Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 06-27-2013, 10:30 PM
 
9 posts, read 12,354 times
Reputation: 13

Advertisements

I'm moving out of my apartment. My month-to-month contract says I need to give 30 days notice, which I gave, in writing, on the 6th. While speaking to the property manager via email, I asked if I could leave on the 1st instead of the 6th. I was told that was fine.

I received a confirmation letter stating that I was required to leave on the 1st, but must pay through the 6th. I called the property manager, and said I'd be happy to pay through the 6th, but that I would stay in the apartment as long as I was paying for it (a few extra days would be very helpful with my move). I was told that this was not an option; I must pay the first weeks rent, and still be out by the 1st.

It seems weird that they are requiring me to pay rent when I'm not allowed to be in the apartment, and it seems like a gray area that isn't really addressed in my contract. I also am suspicious as I was talking to the manager, I was told at first that my money would be refunded, then I was told it would be partially refunded, before another manager told me that it wouldn't be refunded at all.

Thoughts?
Reply With Quote Quick reply to this message

 
Old 06-28-2013, 04:07 AM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,690,877 times
Reputation: 26727
Read your rental agreement carefully. If your rent due date is the 1st of the month you may find that the wording in your agreement requires you to give 30 days notice based on that date and not simply on a general and arbitrary "30 days notice". Also check your state landlord tenant laws which you'll probably find linked in the first "sticky" on this forum.

When you talk about your money being refunded are you referring to a security deposit? Again read your state laws about security deposits. Most states require and stipulate that a security deposit must be returned to the tenant within a certain number of days of quit, less any deductions which must be itemized in writing. You should also arrange to do a walk-through with the landlord prior to leaving so that you know of any deductions which might be made for any damages other than normal wear and tear.

You do seem to be getting mixed messages but reading the pertinent sections of your state laws and your rental agreement should help sorting this out. Good luck.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 07:42 AM
 
9 posts, read 12,354 times
Reputation: 13
I'm not referring to the deposit. There is a new tenant moving in a few days into July, so I was told that I would be refunded either for the entire week, or just the days they had moved in (the details were different depending on whom I talked to). My rental agreement states '30 day written notice'.

I'm moving out of the city, so I probably need to have a good referral. I feel like I have no real option other than pay the few hundred bucks, even though it's unfair.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 08:08 AM
 
4,399 posts, read 10,668,610 times
Reputation: 2383
Quote:
Originally Posted by mynameisgreatTT View Post
I'm moving out of my apartment. My month-to-month contract says I need to give 30 days notice, which I gave, in writing, on the 6th. While speaking to the property manager via email, I asked if I could leave on the 1st instead of the 6th. I was told that was fine.

I received a confirmation letter stating that I was required to leave on the 1st, but must pay through the 6th. I called the property manager, and said I'd be happy to pay through the 6th, but that I would stay in the apartment as long as I was paying for it (a few extra days would be very helpful with my move). I was told that this was not an option; I must pay the first weeks rent, and still be out by the 1st.

It seems weird that they are requiring me to pay rent when I'm not allowed to be in the apartment, and it seems like a gray area that isn't really addressed in my contract. I also am suspicious as I was talking to the manager, I was told at first that my money would be refunded, then I was told it would be partially refunded, before another manager told me that it wouldn't be refunded at all.

Thoughts?
If you did not provide this statement in writing tell, him per your notice you will be paying through the 6th and leaving on the 6th. Sounds like you asked a question not gave a modification to your notice.
Though you should more thoroughly research state law and make sure your notice was long enough to be effective on the first(you gave notice on 6th, in some states that would not be effective until the next full month(ie August first if you gave it June 6th)

Last edited by jdm2008; 06-28-2013 at 08:42 AM..
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 08:33 AM
 
Location: NJ
17,573 posts, read 46,134,620 times
Reputation: 16273
You could try and play hardball. Tell them to pick one of two options:

You pay and stay through he 1st
You pay and stay through the 6th

See what happens.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 08:41 AM
 
9 posts, read 12,354 times
Reputation: 13
I tried playing hardball, and was shut down. They will probably send me to collections if I don't pay.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 08:43 AM
 
9 posts, read 12,354 times
Reputation: 13
Quote:
Originally Posted by jdm2008 View Post
If you did not provide this statement in writing tell, him per your notice you will be paying through the 6th and leaving on the 6th. Sounds like you asked a question not gave a modification to your notice.
Though you may wish to tread carefully as your state law may dictate that your notice is not effective until the next month, which means you would need to pay the entire month, though your property manager may not be aware of this.
I gave written notice saying 'here is my 30 days notice' on the 6th. She responded, 'when do you want to move'. I responded, 'The 1st would be best if that's possible'. She said, 'Ok'.

I assumed, I believe rightly, that if she said moving out on the 1st was ok, I wasn't going to be charged. She never mentioned anything about paying through the 6th.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 08:55 AM
 
Location: NJ
17,573 posts, read 46,134,620 times
Reputation: 16273
Have you asked them for clarification? Why they expect you to pay for days you won't be there?
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 09:03 AM
 
9 posts, read 12,354 times
Reputation: 13
Quote:
Originally Posted by manderly6 View Post
Have you asked them for clarification? Why they expect you to pay for days you won't be there?
Yes. I spoke with no fewer than 4 reps/managers, each kept sending me up to the next level up. The last woman told me that I agreed to leave on the 1st, and that I also have an obligation to pay through 30 days, and that I can't stay because a new tenant is moving in.

Seems crazy to me.
Reply With Quote Quick reply to this message
 
Old 06-28-2013, 09:17 AM
 
Location: NJ
17,573 posts, read 46,134,620 times
Reputation: 16273
Check your local laws, but I thought it was illegal for a LL to collect rent from two people at the same time.

I also don't agree with "I agreed to leave on the 1st". You asked if you could. That is not the same thing. Did you ever actually say that yes you were leaving on the 1st?

Of course you need to weigh if this is worth it.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Real Estate > Renting
Similar Threads

All times are GMT -6. The time now is 12:47 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top