Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Also this might be helpful. There is a clause in the lease that pm can increase rent with a 15 day written notice. So I'm not sure how that works in relation to the 60 days mentioned before?
But either way we did not receive a note until June 1st while we were at the office and paid that higher month to month they asked for (which I guess we shouldn't have since we didn't have 15 days notice).
For both May and June we received our water, trash, sewer and rent bill over the same amount as the last 8 month while our lease was active. PM didn't realize that we should get charged more until we came to the office to extend June 1st.
It doesn't seem that way from what the OP described.
If lease ended mid-May, and original move out date was in mid-June, that is roughly 30 days, and not after the annual lease was up when notice must have been given.
As I mentioned, I'm not sure of the timeline.
What's strange from the OP's post is the June rent was same before. "Again for June we received our bill for our monthly rent in the same rate as before."
If so, then how could they backcharge a higher rent for the last half of May? "assistant property manager (who couldn't stand us from the beginning) is saying we owe $164 for the half month of May"
You are all over the place with your questions and what you are saying so not sure what you are actually asking.
If the LL was going to raise the rent once the annual lease ends (and don't try to tell me the LL didn't know the lease was ending) and to begin when the MTM starts (mid May) then they would have had to have given notice on or before March 15th for any rent increase which is WAY before they knew the OP was going to give notice.
And your last sentence is exactly the point of this whole thread. It does not appear that they can IF rent increases do in fact have to be started on the 1st of a month when rent payments were always due, not the middle of a month.
The screwy part here is that the lease starts and ends mid month but the rent is due on the first of every month based on what the OP stated so that "might" complicate things with GA law.
Hey,
Sorry my timeline is confusing so I will try to clear it up:
Lease expired mid may
We put in our 60 day notice to vacate for a move out mid June
Beginning of June we asked to extend at the office (as you mentioned to see if it had been leased out).
We paid the higher month to month rent for June that they quoted us.
Now they say we owe for May (for the 16 days after the official lease expiration to June).
I understand paying more month to month but they didn't charge us more. And the lease states rent plus $200 unless a 15 day notice to increase was given (which we did not receive). On June 1st however we were nice and paid that increase but now they're wanting more for May.
Ok, thanks for clarifying. What happened to you is strange and I think what they are trying to pull is shady. The June bill would have showed a balance for May still left unpaid, but sometimes bills are generated late. Also, the leasing manager should have informed you anyways of the increased rent for May at that time they notified you of June increase.
Do you have a security deposit that is held with them? e.g. one month of rent? I wouldn't pay the extra rent without fighting for them to drop it. Worse case: they might withhold your security deposit or deduct from it.
Word of advice: always get requests for extensions to leases, and amount due, in writing such as email.
You are all over the place with your questions and what you are saying so not sure what you are actually asking.
You are incredibly condescending. I was trying to figure out the OP's situation and help her. While I appreciate your GA law research, will it help her if she doesn't hire an attorney?
Quote:
Originally Posted by Corn-fused
The OP gave notice after their annual lease was already over and while they were on their MTM
You had the misunderstanding.
OP mentioned below it was 60 days for a move out (for) mid June, implying it was mid April when notice was provided, before the annual lease was already over.
Quote:
Originally Posted by Stef6788
Hey,
Sorry my timeline is confusing so I will try to clear it up:
Lease expired mid may
We put in our 60 day notice to vacate for a move out mid June
Hey,
Sorry my timeline is confusing so I will try to clear it up:
Lease expired mid may
We put in our 60 day notice to vacate for a move out mid June
Beginning of June we asked to extend at the office (as you mentioned to see if it had been leased out).
We paid the higher month to month rent for June that they quoted us.
Now they say we owe for May (for the 16 days after the official lease expiration to June).
I understand paying more month to month but they didn't charge us more. And the lease states rent plus $200 unless a 15 day notice to increase was given (which we did not receive). On June 1st however we were nice and paid that increase but now they're wanting more for May.
Quote:
Originally Posted by Stef6788
Also this might be helpful. There is a clause in the lease that pm can increase rent with a 15 day written notice. So I'm not sure how that works in relation to the 60 days mentioned before?
But either way we did not receive a note until June 1st while we were at the office and paid that higher month to month they asked for (which I guess we shouldn't have since we didn't have 15 days notice).
For both May and June we received our water, trash, sewer and rent bill over the same amount as the last 8 month while our lease was active. PM didn't realize that we should get charged more until we came to the office to extend June 1st.
