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I know there are many threads with this title, but I can't seem to find one that mirrors my situation.
My current "lease" began on 11/1/10 and was a continuation/hold-over/renewal type (I've been in the apartment 5 years) by paying the rent for November I agree to the terms of the "lease". The "lease" is a letter that notifies of reason for rent increase, rent increase (1.5%) and payment terms and length of agreement "For an additional year"
At the time I was expecting to lose my job by the end of the year, and hoping to find another one soon thereafter, so I went ahead and paid the rent. Well, I both got laid off at the end of the year and found a new job. The catch being the new job is in another state which would require me to relocate (or drive myself mad with a 3-1/2 hour each way daily commute...by car)...or pay close to the equivalent of my rent by commuting daily by train.
I have my layoff letter and my new job offer letter (unfortunately no relocation assistance included save covering my hotel for the week and a round trip train ticket for 2 months, while I look for and move into a more locally situated place.
Here's where it gets sticky. I wrote a letter of notice to vacate (basically 60 days notice). The letter was responded to with a letter that basically said " should you vacate the apartment prior to lease amturity you will not only forfeit your security deposit but you will also be responsible for the mothly rental unit such time as the apartment is re-rented"
It goes on "This action on your part will have a drastic effect on your credit in that in all lilehood we will have to obtain a judgement against you for any rent deficiency"
They do say that if I choose this course they will endeavor to rent the apartment via internet and newspaper ads but I will still be responsible for the rent until such time that the apartment is rented, or the lease matures.
My questions (after all the preamble) are, as I never signed anything, is the building management acting within their rights? Or am I going to have to tough it out (if i want to retain legal council what type of lawyer would I be looking for...real estate law?
I do not have the original lease (I don't belive I ever had it...I have my rental application copy and my down payment receipts. The application has a clause that states that the "typical standard lease and rules and regulations may be reviewed by me so that i may have full knowledge of its contents.
My initial records are in a manilla folder along with a later issued and signed parking agreement...but not the oriignal lease. I guess my first step would be to get a copy of this and see what this "typical stadrard lease" contains.
Any other input from either side of the LL tenant divide would be appreciated. (excuse typo's and spelling errors).
I know there are many threads with this title, but I can't seem to find one that mirrors my situation.
My current "lease" began on 11/1/10 and was a continuation/hold-over/renewal type (I've been in the apartment 5 years) by paying the rent for November I agree to the terms of the "lease". The "lease" is a letter that notifies of reason for rent increase, rent increase (1.5%) and payment terms and length of agreement "For an additional year"
At the time I was expecting to lose my job by the end of the year, and hoping to find another one soon thereafter, so I went ahead and paid the rent. Well, I both got laid off at the end of the year and found a new job. The catch being the new job is in another state which would require me to relocate (or drive myself mad with a 3-1/2 hour each way daily commute...by car)...or pay close to the equivalent of my rent by commuting daily by train.
I have my layoff letter and my new job offer letter (unfortunately no relocation assistance included save covering my hotel for the week and a round trip train ticket for 2 months, while I look for and move into a more locally situated place.
Here's where it gets sticky. I wrote a letter of notice to vacate (basically 60 days notice). The letter was responded to with a letter that basically said " should you vacate the apartment prior to lease amturity you will not only forfeit your security deposit but you will also be responsible for the mothly rental unit such time as the apartment is re-rented"
It goes on "This action on your part will have a drastic effect on your credit in that in all lilehood we will have to obtain a judgement against you for any rent deficiency"
They do say that if I choose this course they will endeavor to rent the apartment via internet and newspaper ads but I will still be responsible for the rent until such time that the apartment is rented, or the lease matures.
My questions (after all the preamble) are, as I never signed anything, is the building management acting within their rights? Or am I going to have to tough it out (if i want to retain legal council what type of lawyer would I be looking for...real estate law?
I do not have the original lease (I don't belive I ever had it...I have my rental application copy and my down payment receipts. The application has a clause that states that the "typical standard lease and rules and regulations may be reviewed by me so that i may have full knowledge of its contents.
My initial records are in a manilla folder along with a later issued and signed parking agreement...but not the oriignal lease. I guess my first step would be to get a copy of this and see what this "typical stadrard lease" contains.
Any other input from either side of the LL tenant divide would be appreciated. (excuse typo's and spelling errors).
If I am understanding your post correctly, you never signed a renewal lease?
Was there anything in your old lease about automatic renewal. Get your lease and find that out.
When you paid Novembers rent did you pay the old amount or the new amount?
I know there are many threads with this title, but I can't seem to find one that mirrors my situation.
