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Can anything be done as far as me receiving the 60 day notice telling me that I needed to give one before leaving as well as falsifying information that my lease will end in February & it was dated after said lease was already over by a few days? The notice also said that the lease renewal offer would be expiring 1/6 and rates will increase by additional 3% or more.
Can anything be done as far as me receiving the 60 day notice telling me that I needed to give one before leaving as well as falsifying information that my lease will end in February & it was dated after said lease was already over by a few days? The notice also said that the lease renewal offer would be expiring 1/6 and rates will increase by additional 3% or more.
Once the lease ended, it went to month to month no? You didn't tell them before the other lease was up that you were leaving, so they assumed you were staying. If you are leaving, give them their 60 day notice and move out.
They are offering you to renew your lease and are giving you until the 6th of Jan to do it. A rental increase anywhere from 3-10% is the norm.
Can anything be done as far as me receiving the 60 day notice telling me that I needed to give one before leaving as well as falsifying information that my lease will end in February & it was dated after said lease was already over by a few days? The notice also said that the lease renewal offer would be expiring 1/6 and rates will increase by additional 3% or more.
No. You already knew you were required to give a 60 day notice. The fact that you didn't get a copy of your signed lease earlier doesn't render its terms unenforceable. There is no "falsifying information" - obviously this is a clerical error and, as mentioned before, what is legal is the signed lease you have unless you've signed anything further which alters its terms.
Give your 60 day notice before December 3rd and then you have the choice to either stay there for those 60 days or move out but still pay for those two months.
You don't have any wiggle room unless the LL is agreeable to a compromise.
No rent increases or Lease Contract changes are allowed before initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10 (resident responsible for all utilities), by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules under paragraph 18 (community policies/rules). If, at least 5 days before the advance notice deadline referred to in paragraph 3, we give you written notice of rent increases or lease changes effective when the lease term or renewal period ends, the Lease Contract will automatically continue month-to-month with increased rent or lease changes. The new modified Lease Contract will begin on the date stated in the notice (without necessity of your signature) unless you give us written move-out notice under paragraph 37.
If the deadline is the date the lease is up (because that's all paragraph 3 is) then I didn't get notice of the rental increase in sufficient time. If I do put in a 60 day notice, I will probably end up getting evicted because due to financial hardship, I just can't afford the extra months that I didn't sign up for.
I have been calling attorney offices all morning but I think 99% are off for NYE. I guess I will try to see if the management office will allow me to put in 30 days notice instead of 60 days cause I made a slip up as well as they did on their own part. If not then I will put in a less than 30 day notice and move out and go to court. I can only be responsible for not putting in a sufficient notice to vacate. They didn't send me the lease renewal info until after my lease was over so how can I be held accountable for their error as far as rental increase? I know it was my responsibility for the notice-to-vacate.
STT - I understand that it's a clerical error but they have my lease info completely wrong and are basing everything they're sending me off of the February 2011 out date. If my lease really did ended in February then we wouldn't be going thru this cause they did everything properly as far that out date but my lease has been over since Dec 3rd. I just don't know if I should just put in the immediate notice and take it to court.RENT INCREASES AND LEASE CONTRACT CHANGES:
No rent increases or Lease Contract changes are allowed before initial Lease Contract term ends, except for changes allowed by any special provisions in paragraph 10 (resident responsible for all utilities), by a written addendum or amendment signed by you and us, or by reasonable changes of apartment rules under paragraph 18 (community policies/rules). If, at least 5 days before the advance notice deadline referred to in paragraph 3, we give you written notice of rent increases or lease changes effective when the lease term or renewal period ends, the Lease Contract will automatically continue month-to-month with increased rent or lease changes. The new modified Lease Contract will begin on the date stated in the notice (without necessity of your signature) unless you give us written move-out notice under paragraph 37.
If the deadline is the date the lease is up (because that's all paragraph 3 is) then I didn't get notice of the rental increase in sufficient time. If I do put in a 60 day notice, I will probably end up getting evicted because due to financial hardship, I just can't afford the extra months that I didn't sign up for.
I have been calling attorney offices all morning but I think 99% are off for NYE. I guess I will try to see if the management office will allow me to put in 30 days notice instead of 60 days cause I made a slip up as well as they did on their own part. If not then I will put in a less than 30 day notice and move out and go to court. I can only be responsible for not putting in a sufficient notice to vacate. They didn't send me the lease renewal info until after my lease was over so how can I be held accountable for their error as far as rental increase
STT - I understand that it's a clerical error but they have my lease info completely wrong and are basing everything they're sending me off of the February 2011 out date. If my lease really did ended in February then we wouldn't be going thru this cause they did everything properly as far that out date but my lease has been over since Dec 3rd. I just don't know if I should just put in the immediate notice and take it to court.
If not then I will put in a less than 30 day notice and move out and go to court. I can only be responsible for not putting in a sufficient notice to vacate. They didn't send me the lease renewal info until after my lease was over so how can I be held accountable for their error?
