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I'm wondering if anyone can provide me with options I have regarding my lease which was due to end on 10/10/14. I am unfamiliar with the renting process and I was unaware I was required to provide 60 days notice of terminating my lease. It does state this on my lease, so I understand this is my mistake.
I had just applied to a new apartment over the weekend, and didn't find out about the 60 days thing until afterwards. I went to talk to my apartment manager about hopefully letting me go on that technicality, as I'm still providing them 30 days notice. She said there is nothing they can do. She said I will be forced to rent until 60 days from now, which will be to the 13th of November. Not only will I be forced to stay past my contract end date, but after my contract end date they are pushing my monthly rent to a 'month to month' schedule, which means for those approx. 40 days, the rent price is about $450 higher than my typical rent schedule.
Luckily on my new apartment, I was able to push move in date back to Oct. 31. But I had been planning on moving within the next few weeks. Even if I wait for the Oct 31st move in, I'm still on the hook for paying that incredibly high increased rent price throughout October, as well as half a month's rent after I'm gone in November. In total it'll be costing me about $1000 in extra costs, plus a full month of a delayed move for me.
I'm really hoping there's still something that can be done about this. I understand subletting is not legal for me. I am wondering if, however, there's still some way I can transfer my lease, or add someone else to it without me being held financially responsible if they wreck the place. Is there anything I can do? I understand the situation could've been worse, but I am on my first job out of college and that $1000 would be a huge blow to me.
I'm wondering if anyone can provide me with options I have regarding my lease which was due to end on 10/10/14. I am unfamiliar with the renting process and I was unaware I was required to provide 60 days notice of terminating my lease. It does state this on my lease, so I understand this is my mistake.
I had just applied to a new apartment over the weekend, and didn't find out about the 60 days thing until afterwards. I went to talk to my apartment manager about hopefully letting me go on that technicality, as I'm still providing them 30 days notice. She said there is nothing they can do. She said I will be forced to rent until 60 days from now, which will be to the 13th of November. Not only will I be forced to stay past my contract end date, but after my contract end date they are pushing my monthly rent to a 'month to month' schedule, which means for those approx. 40 days, the rent price is about $450 higher than my typical rent schedule.
Luckily on my new apartment, I was able to push move in date back to Oct. 31. But I had been planning on moving within the next few weeks. Even if I wait for the Oct 31st move in, I'm still on the hook for paying that incredibly high increased rent price throughout October, as well as half a month's rent after I'm gone in November. In total it'll be costing me about $1000 in extra costs, plus a full month of a delayed move for me.
I'm really hoping there's still something that can be done about this. I understand subletting is not legal for me. I am wondering if, however, there's still some way I can transfer my lease, or add someone else to it without me being held financially responsible if they wreck the place. Is there anything I can do? I understand the situation could've been worse, but I am on my first job out of college and that $1000 would be a huge blow to me.
Your lease ends on the 10/10/2014, can you be out of there by that date ?
I don't see anything they did that is illegal, although I think $450 more for a month to month is ludicrous. We charge $25 more for month to month. Still not illegal.
If you've already talked to the landlord and they won't waive it, there isn't a whole lot you can do. Ask the landlord if they will let you out if you find a new tenant for them. But make sure it would actually be a new tenant, not a replacement for you, or someone taking over your lease, both of which might keep some of the liability on you if they don't pay or do trash the place.
In most cases, if you break your lease, there is a penalty, which may include them keeping your deposit and/or charging up to 2 month's worth of rent. I think it is unlikely that a lease break would cost less than the $1000 you are already looking at.
Take this as a life lesson to always read and understand any contract you sign, and always know your deadlines. In the big picture, $1000 isn't that big of a hit to learn this lesson. My first apartment after college, I purposely scheduled a month of overlap between where I was moving from and where I was moving to, so I wouldn't be homeless if there was a delay, so I would have time to clean and so I wouldn't feel rushed. That cost me about $650 extra.
What does the current lease state about breaking the lease? There should be something in there.
There was something in there about breaking the lease, with an amount associated with it. I have the lease at home, I'll have to check after work. However, I did not really understand what breaking the lease meant, and how that plays along with the 60 days notice. If I'm on the hook for 60 days, why do I also have a lease break option? I noticed this when I was talking to the manager about getting out of my lease, but it seemed she brushed off the question and just said I need to provide my 60 days.