My current "lease" began on 11/1/10 and was a continuation/hold-over/renewal type (I've been in the apartment 5 years) by paying the rent for November I agree to the terms of the "lease". The "lease" is a letter that notifies of reason for rent increase, rent increase (1.5%) and payment terms and length of agreement "For an additional year"
At the time I was expecting to lose my job by the end of the year, and hoping to find another one soon thereafter, so I went ahead and paid the rent. Well, I both got laid off at the end of the year and found a new job. The catch being the new job is in another state which would require me to relocate (or drive myself mad with a 3-1/2 hour each way daily commute...by car)...or pay close to the equivalent of my rent by commuting daily by train.
I have my layoff letter and my new job offer letter (unfortunately no relocation assistance included save covering my hotel for the week and a round trip train ticket for 2 months, while I look for and move into a more locally situated place.
Here's where it gets sticky. I wrote a letter of notice to vacate (basically 60 days notice). The letter was responded to with a letter that basically said " should you vacate the apartment prior to lease amturity you will not only forfeit your security deposit but you will also be responsible for the mothly rental unit such time as the apartment is re-rented"
It goes on "This action on your part will have a drastic effect on your credit in that in all lilehood we will have to obtain a judgement against you for any rent deficiency"
They do say that if I choose this course they will endeavor to rent the apartment via internet and newspaper ads but I will still be responsible for the rent until such time that the apartment is rented, or the lease matures.
My questions (after all the preamble) are, as I never signed anything, is the building management acting within their rights? Or am I going to have to tough it out (if i want to retain legal council what type of lawyer would I be looking for...real estate law?
I do not have the original lease (I don't belive I ever had it...I have my rental application copy and my down payment receipts. The application has a clause that states that the "typical standard lease and rules and regulations may be reviewed by me so that i may have full knowledge of its contents.
My initial records are in a manilla folder along with a later issued and signed parking agreement...but not the oriignal lease. I guess my first step would be to get a copy of this and see what this "typical stadrard lease" contains.
Any other input from either side of the LL tenant divide would be appreciated. (excuse typo's and spelling errors).
When is your 60 days notice up? Also I would advise against you going into too much details about your new job. I would tell them you were laid off but don't tell them about your new job. At the last minute you can consider offering them a settlement(say 2 months rent) in exchange of releasing you from further liabilities. In reality it most likely is very difficult for them to sue you if you move out of state and they don't know where you live. If they think you have no job and are leaving the state they might take a settlement and get whatever they can get thinking you are judgement proof.
I would normally advice you to work with them and that might still be a good idea, but their letter seems very hostile and doesn't sound like they would be cooperative. See a lawyer about the "lease" and if it is valid.
It sounds to me they are totally right and they can damage your credit. You better try to settle and/or start advertising to help find a new tenant. On the other hand they need to advertise as well and if they don't do that than you can go to small claims court to get out of the lease without losing all your money. They can't sit back and wait for a tenant they have to be active.
JDM thanks for your fast reply (yours too manderly6) - correct, I haven't signed anything since 2005 when i moved in...each year its been the same letter, increase, pay and you accept (I did pay the new amount in November by the way).
I haven't mentioned another job, or moving out of state, I will reitereate that I lost my job when I next speak to them.
My 60 days is up in early March.
I'm glad I'm not the only one that thought their letter to be on the hostile side, and considering that I've been there over 5 years and for the most part have upheld my side of the bargain all that time (save a couple late pays early on).
I'll request a copy of my original Lease and go from there.
With all due respect I don't see their letter as hostile at all, just very businesslike and to the point. Hopefully you'll be able to negotiate with them. Good luck.
If you never signed a lease renewal it is going to be pretty difficult for them to prove that you are currently bound by a lease. It sounds to me like (in my state at least) in this situation your lease would have converted automatically to a month-to-month if no subsequent agreement was signed. Month to month leases have shorter notification periods and of course there is no lease term so no further rent would be owed. Ask for a copy of your original lease and read it, look for parts that address what happens when the lease ended (4 years ago). I'm not sure that "if you pay rent you agree to these terms" is a legal method of lease renewal. If you are having trouble understanding the laws, there are usually legal aid offices that can assist you in understanding the lease and relevant landlord/tenant laws. I seriously doubt that they can hold you to a lease you never signed, but I suppose it depends on your local laws and the verbiage in the original contract.
Thanks to all for the advice, I spoke to the admin in the rental office while requesting my oriignal lease (the only one I signed), and sure enough it does have a clause for the type of renewals I've been "agreeing" to the past 5 years. Anyway, I told of my situation, job loss etc etc, and it was suggested I call the landlord and discuss with him as he may 'work with me' considering the situation. So I plan on calling Monday and seeing where that leads me.
And STT no one said the letter wasn't business-like, but that doesn't preclude a hostile tone, the two are not mutually exclusive
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