Changing apartments, need help

[chalmers]

Hey all, My gf and I are switching apartments, and the landlord is giving me problems. Here's the simple story.

1. We signed the 1 year lease here Feb 28 2009
2. I turned in a notice yesterday, Jan 25 2010
3. She is telling me that a 60 day notice is required here. You owe 2 months from the date you turn in the 60 day notice. So basically since I turned it in yesterday, we owe February's rent (already would've since this is the last month), and 25 days into March prorated (to fulfill the 60 days)

Puzzled, I looked into our signed lease agreement. The ONLY part of the lease that mentions anything about the 60 day notice is this:

SECURITY DEPOSIT
You must give a full 60-day written notice that you will be moving to receive a refund of your security deposit (ours $400). It will be mailed to you within 30 days yadda yadda, we will deduct for any money owed us for rent, fees, damages, etc.

Nowhere else on the lease does it say anything to what she's telling me that is basically:

"Give us a 60 day notice at least 60 days before your lease is up (Feb 28 2010) or you'll owe for a 13th month"

All it says in the term section is:

The initial term begins on the 28th of Feb 2009 and terminates on the 28th day of Feb 2010. At the conclusion of the specified rental term, lessee may elect to be a tenant from month to month at a higher monthly rate. Lessee may elect to sign a new one year lease also.


Basically my plan is to pay February rent of course and move out on Feb 28. I am not going to pay them another dime. I won't get my security deposit back, and they'll probably think I owe them another $200 ish to cover March rent. But nothing in the lease says I am ever obligated to pay a 13th month.

What say you, who's in the right?

edit: She told me on the phone that it's basically implied that if you give your 60 day notice less than 60 days from your term end date, then you should owe for the full 60 days, even though it goes over your lease. Implied? I didn't know you can imply things on contracts. I signed a lease to live somewhere for 12 months. I paid them 12 months worth of payments. Even the lease says I will pay $7200 total in 12 $600 installments, which I will fulfill on Feb 1st.

 

[PsiStar]

Stay to late March & don't the LL anymore $ & no forwarding address.

 

[chalmers]

Stay to late March & don't the LL anymore $ & no forwarding address.

We're planning on moving Feb 28th since we have already applied to a new place and it will be ready by then. I am not sure what else you meant there.

 

[quikah]

sounds like you would just lose your deposit. Double check your lease to make sure there isn't a clause in there about it automatically converting to month-month.

 

[Fenixgoon]

i believe when i rented there was a 60day notice for lease renewal, fwiw.

 

[TheNinja]

Sounds like if you don't give 60 days, you won't get your $400 deposit back. If your monthly payment is $600, I guess just leaving at the end of Februrary will "save" you $200+. Should have given notice 30 days ago, but hindsight is always 20/20.

 

[Lifted]

At the conclusion of the specified rental term, lessee may elect to be a tenant from month to month at a higher monthly rate. Lessee may elect to sign a new one year lease also.

The only implication is that you are leaving if you do not tell her "I elect to stay month to month" or "I elect to sign a new contract." Nothing there states that not giving notice means you intend to stay month-to-month.

I've always had landlords send me a new lease a month or 2 before the current lease was up. If I didn't sign and return it to them, the obvious assumption was that I would be moving out at the lease expiration. I always let them know with 30 days notice anyway.

 

[DrPizza]

Perhaps my math is wrong, but it seems to me that you might want to "stay" for the month of March for $600, then get your $400 back after 30 days. 30 days of "yadda yadda?" 30 days of you informing them? 30 days after you move? When?

edit: then, after informing your landlord that she'll have $200 less in her pocket if you do this, offer to leave at the end of February & split the difference with her, which would result in a return of $100 from your deposit and which would allow her to re-rent that apartment out and come out even further ahead.

 

[DrPizza]

Also, IANAL, but it might be worth it if you have a free consultation somehow with one.

 

[bobdole369]

The 60 day notice requirement is probably not on your lease if it is written into landlord tenant law, as it is in America's Wang; The great state of Florida.

Neither does your profile, nor any other indicators reveal from what state you hail.

I can give you my own experience while living in the Penis-Shaped state. In a yearly tenancy (aka a year long lease) - the renter must provide 60 days notice of intent to vacate.

Not giving this 60 day notice relieves the landlord of obligation to return the security deposit. Landlords do sneaky ass shit like not letting you know about a renewal price until you are well inside that 60 day window.

What will likely happen: The landlord will retain the deposit. He will also find massive made-up damages. He will send the account to a collection agency and if its worth it they will sue you. If not they will send letters and phone calls and reduce your credit score by about 40 points in the beginning, and less as time goes by.

Alternatively the landlord can sue you for these made up damages. Unless you dispute them with strong evidence you will owe him made-up money.

 

[Ozoned]

Hey all, My gf and I are switching apartments, and the landlord is giving me problems. Here's the simple story.

1. We signed the 1 year lease here Feb 28 2009
2. I turned in a notice yesterday, Jan 25 2010
3. She is telling me that a 60 day notice is required here. You owe 2 months from the date you turn in the 60 day notice. So basically since I turned it in yesterday, we owe February's rent (already would've since this is the last month), and 25 days into March prorated (to fulfill the 60 days)

Puzzled, I looked into our signed lease agreement. The ONLY part of the lease that mentions anything about the 60 day notice is this:

SECURITY DEPOSIT
You must give a full 60-day written notice that you will be moving to receive a refund of your security deposit (ours $400). It will be mailed to you within 30 days yadda yadda, we will deduct for any money owed us for rent, fees, damages, etc.

Nowhere else on the lease does it say anything to what she's telling me that is basically:

"Give us a 60 day notice at least 60 days before your lease is up (Feb 28 2010) or you'll owe for a 13th month"

All it says in the term section is:

The initial term begins on the 28th of Feb 2009 and terminates on the 28th day of Feb 2010. At the conclusion of the specified rental term, lessee may elect to be a tenant from month to month at a higher monthly rate. Lessee may elect to sign a new one year lease also.


Basically my plan is to pay February rent of course and move out on Feb 28. I am not going to pay them another dime. I won't get my security deposit back, and they'll probably think I owe them another $200 ish to cover March rent. But nothing in the lease says I am ever obligated to pay a 13th month.

What say you, who's in the right?

edit: She told me on the phone that it's basically implied that if you give your 60 day notice less than 60 days from your term end date, then you should owe for the full 60 days, even though it goes over your lease. Implied? I didn't know you can imply things on contracts. I signed a lease to live somewhere for 12 months. I paid them 12 months worth of payments. Even the lease says I will pay $7200 total in 12 $600 installments, which I will fulfill on Feb 1st.

You are not obligated to stay past the terms of your lease. Even without notice. When you signed the lease, it was implied that you would be moving out after 1 year. The 60 day notice or loss of security deposit part of your lease would probably not hold up in a small claims court either.

 

[bobdole369]

You are not obligated to stay past the terms of your lease. Even without notice. When you signed the lease, it was implied that you would be moving out after 1 year. The 60 day notice or loss of security deposit part of your lease would probably not hold up in a small claims court either.

It's written into law in Florida - and many other states. If so it will very unexpectedly hold up.

It is seriously important to your cause for us to know in which state you reside.