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I need some advice and it seems others have come across something similar. I will break down the situation first:
My apartment requires a 60 day notice otherwise it goes month to month (paraphrasing). I turned in my notice before the 60 days since I was undecided at the time. I called the apartment manager and spoke with him over the phone regarding possibly renewing the lease. My issue was I had yet to receive any notification on what new terms and such would be if I was to renew. I told him depending on what information they gave me (ie what rent would become, whether it would go up or remain the same) I would possibly renew my lease. He advised me then "Well if you are unsure then I would recommend coming in and canceling the notice and we will make sure to get you the information asap." So I went ahead and came in to do so. Almost another week later I finally got the notice (at this point passed the 60 day notice time frame) and once again tried to schedule an appointment to discuss. I was told "only the manager can help with that" and was told I would be called back. Once again another week passed by and I finally got a call. I informed them that I would not be staying in my current apartment but am possibly considering upgrading to a bigger apartment. I was then told to come in to schedule a showing. The next day I called again and told them that I found another property instead and would indeed be leaving. Once again I was told I had to speak to the manager (this was 1/30). Again I was not contacted for a few days, and again not by the manager. Another employee told me I had to come in (this was now on 2/1) and refill another intent to leave. Over a week later now, the manager calls me and tells me I will now owe them additional money for the month AFTER my lease ends due to "not giving them 60 day notice".
This seems INCREDIBLY shady to me and need some advice.
It seems like there was a lot of calling back and forth. What do you have in writing? Whatever is in writing will be the only thing that can be substantiated at this point.
I have a copy of the lease of course which does state the whole 60 day thing. But I also have the letter that they sent me regarding new terms with a date and signature passed the 60 day timing. If I recall, and I don't have the lease in front of me but it's fairly standard, I thought the way it is worded is that BOTH parties are required to give the necessary information by that 60 day time frame.
What's worse is I flat out don't have the money to even pay them, even if I wanted to. Since it once again took them over a week to even contact me after the second notice, I've already put down over $3k on a new place and am moving into it this coming weekend. Had they contacted me within a day or two after the last notice I could have at least stuck it out and stayed at the current place until this, quite frankly, BS was done and over with.
You're just as much at fault as they are. You were moving then staying then moving to other apartment then staying then moving.
Now it's all their fault. Come on. They gave you their notice you gave yours you should of left it at that. Or you could of said I need a lease agreement with the new conditions within 24 hrs. Of my notice if you want me to stay otherwise my notice to vacate stands. Look at the lease. Did they send you a written notice to vacate as per lease? Was ANY of the back and forth stay move indecisiveness in writing or verbal? If it's all verbal and you sent your notice to vacate in writing they don't have much to stand on. Did you get a copy of the notice to vacate. Any proof you sent it to them like a received signature request?
60 day notice should be via certified, return receipt mail. You don't go in there and talk to people about notice and wait days while they return your call.
Sounds like you originally gave notice and then changed your mind and decided to stay. So they allowed you to 'undo' the original notice. Then you changed your mind again and wanted a larger apartment. Then you changed your mind again and decided to move.
By 'undoing' your original 60 day notice, you caused yourself to miss the date. You owe rent for the extra month because you didn't give proper notice. The way it works is you give 60 day notice but you stay there and pay rent for the 60 days before move out. If you want to leave sooner, you still owe rent for that 60 day period.
If you cannot afford, then stay another month and stay out your entire 60 day notice and try to delay move-in at your new place. That's probably impossible at this point.
Is the only thing in writing with YOUR signature, your 60 day notice to move? Did you sign anything else after that to change that notice? In writing? With your signature on it?
What counts is what is in writing.
A letter from them, signed only by them, that says what the new terms offered are, doesn't count.
If there is nothing in writing that YOU signed after your 60 days notice, then stick with that, and let them know that's the only thing enforceable.
If there is something since your 60 day written notice, that you signed changing that 60 day notice, then you're stuck with that.
It's the written documents that matter in real estate. Only a month-to-month agreement can be verbal.
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