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Old 11-19-2012, 06:41 PM
 
2 posts, read 6,061 times
Reputation: 10

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Hi all. I have an issue with my current apartment. My lease says I have to submit a notice I won't be renewing 60 days out. About 70 days out I started requesting the lease renewal notice, to see what the new rent would be, assuming an increase that I wasn't sure I wanted to pay for the size of the apartment. Despite my repeated attempts, they never gave me the renewal terms.

Worried, at 54 days out, I stopped by the leasing office to voice my concerns that I wasn't sure if I wanted to stay, but that I didn't have the renewal terms yet, and that if I decided I didn't want to stay I didn't want to be held to the 60 day notice. Both the assistant property manager and the property manager assured me that I wouldn't be held to it, they would back date the intent to vacate for me, and that they'd rather find me an apartment in the building than lose a tenant. I made it clear I could sign a vacate notice on the spot, because I wasn't sure I would stay even if I found an apartment here I liked, and they said it wasn't necessary and it wouldn't be a problem. They showed me a bigger apartment, and I let them know my roommate was out of town and wouldnt be available to see the apartment for 2-3 days.

My roomate looked at the apartment this past weekend, but we decided that we couldn't afford the price for the apartment and would like to vacate. The property manager just gave me a letter today saying if i decide to leave I can submit a 60 day vacate notice. . .10 days from now! keeping me here 70 more days! Do I have any remedy based on the conversations they are apparently not trying to honor?

Thanks in advance. . .
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Old 11-19-2012, 07:42 PM
 
Location: South Jersey
819 posts, read 3,208,407 times
Reputation: 1450
1st rule of renting - always get everything in writing
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Old 11-19-2012, 10:18 PM
 
Location: southwest TN
8,568 posts, read 18,110,026 times
Reputation: 16707
You have no remedy because you have no proof of those conversations. Submit your 60 day notice to vacate - in writing.
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Old 11-20-2012, 09:29 AM
 
Location: North Idaho
32,650 posts, read 48,040,180 times
Reputation: 78427
They are being very generous to let you out. You violated the terms of the lease and you did it while you knew you were doing it. You missed the period for giving notice to prevent the lease from automatically renewing. They could hold you for an entire year.

Instead, the lease says 60 days notice and they gave you an extension to file that. You got your extension but you still have to give the 60 days notice. Notices are by the rental period in some states and it appears they are by the rental period in your state. So you must give 2 full rental periods notice.

Sorry, but you don't get to spend 60 days waffling, not telling the landlord whether you are staying or not and then expect to be let out with 2 weeks notice. You have never given the landlord notice. The landlord can not make plans about a unit where the tenant might stay and might not stay and won't say one way or the other.
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Old 11-20-2012, 07:26 PM
 
2 posts, read 6,061 times
Reputation: 10
yeah, should have taken more responsibility there, our fault. anyhow thanks for the info guys, appreciate it!!!
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