What is the name of your state? AZ
In April 2005 we submitted our 30 day notice to our landlord (on April 11th to be exact). Our lease ended May 1 2005. We do acknowledge that we turned in notice late. On May 1 we gave them a prorated check from May 1-May 11. We did actually leave the premisis on May 3rd but didn't dispute charges or anything we were going on vacation for a month and had to have our stuff out before the 11th and would have been gone that day.
Here is the exact wording of our lease:
"I/We understand that the lease term will automatically renew on a month to month basis unless I/We deliver thirty (30) days prior written notice of my/our intent to vacate at the end of the initial or any extended term, in which a month to month premium of $100.00 added to the current market rate must be included if a new lease is not signed."
Fact: We turned in a 30 day notice on April 11, 2005.
Fact: We paid rent on May 1, 2005 for May 1-May 11, 2005
Fact: We cleaned the apartment to the best of our ability and some minor, normal, day to day living wear and tear remained.
Fact: We turned in our keys on May 3, 2005 and insisted that someone inspect the apt. They refused and said "they would get to it later"
After trying to do everything by the book and whats right we get letters from collection agencys saying that we owe $189 in cleaning fees and $501 rent for the rest of May.
In a letter I recieved from the latest collection agency it states:
"What you have taken liberty with is that you feel that the rent should be pro-rated. No where in the Lease does it call for a pro-ration of the rent. Rent is due as on a montly basis for the entire month. Therefore the apartment complex is within their right to ask you for the remaining balance of May's rent."
Although they are trying to show that they have all the laws on their side I also want to point out that in NO way says that it shouldn't be pro-rated based on when the 30 day notice was turned in.
Obviously the big thing is the $500 rent that they say we owe. I would be MORE than willing to send them a $200 check and have them say its all paid and done for and take this collection off of our credit.
Am I completely wrong that rent should be pro-rated? I even ASKED my current landlord manager about it and SHE stated "...oh we would have pro-rated that..." I do understand that different companies have different leases written BUT when reading my current lease it states "...For Rental agreements which are month-to-month, Lessee agrees to provide a Vacate Notice thirty (30) days prior to the periodic rental due date." Which actually implies (i think....) that it has to be a full month not just partial. I could be wrong.
PLEASE HELP!! We are young and have little money and were just starting a VERY good credit report and this has ruined it. I just want it dealt with. I just need a few lines of text to send them and the knowledge of whether they can eat me alive or if I am correct in the interpretation.
Thanks for the help