I still think they are wrong because what I quoted on first reply to you is the law. There is nothing mentioned in that law that states "unless the lease states otherwise" so I ain't buying what your PM is selling you. It says 60 day notice is required and I don't see any exceptions stated in that law.
Now, if the LL/PM wanted to give you MORE notice than the law that is one thing, but they can't just make up their own rules, go against the state law and give you less notice.
And putting a notice on your door is perfectly legal in GA per the link I gave you with the law.
And also, I just don't believe that they can charge you increases in the middle of the month when your rent payments are due on the first of every month, at least from what I can decipher from your postings.
This is all my opinion only and not legal advice and you do need to get legal advice and no one here can give legal advice. I am not sure if there is someone you can contact in that link I quoted in my first reply or not but I would check to see if I were you. Otherwise you are going to have to find someone in your area who knows the laws in your state and can sort it all out for you.
Ok, thanks for clarifying. What happened to you is strange and I think what they are trying to pull is shady. The June bill would have showed a balance for May still left unpaid, but sometimes bills are generated late. Also, the leasing manager should have informed you anyways of the increased rent for May at that time they notified you of June increase.
Do you have a security deposit that is held with them? e.g. one month of rent? I wouldn't pay the extra rent without fighting for them to drop it. Worse case: they might withhold your security deposit or deduct from it.
Word of advice: always get requests for extensions to leases, and amount due, in writing such as email.
I find it extremely shady too. Plus when they told me I still owed for May I talked to the assistant pm who told me we owed $164. Then I talked to the pm who suddenly said it's only $154. Pm also showed me (and printed out for me) our ledger showing that we were billed our normal rent for both May and June.
When they told us on June 1st that we should have been charged more in May we told them we never got the notice and they dropped it. To top it off our water bill had been assessed late so I had to go into the office to drop off a check for that and the leasing agent I talked to pulled up my ledger and confirmed we didn't owe anything more than the water.
I find it extremely shady too. Plus when they told me I still owed for May I talked to the assistant pm who told me we owed $164. Then I talked to the pm who suddenly said it's only $154. Pm also showed me (and printed out for me) our ledger showing that we were billed our normal rent for both May and June.
When they told us on June 1st that we should have been charged more in May we told them we never got the notice and they dropped it. To top it off our water bill had been assessed late so I had to go into the office to drop off a check for that and the leasing agent I talked to pulled up my ledger and confirmed we didn't owe anything more than the water.
Just save your original May statement that shows the normal rent, and a bank statement that shows it paid off. May is over, and since June statement didn't show any pending balance, there shouldn't be anything owed for May now, related to rent.
Do you have a security deposit held by them? If so, is it more than the rent they are asking? If not, I don't think that they have anything on you.
Just save your original May statement that shows the normal rent, and a bank statement that shows it paid off. May is over, and since June statement didn't show any pending balance, there shouldn't be anything owed for May.
Do you have a security deposit held by them? If so, is it more than the rent they are asking? If not, I don't think that they have anything on you.
Yes, unfortunately they have quite the considerable amount as security deposit. Even though ass pm said we didn't have to pay it but then it would go to collections...which I'm pretty sure they can't do if they have a security deposit.
I agree that they don't have anything on me but how would I proceed? They aren't budging with their request even though they can't prove I got the notice and their requests go right against what my lease says.
Yes, unfortunately they have quite the considerable amount as security deposit. Even though ass pm said we didn't have to pay it but then it would go to collections...which I'm pretty sure they can't do if they have a security deposit.
I agree that they don't have anything on me but how would I proceed? They aren't budging with their request even though they can't prove I got the notice and their requests go right against what my lease says.
I wouldn't focus on the fact that you didn't get the notice by the door sixty days ago.
I'd focus on the May and June statements that you got, where the May rent shows the normal lease rent (correct?), and June statement not showing a May balance remaining.
Send an email to whatever department and PM you need to and include these as attachments, and note that you paid off May rent with the expected normal lease rent. Likely they will come back as stating it was an error on their part.
I was trying to figure out the OP's situation and help her. While I appreciate your GA law research, will it help her if she doesn't hire an attorney?
Despite what you may think, the law is the law so not every situation requires someone to pay an attorney. If it is in the law then what more is an attorney going to tell you IF it might possibly be a cut and dry situation? MANY people do their own research and fight their own battles if at all possible.
You had the misunderstanding.
OP mentioned below it was 60 days for a move out (for) mid June, implying it was mid April when notice was provided, before the annual lease was already over.
It was ambiguous at best until the OP clarified it so it wasn't a misunderstanding when I posted it. Tenant's are only required to give 30 days notice in GA by law so it very well could have been mid May when they gave their notice.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
