, etc.) and that you are accepting the offer. State you are accepting the offer, sign it, make a copy of the signed letter, and hand deliver as well as send it via certified mail, return receipt requested, to the LL.

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