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I bought a home in Charlotte back in May but lived out my lease which ended on Oct 5 while doing renovations to my new place. Actually, I was moved out by Sept 5 but still paid Sept rent.
Well, I get a letter from the apt. manager last week saying that I owe $153.00, a prorated amount for Oct 1-5. I was at this apt. for 4.5 years and looking back at each of my leases, each lease agreement that I signed started on the 1st of a month and ended on the last day of the month except this last lease. It started on the 1st of Oct 2013 but ended on Oct 5th 2014.
This is pure trickery if you ask me. Yes, I signed it, but I signed a 12 month lease (which is handwritten within the lease), not a 12 month and 5 day lease.
This appears to be a new tactic used by leasing managers to get one last chunk of money after you move out.
So, I am going to fight it if I feel I have a snowballs chance in hell. Has anyone used an attorney that deals in landlord/tenant issues? Thanks.
Look for a local real estate attorney. It's not "trickery" since that is what you agreed to pay rent until October 5th when you signed. It is your job to read the lease BEFORE you sign the lease.
I hate to be the bearer of bad news, but you will owe the $153 if you had possession of the apartment for those days. This is perfectly legal and no trickery. Whether you were living in the apartment is not the issue. If you have the keys, you are still in possession of the apartment.
You can talk to attorneys as much as you'd like, but you will be told the same thing I just said.
You can either pay the rent owed or ask that it be deducted from your security deposit if you haven't already had it returned or received the itemized list of deductions. Call them up and talk to them. Be polite. You get a lot more bees with honey than vinegar.
Trickery is definitely involved. But that doesn't mean it's not legal. Again, if you turned the keys in before Oct. 1, you might have a case. Otherwise, you're screwed.
Trickery is definitely involved. But that doesn't mean it's not legal. Again, if you turned the keys in before Oct. 1, you might have a case. Otherwise, you're screwed.
Do you care to elaborate on your statement about trickery? There is none there that I see. I've been in the property management business for over 14 years and nothing about this situation says trickery.
You are responsible for paying rent on a leased property until you are evicted or turn in the keys. And being evicted doesn't always remove the responsibility to pay rent. This kind of thing has been hashed out in court many, many times and it never goes the tenant's way. It's a simple matter of who is in possession of the property. If, as the OP says, he moved out 5 days into October, he is responsible for 5 days of rent. Period. If there was an issue with it, the OP should have addressed it before signing the lease. The dates of the lease are one of the easiest things to spot on a lease other than the names of the parties involved.
Do you care to elaborate on your statement about trickery? There is none there that I see. I've been in the property management business for over 14 years and nothing about this situation says trickery.
You are responsible for paying rent on a leased property until you are evicted or turn in the keys. And being evicted doesn't always remove the responsibility to pay rent. This kind of thing has been hashed out in court many, many times and it never goes the tenant's way. It's a simple matter of who is in possession of the property. If, as the OP says, he moved out 5 days into October, he is responsible for 5 days of rent. Period. If there was an issue with it, the OP should have addressed it before signing the lease. The dates of the lease are one of the easiest things to spot on a lease other than the names of the parties involved.
This was the first line of the OP: I bought a home in Charlotte back in May but lived out my lease which ended on Oct 5 while doing renovations to my new place. Actually, I was moved out by Sept 5 but still paid Sept rent.
It looks like he moved out September 5th a month before he says the lease officially ended.
Reenzz is correct here. The lease ended Oct 5, not Sep 5. Not any other date. Even if the OP gave a 30-day notice, the management company would have no obligation to release him from the lease. They could have charged the OP for the rent and possibly the cost to rerent. If the OP refused to pay, the company could have filed for eviction, been granted a judgment and the OP's credit would take a hit.
Last edited by spankys bbq; 10-16-2014 at 02:40 PM..
Reason: removed part of my post
This was the first line of the OP: I bought a home in Charlotte back in May but lived out my lease which ended on Oct 5 while doing renovations to my new place. Actually, I was moved out by Sept 5 but still paid Sept rent.
It looks like he moved out September 5th a month before he says the lease officially ended.
Okay he moved out, congratulations to him. What is on the lease?
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