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| Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc. |
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#1 |
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When we moved into our complex, we signed a 12-mo. lease beginning Sept 1st, 2007. The apartment we moved into leaked (gushed) water from the bedroom window for the first 3 weeks we lived there. They claimed it was fixed, but it still leaked and leaked. The manager moved us to a *dry* apartment, only after she realized we had called the Housing Authority for help.
We signed a new lease on the new apartment, but were never given a copy of the signed lease contract. We gave our 60 day notice that we were moving out on Sept. 1st, and received a written notice that the first 21 days of August would be prorated at our current rate, and the last 10 days prorated at a rent amount 25% higher than our current rate, and Sept 1st would be prorated at the jacked up rate as well. I went to the office for an explanation, and the office manager told me that we would be going "month-to-month" on August 22nd. That doesn't make sense, as we signed a 12mo. lease on Sept 1st. She said that sometimes the "days don't match up." Bull. In addition, our unsigned copy of the lease has a different date than the signed copy, which has a different date than what is in the complex's computer. Ours says August 21st. So, we arranged to move into our new apartment on August 22nd. When we provided written notice to our current office, they said we were still responsible for the jacked up "Month-to-month" rate, because we are now under the 60 days period. 1) When is 12 months not 12 full months? 2) Do we really have to pay the "month-to-month" if we're moving out at the end of the lease? HELP! |
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#2 |
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Your unsigned lease is useless. You need to go to the office and get a copy of the signed lease they have there. The computer could be wrong, Get a signed copy of the lease.
12 months is not always 12 months day for day. Some leases have you terminate a few days early so that the unit can be readied for the next occupant. You need a copy of the signed lease to see what the ending date is. Look for any mention of an early departure. If your lease (the signed one) says the lease ends on August 21, you do go month to month after that date. You are responsible for the rent for 60 days (it sounds like that is what your lease requires) after you notify them to mve out. When did you notify them? Could 60 days forward from then, and expect to pay for that period (even if you move out earlier). Leases lock in the rates for rent, so month to month rates are often higher rent. If your signed lease says it ends August 21, and your 60 days isn't up until September 1, then you have to pay the higher rate until then. |
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