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Old 01-02-2013, 03:05 PM
 
93 posts, read 294,956 times
Reputation: 78

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Looking for additional input/direction etc. on a little issue we are having with our rental company.

We are currently in the final month of our lease (it ends Feb.4th, 2013). We understand it is required that you give the property managers 30 days notice to vacate the apartment - which we plan to do. We faxed our notice in today (Jan. 2nd) and they said because it wasn't submitted on the 1st of the month, they have no choice but to make us stay an extra month at pro-rated rent price.

This seems awfully fishy and unreasonable to us. Not only was it new years (they wouldn't even have been in the office until today) - but it's only one day late. And the fact that we have no other option than to stay a whole month (at pro rated prices) is retarded. It's pro rated because you don't stay a whole month right? Why can't we just stay an extra week (or less) at pro rated price? In the past few years, our apartment managers have always been pretty accommodating in trying to work with us on move in/out dates. the first of the month being the only day you can move out seems ridiculous.

Is there anyone out there who has had a similar experience? Is there anything we can do? This absolutely cannot be legal...

HELP please? Thanks in advance!!
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Old 01-02-2013, 03:27 PM
 
Location: Denver, CO
1,627 posts, read 4,207,073 times
Reputation: 1783
If they're gonna be pedantic about it, you could remind them that January has 31 days...

Besides which, if you're lease ends on the 4th of February, I'd say that's well within their 30 days. I would put that in writing to them (politely), hand deliver it, see what they have to say about it. If they won't comply, might be good to at least call up a paralegal or your lawyer if you have one. I suspect they can do something for you for a minimal fee that will resolve this.
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Old 01-02-2013, 06:03 PM
 
Location: Na'alehu Hawaii/Buena Vista Colorado
5,529 posts, read 12,604,056 times
Reputation: 6187
Is the 30-day notice specified in your lease?

Do you have a receipt that the fax was sent today?

I can kinda see their point that your 30-day notice puts them into February, so they can't rent the apartment beginning February 1. BUT, that's their problem because you did give them notice more than thirty days prior to your lease expiring. Since they are talking about paying some sort of pro-rated rent, perhaps you could offer to pay a pro-rated rent from February 1 to February 4?

To take zenkonami's suggestion one step further, I suggest sending them the polite letter via certified mail (in addition to the hand delivery). That way you have a record of sending date. Send it "return receipt" and they will have to sign for it.
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Old 01-02-2013, 06:12 PM
 
93 posts, read 294,956 times
Reputation: 78
OK, just giving an update here, but I did speak with them over the phone a little earlier. Apparently they mis-read my lease, and it actually was a 13 month lease not a 12 month (very odd...), but I won't have to do any pro-rated rent stuff. We just have to move out a month later than planned which is kind of annoying, but could have been much worse.

Thanks anyways though haha! Happy 2013,
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Old 01-02-2013, 06:22 PM
 
14,917 posts, read 13,061,012 times
Reputation: 4828
If the lease ends on Feb 4th, then doesn't the lease just end on Feb 4th? What's with the 30 day crap - that's what's required to end a month-to-month tenancy when there's no written lease.

And like others have said, even if you are in fact required to give 30 days notice, you gave 33 days notice.
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Old 01-05-2013, 06:36 PM
 
Location: Denver & Boulder regions
166 posts, read 410,145 times
Reputation: 184
Remind them that Jan 1 is a federal holiday (so it isn't counted). Also that your lease ends Feb 4, basically you gave a minimum of 30 days' notice, per lease agreement. (Mention too if they'd like to address your situation with DORA, you'd be happy to assist!! lol.). Keep a record of all correspondences and the confirmation cover sheet of your fax.
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Old 01-05-2013, 06:49 PM
 
6,459 posts, read 11,996,634 times
Reputation: 6395
Quote:
Originally Posted by KottkeKU View Post
OK, just giving an update here, but I did speak with them over the phone a little earlier. Apparently they mis-read my lease, and it actually was a 13 month lease not a 12 month (very odd...), but I won't have to do any pro-rated rent stuff. We just have to move out a month later than planned which is kind of annoying, but could have been much worse.

Thanks anyways though haha! Happy 2013,
Ha! Ha! It sounds like they're yanking your chain. LOL!

Never, ever heard of a 13 month lease. They're lying.

Ask them WHERE on your lease it says this? I bet they can't find it.
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