She said I will be forced to rent until 60 days from now, which will be to the 13th of November. Not only will I be forced to stay past my contract end date, but after my contract end date they are pushing my monthly rent to a 'month to month' schedule, which means for those approx. 40 days, the rent price is about $450 higher than my typical rent schedule.
Read your lease carefully. You have to give 60 days notice of intent but that sort of clause usually holds the LL liable to likewise give you 60 days notice of any intent to raise the rent after its end date. If it seems ambiguous, have a real estate attorney take a look at it and advise you. You can also check your state landlord tenant laws on the subject which you'll find linked in the first "sticky" on this forum.
I don't see anything they did that is illegal, although I think $450 more for a month to month is ludicrous. We charge $25 more for month to month. Still not illegal.
If you've already talked to the landlord and they won't waive it, there isn't a whole lot you can do. Ask the landlord if they will let you out if you find a new tenant for them. But make sure it would actually be a new tenant, not a replacement for you, or someone taking over your lease, both of which might keep some of the liability on you if they don't pay or do trash the place.
In most cases, if you break your lease, there is a penalty, which may include them keeping your deposit and/or charging up to 2 month's worth of rent. I think it is unlikely that a lease break would cost less than the $1000 you are already looking at.
Take this as a life lesson to always read and understand any contract you sign, and always know your deadlines. In the big picture, $1000 isn't that big of a hit to learn this lesson. My first apartment after college, I purposely scheduled a month of overlap between where I was moving from and where I was moving to, so I wouldn't be homeless if there was a delay, so I would have time to clean and so I wouldn't feel rushed. That cost me about $650 extra.
Thanks for your response. I know they're doing nothing illegal. I am just wanting to find some way that I won't be learning such an expensive lesson. What frustrates me most is that they sent a prior letter about renewal options, but made no mention of 60 days notice. That is just a crappy tactic in my opinion.
Anyway, yes, they're bumping me up from 1130 to $1550, which is just unreasonable. But again I understand this is nothing illegal.
The lease break fee was less than $1000. Again as I said above I don't understand what exactly this is, but I remember there was a number written under $1000. I'm unsure if that's in addition to extra months rent or what, I'll have to see when I get home.
As far as finding a new tenant, how would I do that? This is an apartment complex, so I just don't see how I would have any luck convincing someone to go along with that, as they could simply walk in the office and sign a new lease on their own.
I know they're doing nothing illegal. I am just wanting to find some way that I won't be learning such an expensive lesson. What frustrates me most is that they sent a prior letter about renewal options, but made no mention of 60 days notice. That is just a crappy tactic in my opinion.
I believe you're in TX and it seems from this clause that your LL also has to give you 60 days notice of intent to renew or not and any changes to the present lease:
Read your lease carefully. You have to give 60 days notice of intent but that sort of clause usually holds the LL liable to likewise give you 60 days notice of any intent to raise the rent after its end date. If it seems ambiguous, have a real estate attorney take a look at it and advise you. You can also check your state landlord tenant laws on the subject which you'll find linked in the first "sticky" on this forum.
They did provide me with a letter (the manager stated it was 75 days prior to contract end date) with the renewal options as well as the month to month rate I'll be charged. What angers me is that it stated to check my lease for details, and then that if I do not provide written notice prior to contract end date, that my lease will roll over to month to month. So I read this as.. okay, if I don't move out by then, I'll go month to month, no problem. It's just such a sneaky tactic IMO. All they had to do was state 60 days in that letter and I'd have done it.
They did provide me with a letter (the manager stated it was 75 days prior to contract end date) with the renewal options as well as the month to month rate I'll be charged. What angers me is that it stated to check my lease for details, and then that if I do not provide written notice prior to contract end date, that my lease will roll over to month to month. So I read this as.. okay, if I don't move out by then, I'll go month to month, no problem. It's just such a sneaky tactic IMO. All they had to do was state 60 days in that letter and I'd have done it.
Well, sorry, it may anger you but it seems they went by the book after all. It's up to you to read and understand both the terms of your lease and your state landlord tenant laws. All you can do is sit down and talk to them to see if you can reach a compromise.
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