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chiquitin | Verbal 30 days notice? |
We signed a 1 year rent contract. It expired 2 months before we moved out. There's a line in there which we didn't read which says that after the contract expires, it will become a month-to-month rent and we have to give a 30 days written notice. We did not give them a 30-days written notice. We called the manager and told them. They agreed to it verbally. Now, after we moved out, they say we didn't give them 30 days written notice. They want us to pay 30-days rent and is not giving us back the rent deposit. I think they're doing it purposely to cheat our rent-deposit. What can we do?
Additional Details
Thanks for the many answers. We are thinking of seeking help from local community legal services, and taking this to small claim courts. One thing I forgot to mention is we have phone records (billing statements) of the call we made to the manager to prove that we did tell them that. I think we can get the phone records (conversation from the phone company). Can i use that in court? |
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Chris
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They are doing it purposely to scam you out of your deposit but unfortunately due to your signed contract you will likely lose in court. Yes this is a dirtbag move and I'm sure they do it quite often. It's possible you can work out a deal with them but they may not want to. I find that greedy people like this take what comes easy so if you negotiate half you are getting off easy and you have learned a very painful lesson.
After reading the additional comments I would still make the payments because going to court is not in your best interest. You can produce the phone call or records but in the end the contract that you signed says "written". The judge probably won't want your phone call or other evidence because he or she will simply ask did you give 30 days written notice and you'll have to say no. I would assume that the defendant in this case the landlord would just ask for a summary judgement and win without even having to speak. It's terrible and pathetic that these people have taught you such a painful lesson but you can warn others and never have to deal with this again.
From my personal files I can tell you that learning landlord lessons is usually expensive. Once I sublet an apartment and the tenant asked me if he could repaint. I said yes if you plan on using white or off white and nothing else. He said ok but didn't like my answer so he asked the landlord if he could repaint an they said sure. Well he painted seafoam green and they kept my security deposit to pay for the repainting. They claimed I was ultimately responsible for the paint because he was my tenant. There are plenty of dirtbag landlords out there ripping people off. I learned a huge expensive lesson that day. I wish you luck using your new knowledge to keep landlords from ripping others off. |
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TygerLily
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Some landlords can be such cads. I would suggest the BBB and contact the agency in your city that handles landlord tenant disputes.
After living long enough to face some issues head-on, I would most seriously advise trying to work out a repaymen plan with the cads. Here's why. If they put this on your credit report, you will have a negative on the credit report that will impact your score negatively.
In the words of Shrek, it is fah, fah betta to fix the darn thing. Sometimes hard dollars loss teaches the best lessons.
BTW, landlords like the one you describe should receive awards from the Realtors Assoc. for selling more than a few houses. Royal pains they are! |
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♫ Mad Luv ♫
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you can report that company to the Better Business Brueo.. the fine print sucks that will hold up in court. sucky sucky sucky!
I would call them and try to talk to them and say you said it was okay when we spoke now your wanting my deposit!
try to work it out with them
one other thing you can try if you have a friend of a lawyer (how i got out of my lease) have them send a notification stating that there was a verbail agreement between both parties.. please don't contact my cleint and call me to discuss.. at this time list any problems you had with the place that never got fixed after you reported it! |
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John G
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I agree with what just about everyone has posted in regard to the written notice requirement sticking. One thing you might look into is if they were able to move someone into your apartment immediately after you moved out. I know that in Virgina the landlord is required to release you from your obligation if he is able to fill the vacancy. |
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Fairlady
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call legal aid or the fair housing board.... |
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smecky80904
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Small claims court; had a friend in the same situation, he took the landlord to court (the paperwork in CO is free) and he got most, but not all, of his deposit back. Worth a try. |
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Thomas
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the momentum is on their side on this case. They have the 30 days written notice on paper. It will be a me vs you case telling the court, if you decide to take it to court, on the verbal agreement. The court will be in favor of them and you will have to pay the last month's rent. |
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Rod F
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Unfortunately this happens frequently. That's why it's imperative to read contracts throughly. I'm afraid that even though this landlord made the verbal agreement in good faith your still legally obligated to pay if the contract did indeed state a thirty day written notice was to be given. It's a lesson hard learned. In most cases tenants never see a deposit for just the same reason. They don't read the contracts and landlords are notorious for taking advantage of that. |
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Kris L
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Technically, you did 'violate' your lease, even though your apartment was on a 'month to month' rental when you 'verbally' gave them your notice that you would be moving. Technically and LEGALLY if you did NOT give them this notice in writing they can SUE YOU for the full 30 days 'rent' and they may legally hold your 'deposit' until that is paid. If you don't want to be sued in a court of law (and that will depend on the 'owners' of the property you rentend) then you MUST come to some agreement that BOTH PARTIES have a copy of that is signed by both the 'renter' and the 'rental owner' ... and in that agreement you should have written the 'exact amounts' that are being 'held in lieu of rent' and what that money is to be used for ... in other words, you may be able to just 'not pay anything' if the deposit is 'equal to one month's rent' or to DEMAND that they give you back any money if the deposit is more than 'one month's rent' ... or you may 'offer' to 'pay the extra rent not covered by the deposit' ... but GET IT IN WRITING! And after this, you need to 'read and totally understand' any lease agreements BEFORE you sign them, or you could end up in this same trouble 'the next time' you decide to move. |
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angela
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You could take him to magistrate court but I doubt that it would do you much good since you gave the notice verbally and not written. It usually costs around $50 to file so you would be losing 50 more dollars if you didn't win. As bad as it sounds you probably just need to count your losses and go on. Next time be sure to give written notice and keep a copy of it for yourself. As far as them saying you still owe 30 days rent, they'll have to take you to court to get it. If they do, then you could counter file for the security deposit. |
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John Q Harris
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It is angering, but you are going to end up paying the 30 days rent. You can bring it to court, and the judge will read the contract (as you should have) and ask you where the copy of the written notice. You do not have one, and a verbal is not good enough.
No, it is not fair, but perfectly legal. Sorry |
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Beesonbuck
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Sorry you are stuck paying it. Thats one of those legal loopholes in which people can take your money. I cant be positive though without seeing the actual contract so you might want to contact legal advice |
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