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I have lived in an apartment for about a year and Jan 25 is the last day of one year term contract. A written notice to move out is required one month earlier the dead line.
So, I talked to an assistant manager in the office that I would move out last month and she even jot down what I said. Unfortunately, the message did not go to the manager, who informed me to charge one month rent.
I did talked with the assistant manager twice and clearly expressed my intention to move out but they insist that there is no written notice. The assistant manager agreed that I talked with her and she even appolized for the happenings.
What is the best way to resolve ? I feel one month rent is a rip off.
Since you didn't, I'd give them written notice NOW, and leave the apartment on February 28. (Even if you have no interest in staying there through the month of February.)
This way, you will have a bargaining position.
If they have in fact rented the apartment out for this month (which would prove that they aren't taking a loss on your neglecting to give written notice, and put them in a bind with their new tenant) they may be willing to let you out earlier w/out penalty.
That is the best thing to do, especially since they appear to be screwing you just a bit. For one thing, when you gave them verbal notice, they really could have responded with somehting like "Ok, we'll be waiting for written notice" but they didn't, hoping you would forget, then they could play dumb later and collect the money from you.
So this is a way you could "get back" so to speak, and there isn't a thing they could do about it since they are giving you the reason that you didn't give written notice, so you go ahead and play dumb and give them written notice w/February date and see what happens.
Since you didn't, I'd give them written notice NOW, and leave the apartment on February 28. (Even if you have no interest in staying there through the month of February.)
This way, you will have a bargaining position.
If they have in fact rented the apartment out for this month (which would prove that they aren't taking a loss on your neglecting to give written notice, and put them in a bind with their new tenant) they may be willing to let you out earlier w/out penalty.
That is the best thing to do, especially since they appear to be screwing you just a bit. For one thing, when you gave them verbal notice, they really could have responded with somehting like "Ok, we'll be waiting for written notice" but they didn't, hoping you would forget, then they could play dumb later and collect the money from you.
So this is a way you could "get back" so to speak, and there isn't a thing they could do about it since they are giving you the reason that you didn't give written notice, so you go ahead and play dumb and give them written notice w/February date and see what happens.
This is highly unlikely. If there hasn't been written notice, then the apartment has not been put back on the market and thus hasn't been re-rented yet. There's no "getting back" at anyone here.
Your lease requires a written notice. That is the only legally binding thing you have to go by and it's your responsibility to read it and make sure you are following the policies accordingly. Managers have hundreds of residents and its impossible to keep up with all of them verbally, hence why important things like a notice to vacate need to be in writing.
Since you didn't, I'd give them written notice NOW, and leave the apartment on February 28. (Even if you have no interest in staying there through the month of February.)
This way, you will have a bargaining position.
If they have in fact rented the apartment out for this month (which would prove that they aren't taking a loss on your neglecting to give written notice, and put them in a bind with their new tenant) they may be willing to let you out earlier w/out penalty.
That is the best thing to do, especially since they appear to be screwing you just a bit. For one thing, when you gave them verbal notice, they really could have responded with somehting like "Ok, we'll be waiting for written notice" but they didn't, hoping you would forget, then they could play dumb later and collect the money from you.
So this is a way you could "get back" so to speak, and there isn't a thing they could do about it since they are giving you the reason that you didn't give written notice, so you go ahead and play dumb and give them written notice w/February date and see what happens.
Great advise! I would do the same and next time...send a letter with proof they received it.
This is highly unlikely. If there hasn't been written notice, then the apartment has not been put back on the market and thus hasn't been re-rented yet. There's no "getting back" at anyone here.
Your lease requires a written notice. That is the only legally binding thing you have to go by and it's your responsibility to read it and make sure you are following the policies accordingly. Managers have hundreds of residents and its impossible to keep up with all of them verbally, hence why important things like a notice to vacate need to be in writing.
I disagree wholeheartedly. When an apartment has to be rented in order for the apartment complex to make money, you can bet your behind when they hear someone is moving they pay attention. Esp. if the person tells them verbally and then doesn't notify them in writing. (because they know they will be collecting free money)
And if it is a large complex, they usually have people on the line for the apartment, obviously they will not have a written contract with the new tenant, but they will have interested parties, and they'll tell the party that they "might" or "expect to" or "anticipate" have something on the 25th and finalize it at the last minute, after they get the letter stating the tenant will move.
Even if they know they can collect the month's rent from the departing tenant, they are not going to leave that unit vacant because they've got the rent money for the month. They are going to turn it around as quickly as humanely possible.
I disagree wholeheartedly. When an apartment has to be rented in order for the apartment complex to make money, you can bet your behind when they hear someone is moving they pay attention. Esp. if the person tells them verbally and then doesn't notify them in writing. (because they know they will be collecting free money)
And if it is a large complex, they usually have people on the line for the apartment, obviously they will not have a written contract with the new tenant, but they will have interested parties, and they'll tell the party that they "might" or "expect to" or "anticipate" have something on the 25th and finalize it at the last minute, after they get the letter stating the tenant will move.
Even if they know they can collect the month's rent from the departing tenant, they are not going to leave that unit vacant because they've got the rent money for the month. They are going to turn it around as quickly as humanely possible.
Well, I disagree wholeheartedly. Do you have experience working in the industry? I have managed numerous large apartment communities over 7 years and now work with hundreds with what I do now and that is not how a professional office is run. No reputable manager will lease an apartment that they don't have available. Plain and simple. It creates a lot of problems with both the old tenants and the new ones. Plus it's illegal to offer to rent something that isn't available. As far as collecting double rent, that's illegal as well. Give property managers a little more credit. While of course they want to make a buck, they're going to do it the legal and ethical way.
Gotta agree with Babytar on this one. I was an apartment manager for 219 units for 2 years and I never relied on apartments that hadn't been vacated yet. I never showed apartments that weren't rent ready either (and that means repainted and cleaned with no repairs to be made) as they are more likely to turn off a potential tenant.
As far as being given verbal notice, I ALWAYS told my tenants that written notice was required and that the 30 days started on the day that I RECEIVED the letter; not when they told me or when they typed the letter but on the day that I received it. Keys were due no later than the 30th day and rent would not be pro-rated as we would not enter the premisses to paint, repair and clean until the 30 days were up.
Yes, there are unscrupulous characters who manage buildings out there but there are also those who are just plain dumb. Yes, your landlord should have told you that she needed written notice as a courtesy to you but you should have gone over your lease the moment you decided to move out so you knew exactly was was expected of you and what you could expect from your landlord.
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