My 6 month lease agreement ends on 10/31/07, and I have been a fantastic tenant for 1.5 years with no late payments. My apartment complex requests "2 full calendar months notice to vacate." I gave my notice on 9/24/07. The apartment complex is claiming that I will be moving out during a "blackout period" when no one is allowed to move out, which they claim starts on 11/30/07 (how convenient). I have gone through my lease with a fine-toothed comb and there is no mention of a blackout period. In addition, since I will be on a month-to-month lease after my lease expires, and have given proper notice, would the blackout period still apply to me? They are claiming that I am liable for rent up through 3/2008 when the blackout period ends. This apartment is in Saint Paul, MN 55116. Please help. Thanks!
2007-09-24 13:29:29 · 4 answers · asked by Hasten My Builder 1 in Business & Finance ➔ Renting & Real Estate
I'd think that you could move out on November 30 without penalty. If their "blackout period" isn't mentioned in your lease, they can't hold you to it. They can't just make up rules after the fact.
If the blackout period was in your lease, then yes it would still apply to you after you went month-to-month.
2007-09-24 13:59:17 · answer #1 · answered by Judy 7 · 0⤊ 0⤋
If your lease said that you have to give 2 full calendar months notice before the end of the lease, then you have a problem, because 2 months before 10/31 is 8/31.
Otherwise, since two calendar months after 9/24 is 11/24, could you move on 11/24, 25, 26, 27, 28, or 29, after two months and before the blackout period.
2007-09-24 21:17:08 · answer #2 · answered by StephenWeinstein 7 · 0⤊ 0⤋
When are you moving? You say you gave two full calendar months notice, but you gave notice only 37 days before the end of your lease.
Hold on to your lease. You may need it in small claims court if they come after you. What are the provisions for a month-to-month lease? Other provisions vary by state. I've never heard of a blackout period.
I had something similar happen to me in New York city. I tried to give notice at the beginning of July, but they closed the office early for the July 4th holiday. When I did reach them on the fifth they claimed I didn't give the 2 calendar months notice. My lease was to expire on 7/31. What I did, and I don't necessarily recommend this, was to leave behind all the furniture I didn't want and wasn't worth the trouble of selling. I knew they would keep my security deposit for doing that , but it's not like I was going to get it back anyway.
2007-09-24 20:39:05 · answer #3 · answered by garyg7 7 · 0⤊ 0⤋
November 24th. I have NEVER heard of a blackout period either. Strange....
2007-09-24 20:33:27 · answer #4 · answered by healthspot_2000 4 · 0⤊ 0⤋