My daughter was sent a letter from the apartment management saying her lease was up the end of February. Since this was the second apartment she had leased there, she just assumed they were correct. She has since made arrangements to move, and went in to give her notice. They then told her the letter was a mistake, her lease is not actually up until July. She is now in the position of loosing a lot of money between the new place she has put money down on and the old place saying she will have to pay a lot of money to get out of the contract.
My question is, has the apartment management canceled the lease agreement with their letter telling her that her lease was up the end of February? Is she liable for the thousands of dollars they said they would charge her if she moves out now?
2007-01-29 12:59:19 · 6 answers · asked by teriroxy 2 in Business & Finance ➔ Renting & Real Estate
There are two sides to this story; if your daughter's lease wasn't actually up until July, why didn't she question the letter she received? Why didn't she know there was a mistake and ask for clarification? She could make a case that the letter misled her, but the lease she signed would have more legal authority than a letter, as wrong as the letter is.
I believe that she (and you) will have to fight to get any deposits back and from being charged for rent on the vacant apartment until July, so I'm afraid it will cost you money to get out of this lease. I would try to reason with the management company before you invest in any legal help. I'm sorry, but they do have a case that's stronger than yours, if they decide to fight it. I certainly hope you still have the letter because it's your only hope of getting the law to side with you.
2007-01-29 13:11:18 · answer #1 · answered by Mama Gretch 6 · 0⤊ 0⤋
Umm, I want to be in court when she whips out that letter for the judge. Don't you imagine the judge will toss the book at the property management co? Sure the judge would. Real estate is a contractual business. They broke the contract with the notice to move. The fact that they broke it by accident is their loss not hers. While I cannot with 100% certainty say sure call their bluff. I'm liking the way I feel in front of the judge with my letter in hand of them cancelling my contract and telling me the date etc.
I'm liking my chances pretty dern well!!
So, I'd break the lease, and then take them to small claims court if they pursue the matter.
2007-01-29 13:11:28 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Since the management said that her lease was up in February and your daughter made arrangements to move, she is no longer legally obligated to stay in the first apartment. If however she wants to stay in the first apartment, her current landlord would be responsible for what she put on the other apartment. To play it safe do contact legal help, laws are different in different areas. Good luck
2007-01-29 13:09:22 · answer #3 · answered by Gary S 5 · 0⤊ 0⤋
NO she is not liable. Get legal aide. That letter is bad business, even though I would have double checked prior to getting involved in other projects...
2007-01-29 13:05:35 · answer #4 · answered by Anonymous · 0⤊ 0⤋
where i am from she is free to move on to her new place or stay... It takes two to break the lease and they wanted it broken it is now her option.... just dont lose that letter..... consult a lawer for more information......
2007-01-29 13:03:39 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would get a hold of a lawyer and show him the paper, since it was the landlord mistake. she shouldn't be responsible for it. but that is my opionion, talk to a lawyer and see what he can do for her. good luck.
2007-01-29 13:04:24 · answer #6 · answered by misty blue 6 · 0⤊ 0⤋