60 Day Notice for 9 Month Lease (hardwood floors, apartment, month-to-month)

[mru]

I have a 9 month lease and failed to realize until 49 days before my term ended that I needed a 60 day notice to vacate. Now, my lease is extended 13 day from my original end of term date. Obviously I signed the lease and therefore agreed to all terms, but is there any way around paying the market rate plus $300 MTM fee for the extra 13 days outside of my original end date? I will be vacating when my lease originally ends which is Jan 31. So do I really still need to pay through Feb 13?

[NinaN]

If you signed a lease that requires 60 days notice, then you probably are on the hook for the rest of the 60 days. I would send your notice immediately, then try to talk to the LL about the rate and extra days. Good luck.

[ryuns]

That's a pretty unfortunate lease term. In all the situations where I've rented on a yearly basis, the landlord would send notice at some date prior to the end of the year that we needed to indicate whether we would extend our lease for the following year. I guess this was in college towns, where month-to-month is generally not an option, and they're mostly concerned about keeping the place occupied for a year at a time. Still, your situation is aggravating. I think all you can do is re-read the lease and make sure it really says all that. As NinaN says, give your notice ASAP and then talk to the landlord. You'll likely have to pay something extra, but maybe it could be negotiated.

[mru]

Thanks so much for your feedback! It has been pretty upsetting, but I did sign it, and have reviewed the lease in its entirety and it's my fault for signing such a thing. I gave notice 47 days before my actual termed date, so will be paying an additional 13 days from that date at market rate with an additional $250 MTM fee in which I won't even be in the unit. Lesson learned! Oh, and they are notorious I am now finding out for not returning your deposit as they make up things that need work done and do not take into consideration "normal wear and tear" (I never even put a single nail hole in the wall, and the place is all hardwood floors. Unfortunately, the property management company is not flexible to work with as they state and they are sue crazy with an awful reputation. They hide who they are in their advertising (Apartment Management Company LLC (APM LCC)), and now I know why.

Very much looking forward to moving on and dealing with an independent home owner as my next LL!

Thanks again you guys!

[2sleepy]

Originally Posted by mru

Thanks so much for your feedback! It has been pretty upsetting, but I did sign it, and have reviewed the lease in its entirety and it's my fault for signing such a thing. I gave notice 47 days before my actual termed date, so will be paying an additional 13 days from that date at market rate with an additional $250 MTM fee in which I won't even be in the unit. Lesson learned! Oh, and they are notorious I am now finding out for not returning your deposit as they make up things that need work done and do not take into consideration "normal wear and tear" (I never even put a single nail hole in the wall, and the place is all hardwood floors. Unfortunately, the property management company is not flexible to work with as they state and they are sue crazy with an awful reputation. They hide who they are in their advertising (Apartment Management Company LLC (APM LCC)), and now I know why.

Very much looking forward to moving on and dealing with an independent home owner as my next LL!

Thanks again you guys!

Check back to see if it has been rented before the expiration of your lease, unless it's changed in California if they rent out an apartment that you vacate (and have paid for) before the end of the lease term they have to refund you the prorated amount for the time it was occupied after your departure