Okay, so in January I informed my landlord that I would no longer be living in my apartment along with my rent check that month. I later sent her to more letters stating I would not be renewing my lease. Finally I hear from her today stating I would need to stay in the Apartment until June because I never sent her a certified letter! Does anyone have any sort of advice for me!? I do not want to pay two months of rent in a place that I will not be living in!
2007-03-19 08:07:26 · 10 answers · asked by girly 1 in Business & Finance ➔ Renting & Real Estate
First, do you have copies of the letter that you sent her?
Second, did she document anything when you told her verbally?
Third, is your lease not up until June?
Forth, are you moving for a job and moving over 50 miles away?
If you have copies of the letters that you showed to her, any court will only require you to live there for 30 days after the date of that letter. You need to have copies of this though. Simply saying that you mailed them and they got lost in the mail is not sufficient.
If she made any documentation when you verbally told her, you would need a copy of that. Verbal contracts, like you simply telling her, are hard to prove. The courts will rarely accept them unless you have witnesses.
If your lease is not up until June, then she can require you to pay the other two months. However, you need to do a walk through with her after you have cleaned everything out. The apartment needs to be ‘broom clean.’ make sure that you have it clean before you do the walk through. Take pictures before you do the walk through as well. Do not allow her to tell you that she will do the walk through later. You need to be there, and having a witness there with you is even better. She has to document any damages while you are there. She can without reasonable repair costs out of your deposit. If there are no repairs to be made, then she owes you the whole deposit. If your lease is not up, that money can be applied to the remaining rent. If the lease is up, she has to return that money within 30 days. If the apartment is not clean, she can charge you a cleaning fee too. If she tries to make any claims of damage after the fact, this is when your pictures will come in handy. She will have to prove that the damage was there when you moved out.
If you are moving over 50 miles away for a job, most leases have a clause that states the lease can be broken. You will need to produce documentation from your new employer. This also applies if your spouse, if you have one, is transferred.
You need to check your lease as well. Make sure that there are no clauses in it that state you have to send your notice by certified letter. If there is, you have no choice to pay the rent, except in cases of a transfer. All communication with your landlord has to be in writing. If she does not have documentation, she cannot hold you liable. If you do not have documentation, she can hold you liable.
2007-03-19 08:56:05 · answer #1 · answered by starwberry 5 · 1⤊ 0⤋
Every state has different landlord/tenant laws. You can look up the code online (sorry I can't help...you didn't tell us where you live) and get more information that way. If you are breaking your lease, your landlord has the right to hold you to paying rent throughout the duration of the lease *as long as the apartment is not rented to someone else during that time!*
It's a hard lesson to learn, but next time send your letters Return Receipt Requested or some other form of mail that requires a signature. Then the landlord can't deny that they received your letter.
Good luck.
2007-03-19 08:17:50 · answer #2 · answered by Anonymous · 1⤊ 1⤋
First of all, if your lease is up and you sent a certified letter today, you wouldn't have to stay til June. Landlord tenant laws typically dictate a 20-30 day notice (check your state). So she's wrong that she could even ask you to stay until June. May 1st would probably the absolute longest.
A certified letter is definitely reccomended-- but usually written notice of any kind is sufficient. Do you have copies? If so, supply her with those and remind her again you'll be moving out. She may try and sue or she may give up.
2007-03-19 08:19:30 · answer #3 · answered by Anonymous · 0⤊ 2⤋
If you are breaking a lease, you may have to pay for that two months.
If you are on a month to month basis, or out of lease, you have the right to move, regardless if the letter(s) is / are certified or not. If you have some sort of proof of mailing, it will stand up in court.
2007-03-19 08:14:06 · answer #4 · answered by themligroup_com 2 · 3⤊ 0⤋
I would say "make me" . When I left my apartment I had just signed a year lease. I went in to the office and told them I was moving and any argument they came up with wasn't going to change my mind. Then moved to Indiana, about a week later I got a letter telling me what you were told. I called them and talked to the person that signed that letter. She told me I had no way out of the lease. She knew she didn't have a chance in a court room. The worst they can do is not rent to again. I
would take any proof you have with you if it does come to that.
Then I would sue them for harassment.
2007-03-19 10:08:13 · answer #5 · answered by Williamstown 5 · 0⤊ 1⤋
it really is on your employ about in one day travellers, often times 3 days. it really is as a lot because the owner to verify. He has already recommended you of his coverage. He has to strengthen your employ for the more advantageous people. He has to grant you 30 days note to make the change. What are you talking about that landlord will lose his coverage? It doesnt count number what reason he gave you, he's putting forward his coverage. you at the instantaneous are not meant to take people in with out permission from landlord. Thats why he's offended.
2016-11-26 22:47:52 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Refer to your lease. If the lease requires a letter sent via certified mail then you'd better get on it!
If the lease only states that you must notifiy the landlord in writing, tactfully point that out to the landlord.
2007-03-19 08:45:27 · answer #7 · answered by Bostonian In MO 7 · 2⤊ 0⤋
That's B.S. She is trying to claim that notice was not given in time ......do you have copies of the letters? is the address on the letters the same as the address on the lease? If so, you can claim that per the lease, you gave notice properly and on time and if she has since hnaged addresses, it is a her responsibility to let you know of the change...so tough luck!
2007-03-19 09:18:10 · answer #8 · answered by boston857 5 · 1⤊ 0⤋
I would say that you can move, unless it is stated in the lease that you must send a certified letter. If she takes you to court you can fight it and will probably win. Good luck.
2007-03-19 08:12:16 · answer #9 · answered by Mystie 3 · 1⤊ 1⤋
You can move anytime you want after your lease is up....
2007-03-19 08:12:39 · answer #10 · answered by MIGHTY MINNIE 6 · 0⤊ 3⤋