Rental Co. trying to collect rent when I have no access to apartment

I submitted a written notice to end my lease ten days after the deadline (I thought it was 30, lease said 45).

A representative told me that since I was over the deadline, my lease automatically renewed for 12 months, but accepted the written termination anyway saying "I'm sure we'll rent it out and be able to prorate you." and that my one bedroom was "only third on the list to be shown."

I paid the final month's rent for August even though I turned in my keys the first week. There was even an inspection of my apartment and once approved, me and a representative signed the proper move-out forms.

Now I have received a letter from the rental company stating that they have not rented my apartment and since my lease automatically renewed because I was late in the written notice, I must begin making arrangements for delinquent payments or they will notify the credit bureau.

In other words, they want full rent each month when they collected my keys, approved my move-out, kept my security deposit. How do I even know if they're even making efforts to rent my apartment?

Legal advice? I have not contacted them yet.

So sue them in federal court. Not the least bit hard to do but you will have to wait until they turn it over to a debt collector or and attorney then sue the 3rd party debt collector for violations of FDCPA and quite possibly FCRA as well. Once you do that they will be asking you how much it will cost them to make you go away and leave them alone.
Just keep a careful record of all calls, conversations, letters or whatever so you can build your case from your history.
You don't even need an attorney to do it and you will never have to actually go to a federal court hearing because it is all done over the internet, by fax, by phone and by U.S. mail.
4052712174

Originally Posted by Unregistered

So sue them in federal court. Not the least bit hard to do but you will have to wait until they turn it over to a debt collector or and attorney then sue the 3rd party debt collector for violations of FDCPA and quite possibly FCRA as well. Once you do that they will be asking you how much it will cost them to make you go away and leave them alone.
Just keep a careful record of all calls, conversations, letters or whatever so you can build your case from your history.
You don't even need an attorney to do it and you will never have to actually go to a federal court hearing because it is all done over the internet, by fax, by phone and by U.S. mail.
4052732174

4052279423

You will need to post the area where you rented (what state). Laws differ by state. Certain states allow an automatic lease renewal, others do not. Was there a provision in your lease that says it will auto renew if you did not notify them 45 days prior to lease end?

Laws also differ by state on whether a LL has an obligation to re-rent a unit and minimize the loss of income (and your further liability for rent payments). Some states say the LL MUST attempt to re-rent (lessening the amount you will owe to just rent until it is rented again), others strongly state he has NO obligation to do so (making your obligation for rent legal for the entire lease period while the place sits empty). If you live in a state where the law clearly says he has no obligation to re-rent, a lawsuit will do you little good.

Whether or not you have access is immaterial. You turned in your keys and relinquished access to the unit. You did not wish to continue to live or rent there or have access to that unit. Your choice to give back the keys.

Please post your state for state specific advice.

Thanks....I live in Ohio. If they are allowed to let the place sit empty, am I allowed to get my keys back and show if for subletting which is allowed according to the lease?

Bottom line, I can't afford double rent. How far can they go to collect it?

You are in luck. OH law states the LL must attempt to re-rent the unit and limits LLs to actual damages from the loss. Once he gets it re-rented (or has had enough time to try diligently to re-rent it) you should be off the hook. If they can't seem to rent it and you want to try to sublet, approach management about this. Chances are they will go for it becuase you are still responsible if the sublet tenant doesn't pay.