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The backstory to this dilemma is as follows. Beginning April 2016, I have been in sporadic contact with my apartment complex office staff. I am scheduled to depart the country to a rather austere environment in about 4 weeks and have yet to resolve an early move out due to the most incompetent and unprofessional service I've encountered in my renter's history. It has been a nightmare having anyone respond in a timely manner and each day that passes is costing me more money.....something they benefit from.
Due to them failing to respond to my inquiries and requests in a timely manner in addition to playing stupid when it comes to verbal discussions regarding my early move out notice.....I am now a couple thousand dollars further into this from extra two months rent on top of the $3,000 required for the "buy out" fee. Considering they've intentionally delayed a ridiculous amount in responding to my questions/concerns and ultimate move out notice, I'm in no hurry to pay out any further amounts then necessary.
My question is with a possible loophole in regards to a Rent Concession Addendum. During the move in process, a promotion to sign a lease within a set time was $100 off every month. It states in the event of a move out prior to the lease end date, the monthly rent concessions are required to be paid back. In every other part of the lease form, all boxes are appropriately "checked" electronically with electronic signatures on each page. In regards to this specific form, it states that the tenant is required to repay the concession amounts received during the months of occupancy. The following paragraph states to "check those that apply - concessions and/or discounts." Nothing is checked! The electronic signatures are present already.
This clearly was an error on their part by not "checking" all those that apply, in this case the rent concession "box." I have $800 riding on this possible error on their end. If I confront them about this and explain that I am technically not liable for the rent concession repayment due to this, do I have a leg to stand on? I expect them to fight it.....but I would like to know if I also have a good case to counter them.
Do you have a chance in court? I doubt it since the payback of the discount is outlined elsewhere. You know you owe the money, just pay it instead of trying to cheat your way out of it.
Oregonwoodsmoke, unless you knew the entirety of the circumstances and the intentional delays in order to gain two extra months of rent out of MY pocket.....thanks for your ignorant speculations. You're an idiot.
Considering I would be held accountable if I made an error on the lease form and signed it anyway, I expect the same criteria be met at their end.
Oregonwoodsmoke, unless you knew the entirety of the circumstances and the intentional delays in order to gain two extra months of rent out of MY pocket.....thanks for your ignorant speculations. You're an idiot.
Considering I would be held accountable if I made an error on the lease form and signed it anyway, I expect the same criteria be met at their end.
How do you expect any of us to give you a good answer if, by your own admission, you aren't providing all the data needed?
Since your post shows what type of person you are i will give you this advice: Seek the help of a lawyer.
Oregonwoodsmoke, unless you knew the entirety of the circumstances and the intentional delays in order to gain two extra months of rent out of MY pocket.....thanks for your ignorant speculations. You're an idiot.
Considering I would be held accountable if I made an error on the lease form and signed it anyway, I expect the same criteria be met at their end.
While normally I would agree with you regarding Oregonwoodsmoke, in this case I agree with him 100% and you are 100% wrong. You yourself say it's a loophole and know you owe the money. Yes, they may have jerked you around but the question was "will this hold up in court" and the answer is no, it will not. Sorry.
If you just want someone to agree with you then don't post. To call someone an idiot (even if you're right) is childish and makes you look like an A**H***
All the data needed?? A two month ordeal of no returned phone calls, emails that went unanswered, responses of "sorry, you slipped my mind" etc, etc. The novel of timelines and specific events you would have to read through to understand the entirety of the situation is something the majority would not consider to do.
My question was directed at this specific aspect. I've paid my rent without issue, I have no issue with paying the buy-out fee. What I take issue with is the intentional delay and lack of competence in the staff to directly impede my progress to vacate....knowing fully well their delays would cost me additional months of rent. Anyone cheating the other.....perhaps that should be directed to the correct party oregonwoodsmoke and Gene. I'm sure the two of you would jump at the opportunity to fork over more funds you bust your ass to pay for to an organization that clearly has no regard for you. Thanks for your input.
All the data needed?? A two month ordeal of no returned phone calls, emails that went unanswered, responses of "sorry, you slipped my mind" etc, etc. The novel of timelines and specific events you would have to read through to understand the entirety of the situation is something the majority would not consider to do.
My question was directed at this specific aspect. I've paid my rent without issue, I have no issue with paying the buy-out fee. What I take issue with is the intentional delay and lack of competence in the staff to directly impede my progress to vacate....knowing fully well their delays would cost me additional months of rent. Anyone cheating the other.....perhaps that should be directed to the correct party oregonwoodsmoke and Gene. I'm sure the two of you would jump at the opportunity to fork over more funds you bust your ass to pay for to an organization that clearly has no regard for you. Thanks for your input.
Why did you post then? Go to court and see what happens. If you're gonna call people names who tell you something you don't want to hear then you are the one with the problem.
Thanks for the insight Zack. Clearly I am here to take into consideration differing viewpoints....hence the intent to pose this question to the general public. Furthermore, my question was the ask about the legalities of my position because I clearly don't know. A contract is a contract. You would be required to uphold a legal document just the same if your signature was on it, regardless of a discrepancy you may have missed. My question is if the legalities fit with my situation. It's not my intention to fraud or commit illegal dealings with these people but rather holding them accountable. Thanks again.
