I would like to move out of my lease, I was not the one to tell the apartments I was going to resign, my roomate did that. I however do not want to live here anymore. The lease states I must have 60 days notice and that they will provide a written notice to inform me when it is due. I never recieved this notice, but now it is less than 2 weeks before I would be moving out. If I break the lease agreement they are going to charge me $1100 for a month I will not be living there, just as a fee. Does anyone know if they can do this when the lease ends at the end of July and I will not be living there after? Can they charge me for not living there?
2006-07-10 12:48:46 · 11 answers · asked by toratracker 2 in Business & Finance ➔ Renting & Real Estate
Most leases don't allow you to break the lease just by giving notice. The 60 days notice is most likely the required notice for you to move out on expiration of the lease. It's in the lease, so you can't claim that you weren't aware of it.
This notice applies to both the landlord and the tenant. If you want to move out at the end of the lease, you notify the landlord. If the landlord wants you to leave, he or she must give you the same 60 days notice. The fact that the landlord hasn't given you any notice tells you that you are welcome to say when your lease is up.
Assuming that the lease expires on July 31st, you should have given the landlord notice no later than June 1st that you would be moving out. If you did not give notice then, you will be liable for rent for 60 days from the date you actually tender the notice.
If you haven't given notice yet and do so today, you will have to pay rent until September 8th, 60 days from today, even if you move out on July 31st. If the landlord re-lets the apartment before September 8th, you will be entitled to a refund.
The landlord is required to make a reasonable effort to re-let the unit but is not under any obligation to hurry their normal make-ready, tenant qualification, or marketing procedures to minimize your loss. If the landlord typically has difficulty keeping all units rented out, it's very likely that you will have to pay through September 8th.
2006-07-10 13:05:35 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
The previous answers were not way off base, though perhaps a bit oversimplified.
Here is the lowdown: Most terms included in a lease are enforceable, so long as they are reasonable. The 60 days requirement is almost positively going to be considered reasonable. Further, you most likely must notify them before the first of the month. Otherwise, the 60 days won't begin until the following month. You don't have much in the way of favorable legal grounds. You don't want to go to court unless you HAVE NO OTHER CHOICE. Even if you had a valid legal claim, you are stuck with having to try to take your landlord to court to try to win a lawsuit. You'll probably lose, and if you're moving, you probably don't have time in the first place. Considering the amount of money at stake, you'd waste most of your potential recovery in travel, expenses and wasted time.
So here's my suggestion: First off, find a person in the management with substantial authority. If you happen to already know such a person whom you have had positive interaction with, choose them. If you don't know anyone, you'll just have to walk in there and wing it.
When you speak to the person with the management company, explain your position in a firm but friendly way. Use the difficultly of your circumstance with the move to gain their sympathy. Compliment them for their past service, and politely but firmly tell them that you need to ask them to help you out on the 60 day requirement. If necessary, offer to make some sort of concession...perhaps hiring a cleaning company to clean your place top to bottom, or helping them find the next tenant.
If they won't go for this, you can try a last ditch effort with a phone call or letter to the person of the highest authority, or have a lawyer make a call for you. If it comes down to suing, you'll have to do a cost/benefit analysis and decide whether its worth it. You can often find Legal Aid offices that will help for a minimal cost for these types of claims. If you do just walk out on your lease, they are required to make a reasonable effort to find a new tenant. Once they find the tenant, usually you would be out of any obligations. However, the only way you'll ever recover this way is buy suing, which I'm obviously not suggesting (as I think I've made quite clear.) :)
I hope this helps...good luck
2006-07-10 13:11:24 · answer #2 · answered by Mr. Mister 2 · 0⤊ 0⤋
Landlord/Tenant Laws favor the tenant......If your lease ENDS July 31st......then it's over.......he cannot charge you for NOT renewing your lease.........60 days notice not to renew your lease is NOT VALID....google your own state and Landlord/Tenant laws and I'm sure you'll easily find what a landlord cannot due when the lease term ends.
If he tries to collect - YOU go to small claims (I promise you it is easy) and schedule a hearing.....the judge will probably thump him on the nose for trying to get money after your lease is up....Also....read up on the security deposit refund policy.. most states give the landlord a very short deadline for returning deposit...and if they miss that deadline....you can actually collect double damages (again, in small claims)
You have rights....but you have to exercise them.....make sure that you do a walk-thru w/ the landlord....and if he refuses, video tape it and document any wear and tear or lack thereof....with a witness and dated newspaper (to prove the date of the video).
I can see him not refunding your deposit because you "didn't give 60 days notice." Honestly, landlords like that are so slimy..
I'm a landlord, and I know exactly what I am allowed to include in a lease.....good luck and don't let him walk all over you
2006-07-10 15:04:50 · answer #3 · answered by Paula M 5 · 0⤊ 0⤋
Depends, did you and your roommate sign the lease, or did your roommate sign the lease and you are subletting it from him or her?
Also, if the lease ends at the end of July, that's it the lease ends. You did not give notice that you were going to renew the lease, which should have been done 60 days before it ends, so technically, they were given notice when you did not renew the lease.
They can try to charge you, but they won't get anything.
2006-07-10 12:54:11 · answer #4 · answered by Darius 3 · 0⤊ 0⤋
If you have a lease that ends in July and is renewable yearly, than, you should be able to leave at the end of July, because you have to sign a new lease(or not) then; I think they may mean if you decided to leave in May and didn't give 60days, then yes you'd have to pay for May, June, maybe part of July. Also, was your roommate on the lease(did he/she sign?); then whatever you're responsible for THEY are responsible for; Make sure if you gave a security deposit the place is clean and you take a picture of EVERY room with a newspaper and the DATE clearly displayed!
2006-07-10 13:19:48 · answer #5 · answered by lee s 2 · 0⤊ 0⤋
If you are on the lease, management should have a notice saying you will pay or give 60 days notice with your signature. If you are up for renewal, they should have provided a letter for both of you to sign indicating that you will renew or move - this letter will be given usually 30 to 60 days outside the notification period. In your case, that means about 3-4 months prior to notification.
2006-07-10 12:53:16 · answer #6 · answered by The Killer Tomato 3 · 0⤊ 0⤋
I dont think they can do anything move out at night try to do it in one night. Box everything and in a weekend take out everything leave the key in the mail of the office or just leave. You probably gave a deposit so that should be enough. Look I was in some apartments where we had a lease and we were only there for about 3 mts and we were suppost to be there for 6 mts. We moved out in the night and weekend. So they never even called us. We lost the deposit only. As long as they dont have your social I dont see how they can make you pay.
2006-07-10 12:56:46 · answer #7 · answered by mommy 22 2 · 0⤊ 0⤋
It looks like you might be stuck between a rock and a hard place. Perhaps the only option, if you must move, would be to sub-lease the unit out.
2006-07-10 13:00:06 · answer #8 · answered by eagleboy225 3 · 0⤊ 0⤋
If you gave them a written notice that was dated 60 days before you are moving out, then you are ok. If not I would call your landlord and talk to them. Remember being nice works better!
2006-07-10 12:53:16 · answer #9 · answered by 2hot2handle 3 · 0⤊ 0⤋
Yes, a lease is legal contract
2006-07-10 12:51:04 · answer #10 · answered by crazy86404 2 · 0⤊ 0⤋