Dispute with rental agreement (apartment, lease, tenant, eviction)
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We have been living at our apartment in Scottsdale for the past 2 years, but looking to get a bigger place for us in an area closer to downtown where we work. We have had a great time at our complex, no issues with the leasing office or neighbors and always paid bills on time, if not earlier. Our lease ends January 3 so we were able to find a new landlord who is OK with us moving in late December so as to avoid paying double rent on the 1st. On October 21st we received an email as well as a signed hard copy of the letter on our door from the office manager at our apartment. It reminded us that we are coming to the end of our lease and that we have several options, to re-sign, go month-to-month or in the case that we do not wish to continue residency, our lease requires 30 days written notification. The "30 days written notification" was in bold. So a couple weeks ago, after we had secured the deposit to our new place, we wrote a letter to our office manager, thanking them for a great 2 years, but we are parting ways in order to move closer to work and my girlfriend.
The manager responded with an email that stated our lease required 60 days and that we had signed off on that 2 years ago, despite the letter that stated 30 days in bold. We were told by one associate that it was a typo, by another associate that it was in reference to only month-to-month residents and by another associate who said that although that letter was given to us, the one we signed two years ago is still valid.
We talked to the Arizona Fair Housing Association and they said that if we received a signed letter from the manager stating that they required 30 days notice from us, those are the new terms.
We are not trying to be malicious or get out of paying for rent because our lease ends the 3rd of Jan, we are already paying for the full month on the 3rd of December. It has been two years, we did not know what the lease stated and assumed that the letter was valid and our reminder, despite being a typo. We physically do not have the $1000 they are asking now for the month of January as we have put down just under $5000 for our new place.
What options do we have? I am incredibly frustrated and upset about the situation. I want to work with my apartment but they have threatened to put that we were evicted the last month even though we said we are paying our rent in full. Had the letter said 60 days, we would have given them 80. It said 30 days, so we gave them 40.
We talked to the Arizona Fair Housing Association and they said that if we received a signed letter from the manager stating that they required 30 days notice from us, those are the new terms.
... What options do we have?
Options? I'm not sure what you mean. The Arizona FHA estimation seems fair to me but I would check with a real estate attorney to clarify.
It seems more than nit-picky for the property management company to not only reneg on their letter in favor of the actual stipulation in the lease when you gave 40 days notice but to threaten you with saying that you were evicted. That threat is ludicrous anyway and could be construed as being intimidation. Did they put that threat in writing? If they didn't, I'd be inclined to confirm the conversation in writing (even an email) asking for their clarification of their required notice and the comment that they would note that you were evicted if you failed yo pay the additional amount they claim you owe.
Thank you for your feedback. By options I just meant if there was a way to go on some sort of a payment plan to pay the $1000 if that was our only option. We have had a consultation with a lawyer and they are reviewing the documentation that was both sent to us and sent from us. We are in our last year of college and have only had experience renting with this apartment so we wanted to go about everything the correct, mature way, but with a threat to evict us on shaky grounds, we have become a little worried about how this situation with progress. Thank you, again. We are new to this process so any advice helps!
We have had a consultation with a lawyer and they are reviewing the documentation that was both sent to us and sent from us.
Excellent - hopefully they can clear this up quickly and easily and to the benefit of your wallet! If you get a chance, it'll be interesting to know how this pans out. Good luck!
Any changes to the lease must be agreed to and signed by all parties. I doubt a form letter signed by management can change the terms of your lease.
I dont' think so either considering both parties have hard copies of the original lease. If the lease states 60 days than it's 60 days. And yes, it could've been a typo and I doubt a judge is going to hold up a clerical error over an actual signed lease. Claiming ignorance of knowing your lease isn't going to hold up either....you signed it..you should've read it.
Sometimes you have to pay doubt rent and double utilities...it's a pain and costly, but its hard to avoid.
As for the eviction....that's a empty threat. They can't evict you unless you fail to pay the rent or violate the lease some other way.
You've already got the new place? And you have copies of that paperwork? Essentially IMO that letter updated your lease terms.
Let them complain, don't pay, move out, do everything just as you would for 30 days and if they refuse to send you your deposit go to small claims with the letter, a typo is not your fault. AFHA is correct.
Everything written on the agreement must be agreed and signed by both the parties, if you face any trouble then you can change your lease with same procedure.
We have been living at our apartment in Scottsdale for the past 2 years, but looking to get a bigger place for us in an area closer to downtown where we work. We have had a great time at our complex, no issues with the leasing office or neighbors and always paid bills on time, if not earlier. Our lease ends January 3 so we were able to find a new landlord who is OK with us moving in late December so as to avoid paying double rent on the 1st. On October 21st we received an email as well as a signed hard copy of the letter on our door from the office manager at our apartment. It reminded us that we are coming to the end of our lease and that we have several options, to re-sign, go month-to-month or in the case that we do not wish to continue residency, our lease requires 30 days written notification. The "30 days written notification" was in bold. So a couple weeks ago, after we had secured the deposit to our new place, we wrote a letter to our office manager, thanking them for a great 2 years, but we are parting ways in order to move closer to work and my girlfriend.
The manager responded with an email that stated our lease required 60 days and that we had signed off on that 2 years ago, despite the letter that stated 30 days in bold. We were told by one associate that it was a typo, by another associate that it was in reference to only month-to-month residents and by another associate who said that although that letter was given to us, the one we signed two years ago is still valid.
We talked to the Arizona Fair Housing Association and they said that if we received a signed letter from the manager stating that they required 30 days notice from us, those are the new terms.
We are not trying to be malicious or get out of paying for rent because our lease ends the 3rd of Jan, we are already paying for the full month on the 3rd of December. It has been two years, we did not know what the lease stated and assumed that the letter was valid and our reminder, despite being a typo. We physically do not have the $1000 they are asking now for the month of January as we have put down just under $5000 for our new place.
What options do we have? I am incredibly frustrated and upset about the situation. I want to work with my apartment but they have threatened to put that we were evicted the last month even though we said we are paying our rent in full. Had the letter said 60 days, we would have given them 80. It said 30 days, so we gave them 40.
Your lease is the defining agreement. I'd hate for you to spend even more money on an attorney. The clerical error on the notice doesn't change the terms of the lease. Just like they can't just give you a notice that changes any other terms of the lease, an incorrect notice also doesn't change the terms of the lease. The fact that they gave you that notice more than 60 days before the end of your lease, also shows that they really meant 60 days, in my opinion.
Since you're going to move out on Dec 31st, before your lease expires anyway, they can't "evict" you for non-payment of rent. An eviction is to get you out of the property. You will already be out.
What will happen then, is they will take the rent out of your deposit for January, as well as any damages. They may send you a bill, if the deposit doesn't cover it.
What I would do, is continue with telling the landlord of your move-out date being December 31st, and that they can take out any rent due from your deposit, and you will expect a full accounting for your security deposit within the time allowed by AZ law. Then, just wait for the bill, and negotiate a payment plan, if you can at that point - IF you owe them any money beyond the security deposit.
A simple solution to the "change the lease" issue is for the tenant to sign the letter which changes the terms of the is to sign a copy of the letter and return that to the landlord. That way, the tenant has a copy of the landlord/PM's signature on the "change of lease terms" and the landlord has the original signature of the tenant. VIOLA! addendum, change of lease term.
Personally, I would add these words above my signature:
We agree to the change in the lease from 60 to 30 days for notice.
_/s/___
Tenant
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