I agree with Oregon. If it is covered elsewhere and is clearly an error, it probably won't hold up in court.
As for the extra 2 months that you paid in the process of breaking the lease, we aren't getting enough of the story to understand what occurred there. If there was a process defined in the lease for an early lease break, it seems that if you followed them and they dragged their feet for two months, then you would indeed have a potential argument in court. However if you were in verbal discussions for 2 months before submitting a certified letter or signing a paper, then that would be a different issue.
Ned, thank you for the response. The process for an early move-out is a notice of 60 days with a "lease buy out" fee....also expected and easily agreed upon by me. After reading through the lease form that was created by the corporation running the specific apartment complex, certain paragraphs stated that if "they" agreed in writing (which leads me to believe it is an option if they agree to it), I would be able to have another renter take over the remainder of my lease with the understanding that I am still liable on the lease. Furthermore, the following paragraph states if "agreed upon in writing," they would allow me to have my name completely removed from the lease and the new renter would be solely liable.
The timetable I am working with was made very clear from the start due to a departure to the middle east for medical/govt work. It wasn't a matter of if I was leaving, but of when and how.
With the above potential options noted, I inquired about using this route versus coming up with almost $5,000 when it's all said and done. I was told that the assistant manager is the only to deal with this. He has been in and out of the office. Upon having a face to face meeting with him one week later after repeated calls and personal visits to the office, he said that others have conducted a similar option with the exception of removing their name from the lease entirely. He advised me that he will personally speak to the regional property manager and give me a definitive answer by the end of the week. The understanding, albeit verbally, was that if this was not approved, I would sign the notice to vacate. Upon signing the notice, I am obligated to pay $3,000 within 7 days of signing the form and it locks me into the apartment until mid June.
The issue I had with that is of course if I am utilizing the option to find another tenant in less than 3 weeks to maintain occupancy and it is agreed in writing to remove my name completely, why would I lock myself into a date for mid June and pay $3,000???
So I waited until the end of the week to no avail. I called repeatedly and emailed with no follow ups along with a few trips to the office. Other staff employees stated he is the only one that can deal with it and happens to "be out of the office" or "vacation until the end of the week." It took him approximately 25 days to respond to me and his response via email was that it "slipped my mind" and "sorry, but, those aren't viable options because we don't want to set a precedence." This is after I search for the corporate office directories and take it upon myself to contact the regional manager on May 4th. She too said she needs to speak to a higher level as she didn't have an answer. Another week goes by without contact from HER. I send her a follow up email on May 10, one month after the process was started, in which she states she called me a week prior and left a voicemail stating it wasn't an option (never received a message of any sort). Finally, after most likely being delegated by his regional manager, the assistant manager responded also on May 10th with the answer of "No" and it "slipped my mind, sorry."
We speak on the phone in which he offered to backdate the 60 day notice to mid April when the initial process began due to his delays in response to me. He requested a few days to work it out. Those days came and gone without any word from him. Phone calls and emails later, he responded on May 13th that his immediate manager denied his proposal because I was "only considering leaving and never signed an official notice to vacate." I reach out to her and finally make contact on May 19th and ask where she was during this entire process that elongated itself to over a month and has set me back tremendously as well as cost me two prospective replacement tenants. She refuses to acknowledge the lack of responses on their end and states nothing is on paper and everything I have to say is my word only. The best she can do is back date my request to May 10th when I sent the follow up email with her regional manager. Unacceptable to me and I explain my side of the story. At 60% occupancy, the office staff is unable to handle business responsibly, timely and professionally. She agreed to contact her regional manager who is on vacation for a week and returned on May 25th. I was told that if I don't hear from her by Friday, call her. Friday came and nothing so I placed my calls. She was "busy" and would call back....of course nothing. Memorial Day office closure so she was back on Tuesday. In a "very important teleconference" and would have to call me back according to office staff. Nothing yet again. I call on Wednesday and she's out of town for a week on a business trip with a return scheduled for this coming Monday. Multiple emails to her have went unanswered and nobody in the office can move forward with it.
So here I am awaiting their response in order to save money. When that clearly wasn't an option, I was delayed even further awaiting a final disposition on possibly back dating the notice to mid April, saving me at least $2,000. I have email correspondence, phone calls logged, dates I visited the office tracked. So now I am stuck paying rent until Mid-July when I'm going to be sweating my weight in water in the middle east and not even on the premises as of mid June.
This is the short version of the story. Hence, why I didn't outline the entirety of it at the onset of my question. Am I frustrated?? YES. Am I angry? YES. Do I believe they dragged their feet to milk out another two months of rent?? YES. So to those of you assuming I'm trying to cheat the system for no reason other than self gain, take a step back and put in perspective my sentiments. I'm held accountable to whats on paper and so should they. Be it an error on their part or not, I wasn't shown in mercy or understanding. Now hearing your responses, I understand it most likely won't hold in court and they have more resources and time than myself. Thanks for reading.
Lastly, to those of you that may have received a rather abrasive response initially, please accept my apologies.
Last edited by BLR87; 06-02-2016 at 01:49 PM..
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