Question Regarding Giving Notice to Landlord?

Question

I live in Mississippi and have made the mistake of giving 30 days verbal notice to my apartment manager that I was moving out, rather than 30 days written notice(per the lease, apparently). After she informed me yesterday that my verbal notice to her was not proper and that I needed to give her written notice ASAP (which I did), she also informed me that she would have to charge me pro-rated rent through Jan.12 (since my official written notice was dated Dec. 12) for the amount of $273 (for Jan 1-12, as I've already paid Dec. rent).

Obviously, I screwed up and should have read the lease closer and given the written notice to her and I wouldn't be in this mess. She isn't understanding of my mistake and is still wants the full $273. My deposit on my apt. was for $200. So, I'm thinking that I should just get my stuff out to my new place and just tell her to keep the security deposit and that I don't intend to pay the extra $73.

I didn't have enough characters to finish the question, so here goes:

Would it be worth it to her to take me to small claims court to get her extra $73? My real fear here is that even if I pay her the $273 that she will just decide to keep my $200 security deposit as well, so I'm thinking it would actually be in my best interest to tell her that she can keep the deposit and that I have no intention of paying the rest.

She would at least walk away with some money ($200 but not the $273 she intends to collect) and I would obviously come away much better off than if she decided to fully screw me over and keep my deposit plus the $273 for January rent.

For me, this is really a bad situation, as I was actually getting out of the apartment early (Dec 21!) and was going to give her a nice clean apartment. Now, I'm not too sure I even want to do that for her.

Pamela, I could walk out of my apartment today and it would still be in better shape than 90% of the apartments at the complex (I'm not a very messy person). There also isn't any damage that I know about that she could charge me for.

The principal to me is that I thought I was doing the right thing with the verbal notice back in November and now she is using the written notice technicality to hit me up for rent at a time (january 1st through january 12th) when I won't even be in the apartment (I'm leaving and turning in my key a few days before Christmas). That is what really bothers me about this. She wasn't understanding of the mistake at all.

I'm thinking of just writing her a check for $73 and telling her to keep my $200 security deposit. If she decides she wants more than that, then I think she will have to sue me for it.

Acer, while the law may state that, I can assure you that I will not count my blessings and that I'm going to make this difficult on her, just as she is making it difficult for me. I have been a good tenant and have paid my rent on time and in full for the entire 18 months that I've lived in this property but that doesn't matter a bit to her.

Answer 1

Leave a nice clean apartment-or else you will be sued for cleanup and removal.Yeah, it may seem unfair, but if your lease states that you must give written notice, then it's valid. She should have informed you when you informed her you were moving, however it't not her fault. It's your responsibility to properly notify Landlord notice to vacate. (certified letter, keep a copy for yourself) That $73 could quickly turn to a much higher number. Therefore giving the landlord enough ammunition to sue you for the rest. You made a mistake, why should she pay? So just pay the last month rent, and get your security back. Or, if you want her to keep your security, ask her about your deal. If you expect her to cut you a $73 break, you could at least leave the place the way you found it.

I made the same mistake you did years ago! My old Landlord was a jerk & did the same exact thing to me. I told him verbally I was leaving a month before hand. The official letter did not come until 3 weeks later (totally my fault, I thought I mailed it with the rest of my bills). The landlord still wanted rent for the following month! My roommate was still living there so he paid the rent. You live and you learn.

Answer 2

It would have been simpler to have written a notice (always a requirement) and predated it, explaining that you and she discussed your vacating the apartment on that date. If you leave the apartment without paying what she is asking, it will go on your credit. There should be a Local Housing Authority where you live. Check in the phone book. They can give you advice. Be aware that if you don't clean the apartment, the landlord can use your $200 deposit to clean it and make any repairs. That would leave you with more than the $73 extra.

Answer 3

Always give written notice and if she is an *** she can take you to court for the $73 dollars.

I put in my lease the tenant has to send written notice certified mail.
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It really depends on her and if it is her property or if she is only the manager, all have their own rules.
she can take you to small claims court and if she gets the judgment you would be responsible for the remainder plus court cost.

She can also put it on your rental history and it will make it more difficult to rent in the future.

She sounds like a b**** so it is possible she will follow thru. Is all of that worth the $73 Dollars?
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Also I forgot to add,most landlords will not use the security deposit for the balance of the rent, I don't.

When you moved in their should have been a check in /check out form to tell the condition and you should always take pictures when you move in. Always protect yourself,smiling faces are not always attached to nice people.

Answer 4

Their isn't any regulation in Nj in regard to this. As a courtesy maximum landlords provide 24 hour observe--except it extremely is an emergency. displaying an condo is a various tale---it extremely is totally perplexing for 3 human beings to fulfill at a particular time for displaying---considering which you're shifting--you are able to desire to place up with this--he's making an attempt to no longer lose a months lease on an empty.

Answer 5

Acer is correct. You are lucky, as legally, she could hold you liable for the full month of rent.

It is your responsibility to know your obligations per lease - regarding notice.

It may be worth it for her to file in Small Claims court - if only on principle - as it would leave your background with a court ordered judgment from a landlord. Future landlord's would be able to deny you based on the judgment alone.

It's very cheap to file a case in Small Claims and if she wins (no brainer in this situation) you would be liable for the court cost as well. No money out of her pocket and probably only the loss of a sick day from work.

As far as your statement, "I have been a good tenant and have paid my rent on time and in full for the entire 18 months that I've lived in this property but that doesn't matter a bit to her."

It is your legal obligation to "be a good tenant" and pay your rent on time - your were not doing her any favors, that is your obligation.

Answer 6

Dear....count your blessings that she is only charging you until January 12. She has the legal right to charge you for the entire month of January. (See Mississippi Statutes Sec. 89-8-19). Any notice to terminate a tenancy is based upon the rental period, not on on calendar dates. Hence, your written notice has the effect of being effective on January 1, with tenancy ending at the END of January.

If you want the landlord to screw around with you by not paying as she has asked, be prepared to show up in small claims court and lose a judgment for ALL of January's rent.

The woman is treating you MORE than fairly under the law.

Answer 7

Don't do it. Landlord's are usually vendictive. She sounds like she is typical. If you do that she could add on a bunch of extra charges. I had a landlord charge me $215 for cleaning carpets that I had already shampood, $90 for trash pick up when I still had my trash service picking up there, but she disposed of it the day before they were supposed to pick up. And $350 for "general maintenance" whatever the heck that is. Stay on her good side. Pay her the $73 dollars and tell her to keep your deposit for the rest.

Answer 8

by law she can not keep the security deposit, she has to return it to you. she might take you to court for unpaid rent, depending on how mean she is. if you want her to keep your security deposit to pay rent, which im not sure she can do automatically, you may have to work that out with her.