Complicated Apartment Rent Issue - Recourse Options for 60 Day notice? (lease, negotiations)
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My apartment says I had to give a 60 day written notice if I did not want to renew the lease. My lease is a short lease (2 month lease) so it would not be possible for me to give a 60 day notice when I moved in.
However, I told the staff verbally during negotiations and move in that I just wanted a 2 month lease without renewal. I was reassured they would put it in the documents in which they never did, so unfortunately there was not a written info on my lease documents.
During this time, I was also not given a notice for lease renewal during this time so I assumed they understood my intent to not renew and I did not need to follow up. They want to now charge me additional rent. What are my options? Can they take that oral agreement as notice to not renew the lease?
Does that mean I did not have to give the 60 day notice in this case?
It means (as you pointed out) you already gave them 60 days notice when you moved in.
If THEY really believe there is another interpretation to be made...
1) the onus is on them to draft their lease to make that clear
2) they get to explain themselves to a Judge.
If you lease has a start and end date with no mention of renewals, there is NO 60 days notice as the lease sunsets. Can you post the wording from the lease that talks about the rental period of the lease with all words (omit personal info)?
If you lease has a start and end date with no mention of renewals, there is NO 60 days notice as the lease sunsets. Can you post the wording from the lease that talks about the rental period of the lease with all words (omit personal info)?
I do not have the lease with me. The office people have it and there is no electronic copy for me. However, it had read:
Lease contract says the lease will expire on the last day of contract and it will switch to a month to month plan. If you plan to not renew, the notification must be a 60 day written notice from the end date. On the month to month plan, the apartment will require 30 day written notice.
I can understand if this is for longer lease terms (6 month+). However, mine is 2 months long. Isn't it unreasonable to require a written notification prior to my move in date? If there was notification from the apartment to tell me to do so, then fine, I would have let them know in writing. However, there was no notification from the apartment to renew prior or first few days of move in Then while my lease is almost up, they hit me with this saying "why have you not notified us 60 days prior?"
It is like they expect me to walk in before I even move in and say "Here is my written notice to not renew my lease".
Have you even bothered responding to management explaining what you have here? That may just resolve all of this.
If they don't comply or understand and they try to keep your sec dep or charge you, etc then call their bluff and just let them take it in front of a judge to decide, if need be. A judge will see how idiotic the whole thing is. The whole purpose for writing a 2 month lease was already basically giving your notice. Yeesh.
Have you even bothered responding to management explaining what you have here? That may just resolve all of this.
If they don't comply or understand and they try to keep your sec dep or charge you, etc then call their bluff and just let them take it in front of a judge to decide, if need be. A judge will see how idiotic the whole thing is. The whole purpose for writing a 2 month lease was already basically giving your notice. Yeesh.
Yes, their initial reply was "the notification to not renew must be a 60 day written notice from the end date"
I believe that is what they are just trained to say when dealing with lease renewal issue, no matter the duration of the lease. I could not reach them yesterday but will try again today.
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