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I did sign it. It was sent over 3 weeks ago. I was under the impression this was my "notice." How is me knowing whether or not they are aware whether I am remaining after my lease expires a burden on the part of the lessee?
That's not giving notice and over 3 weeks ago was not before the first of the month. If you must give a full rental period for your move-out notice, even if you had sent a written notice that you planned to move, you would still owe for a full rental period, which would be all of April.
Really, for something so important, you really should be doing a follow through. Carelessness can have substantial costs.
Signing a note that says you won't be staying is not a notice that you will be moving out because it does not give a firm move-out date. Your move-out date isn't even the end of the lease. Your landlord can not guess what move-out date you are planning on just because you say you won't stay.
I did sign it. It was sent over 3 weeks ago. I was under the impression this was my "notice." How is me knowing whether or not they are aware whether I am remaining after my lease expires a burden on the part of the lessee?
According to your prior post, you weren't sure if you were going to renew or not. That post was dated 3/16/17. That being said, how did you give notice 3 weeks ago when you hadn't even decided to vacate 12 days ago?
I think this situation is better suited for small claims court. These are nasty, nasty people. I was led to believe I was signing a lease with a free month of rent on top of all this. I have plenty evidence of unscrupulous practices by this property management company throughout the lease.
I'm not sure someone being "nasty, nasty" is grounds for small claims court.
I did sign it. It was sent over 3 weeks ago. I was under the impression this was my "notice." How is me knowing whether or not they are aware whether I am remaining after my lease expires a burden on the part of the lessee?
3 weeks is not proper notice. You need to read your lease... proper notice is 30-60 days.
You leaving one day later than the expiration date is considered a 'hold over', and you admitted that you won't be turning the keys in (giving possession) for another week. Do you think you get to do that for free? No, you don't.
I love how tenants in the wrong start to fling dirt (nasty, nasty people) just to justify their actions/thoughts. Don't bother with court here..you'll lose.
I think this situation is better suited for small claims court. These are nasty, nasty people. I was led to believe I was signing a lease with a free month of rent on top of all this. I have plenty evidence of unscrupulous practices by this property management company throughout the lease.
You were led to believe?? Were you forced to sign the lease as well? Either the documents you signed back up your claim or they don't. Which one is it??
And your 'evidence' has NO bearing on the issue at hand and no judge would even entertain it..this is about you holding over and not giving proper notice, not the 'unscrupulous practices' of your landlord. Whatever that means.
Even if the form you returned is considered notice of your intent to vacate, you are staying beyond the end of your lease term by remaining in possession of the unit until you return the keys on April 3rd. Therefore, you owe rent for the month of April. I'm not convinced the judge would take anything else into consideration.
I'm not sure someone being "nasty, nasty" is grounds for small claims court.
In Florida,"nasty, nasty" doesnt meet the minimum standards for a law suit. They have to by "nasty, nasty, nasty"... or they can also be "nasty and down right rude" in some counties.
I have this exact clause in my lease because that is how state law is worded in my state. A lease is always through the end of a calendar month. So notice given any time in March would be for April 30th.
And we do enforce it.
But I'm surprised no one mentioned that a landlord cannot double dip. If someone else moves in on the 5th, the landlord can only charge you for the 4 days that it was vacant, not for the full month. They can charge the full month up front, but they have to refund the difference. That's what I do.
I have this exact clause in my lease because that is how state law is worded in my state. A lease is always through the end of a calendar month. So notice given any time in March would be for April 30th.
And we do enforce it.
But I'm surprised no one mentioned that a landlord cannot double dip. If someone else moves in on the 5th, the landlord can only charge you for the 4 days that it was vacant, not for the full month. They can charge the full month up front, but they have to refund the difference. That's what I do.
Unless I missed something, OP never said that a new tenant was moving in on 5th.
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Don't bother with court here..you'll lose.
