I gave a late notice to move from my apartment. I was suppose to give 60 days, and realized to late that I needed to give a written notice within this time period. I probably gave about a 45 day notice. This is my mistake and I understand that I won't get my deposit back bacause of this (as it says in the lease agreement). BUT NOW, my landlord is telling me that since I gave late notice I cannot move out for another month and that I must pay another month's rent. Is this legal? Can they extend the lease term? It says nothing about this in my lease agreement.
2007-02-19 05:36:53 · 6 answers · asked by MaryJane 2 in Politics & Government ➔ Law & Ethics
Your landlord wants to keep your deposit AND extend your rent another month? This sounds totally fishy.
You'll need to read your lease to be certain, but if the penalties are not spelled out in there for your lack of notice, he cannot simply make up penalties.
From what you've said, it sounds like you have read the lease and the penalty for less than 60 days notice is only that you lose your deposit. Unless it says in your lease that he can also penalize you another months rent, he cannot do this. You need to go to him and ask where, specifically, this penalty is mentioned. Make him point out the clause in the lease. If he cannot, then you are not obligated to pay an additional months rent. If he can, then sorry, you do owe.
2007-02-19 05:46:19 · answer #1 · answered by Goose&Tonic 6 · 1⤊ 0⤋
It doesn't seem that he could legally require you to pay another month's rent and still say that you give 60 days notice. If you stay another 30 + 45 =75 and that's more than 60 days notice. He might be able to keep your deposit, but I seriously doubt that he can legally do both. I wouldn't give this landlord another penny until I spoke to an attorney.
2007-02-19 13:46:03 · answer #2 · answered by GeauxJoe 2 · 1⤊ 0⤋
I don't think he can keep your deposit and make you pay another months rent.
If he is charging you another months rent, then you have the right to occupy the apartment for the next month and you have therefore fufilled your obligations with respect to notice. He cannot therefore keep your deposit.
I would look in the phone book or google "Residential Tenancy Rights" with your city.
Most large urban centres have an agency that handles landlord/tenant disputes and can be very helpful when you don't know your rights.
2007-02-19 14:07:29 · answer #3 · answered by elysialaw 6 · 0⤊ 0⤋
I would call a lawyer that gives free consultation. I would think it would have to be in writting something you signed. I had a lease that stated the same thing, but it also stated in the lease if I was late with written notice I would have to pay an extra month.
2007-02-19 14:03:46 · answer #4 · answered by Granny 2 · 0⤊ 0⤋
A verbal agreement is as solid as the air it is given in. I'm sorry you are not in the right here, but why didn't the landlord say something when you gave him the verbal that he needed it in writing to fulfill the terms of the lease?
2007-02-19 13:42:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would have to read the lease to give you a definitive answer but he may have the right to another month's rent. Ask a lawyer to read it over.
2007-02-19 13:40:54 · answer #6 · answered by Anonymous · 0⤊ 0⤋