The primary issue here is that you haven't given the required 60 day notice to vacate, the secondary issue is the question of the notice of rent increase. Whether your rent is increased or not for those 60 days you are still liable for those 60 days of rent whether you stay there or not. This is what your lease states. It's a contractual agreement which you signed and you are legally obligated to abide by its terms. Hopefully you can soon find an attorney who can explain this in simpler terms and maybe can help mitigate your damages. Good luck!
I need some legal advice regarding my tenant rights (my first time renting) in Tennessee cause I think my apartment is trying to force me into staying here! I signed a 9 month lease back on March 4th 2010 which ended Dec 3rd and am still here due to not realizing that it did ended then otherwise I would have done this properly, I also never got a copy of the lease but I was told that orally (I know that does not hold up in court) 60 (which I didn't remember) how many ever days from the lease expiring I would receive a notice to renew or any other options so...I was waiting on the notice these past few months. I received the 60 day notice/lease renewal/rental increase on my door on Dec 7th saying my lease would be ending on Feb 3rd 2011 & I needed to give proper notice to vacate before leaving which is 60 days for them, rent was increasing regardless of me signing 6, 12, or month-to-month, & if I didn't sign the renewal offer my renewal rates could increase 3% or more by 1/6 so no, I didn't sign anything. I tried to get another place but they refuse to send out my rental history to the new apts because I haven't signed another lease nor gave the 60 day notice because obviously it's too late & I'm still trying to figure out the best way to resolve this issue. I went and got a copy of the lease yesterday cause she kept tellin me my lease ended in Feb when I distinctly remember signing a 9 month lease so she looked on her comp told me the computer is showing the lease expiring on February 3rd 2011 but the lease that I got a copy of expired Dec 3rd...anyway..I can't afford to stay here anymore but am I legally bound to the contract if it says Lease contract will automatically renew month-to-month UNLESS either party gives at least 60 days written notice of termination or intent to move out as required by paragraph 37. Technically, I got the notice after my lease was over & I had already paid for this month but I paid my regular rent instead of the month-to-month because I was unaware that the lease ended on Dec 3rd and apparently, due to their own clerical error ..they didn't know either. I really don't know what to do cause the leasing agent is not being cooperative nor understanding & is basically saying oh well, you still have to stay even though they were at fault and weren't acting in good faith. She said if you knew it was ending then why didn't you give a notice? I was waiting on that letter which would have came if they had the correct date entered! I refuse to stay here & plan to be out by Jan 3rd since this month was already paid. I just need to know what could happen..I'll go to court or pay the early move-out for not giving proper notice but they will not force me into staying here. Am I just SOL in this situation? I know it was my duty to review and abide by the binding agreement I signed & I would've if they gave me a copy but I do know this for future reference but I believed that they wouldn't have did me dirty but obviously, I was very wrong. Thanks in advance for any input.
If I'm understanding correctly, you signed an agreement that expires December 3 and requires you to give 60 day notice of termination. But you were waiting on their renewal offer to give notice. So you didn't. I think you are out off luck and you have to pay till when you gave notice(60 days). Andrea is incorrect, they do not have to give you a move out notice. They only have to do that if they are terminating your tenancy, they were not required to send you a renewal or any other notice. It would have been nice but you can't trust a landlord to look out for your best interest. Andrea is incorrect, the landlord isn't required to send you any notice unless they are terminating your tenancy and want you to leave. They can do nothing until you want to leave, and they have the right to demand the 60 days notice as is in your contract.
If they do not terminate the lease continues month to month with the same terms(60 days notice). They cannot raise your rent unless they have sent you a change in tenancy agreement with the appropriate notice period(30 days usually), you may have to sign it you may not that depends on the state(most places you do not). So if they have not raised your rent(rent may go up 3% does not count) then you do not have to pay a rent increase.
Andrea is incorrect, they do not have to give you a move out notice. They only have to do that if they are terminating your tenancy, they were not required to send you a renewal or any other notice.
Mea culpa, noiesha - jdm is correct.
But I still think if you talk with them politely and tell them you purposely took that 9-month lease instead of a 1-year lease for the reason you knew you'd be out of $, they may take pity on you and cut you some slack. And pointing out that clerical error can't hurt.
The last thing they want to do is spend money to go after you in court. They will want to come to some kind of agreement over this.
My problem with rent renewal is different, and I really need help.
Ok, can an apartment manager leave a note on your door 15 days before your lease is up "I loved in stating they will not be renewing your lease with no reason written on it. then put another note on your door the next day stating "my apartment has been preleased or in the process of being preleased and they will be showing the apartment. More or less rather I'm in it or not. I have never been late with my rent or done anything wrong. I do want to move, but I think I should have more time than the 30 days they are given me to save money and its not liked picking a chair or table, I have to find a home, which is important to me, plus a place I plan to stay for the rest of my life. So please help me understand if you can.
Thanks
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