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  1. #1
    dhinderliter is offline Junior Member
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    30 Day Notice and Rent Not Prorated

    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
    Danielle
  2. #2
    justalayman is offline Senior Member
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    In many states the thirty day notice is not actually a 30 day notice as much as it is a 1 month notice. Rent is not prorated in those states,

    When you turn in your 30 day notice, it has to be before rent due day of the month you intend to be the last month. I haven't looked up Arizona LL/T statutes but this is typical in many states. If this holds true in Arizona, you owe for the rest of the month.

    as a matter of fact, here is the pertinent statute:
    33-1375. Periodic tenancy; hold-over remedies

    A. The landlord or the tenant may terminate a week-to-week tenancy by a written notice given to the other at least ten days prior to the termination date specified in the notice.

    B. The landlord or the tenant may terminate a month-to-month tenancy by a written notice given to the other at least thirty days prior to the periodic rental date specified in the notice.
    C. If the tenant remains in possession without the landlord's consent after expiration of the term of the rental agreement or its termination, the landlord may bring an action for possession and if the tenant's holdover is willful and not in good faith the landlord, in addition, may recover an amount equal to not more than two months' periodic rent or twice the actual damages sustained by the landlord, whichever is greater. If the landlord consents in writing to the tenant's continued occupancy, section 33-1314, subsection D applies.
    Looks like you owe. Pay up and get on with life.
    Last edited by justalayman; 03-30-2006 at 08:38 PM.
  3. #3
    dhinderliter is offline Junior Member
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    Thanks for that rude ending. Although I understand that just because you don't know the law doesn't mean you can get away with murder (or whatever) BUT when its stated in a LEGAL rental agreement as 30 DAYS notice then that is what takes precedence b/c you signed that specific agreement with that specific landlord.

    If you see everything in that light then thats not really a great thing. I am not rich and I certainly can't afford to just throw money away when the damn product wasn't even used AND the apartment complex didn't even clarify their obscurly written lease to suite their needs.
  4. #4
    justalayman is offline Senior Member
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    Quote Originally Posted by dhinderliter
    Thanks for that rude ending. Although I understand that just because you don't know the law doesn't mean you can get away with murder (or whatever) BUT when its stated in a LEGAL rental agreement as 30 DAYS notice then that is what takes precedence b/c you signed that specific agreement with that specific landlord.

    If you see everything in that light then thats not really a great thing. I am not rich and I certainly can't afford to just throw money away when the damn product wasn't even used AND the apartment complex didn't even clarify their obscurly written lease to suite their needs.
    Wasn't intended to be rude. The bottom line is the law states what it states. Just meant that you are fighting a lost cause and it would be better if you just paid the piper and moved on with life. You can try to fight but the law is on the LL's side. It's not my time, trouble or money that is involved here so if you want to fight a lost cause, go for it.

    You claim that a 30 day notice is required. You are right but you need to realize you are a a monthly rental period. The Arizona legislature took the time to clarify this jsut because of situations like yours. While you may feel it is not fair, that is something you need to take up with your legislators.

    Here is one thing that may help you though;

    If they are charging you for the remainder of the month, they could not collect rent from another tenant. If you can prove that the apt. was re-rented before the month was out ( actual possession), you can argue that they did not lose the months rent. The law generally does not allow double dipping (collecting rent from two parties for the same property for the same time period)
  5. #5
    acmb05 is offline Senior Member
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    Quote Originally Posted by dhinderliter
    Thanks for that rude ending. Although I understand that just because you don't know the law doesn't mean you can get away with murder (or whatever) BUT when its stated in a LEGAL rental agreement as 30 DAYS notice then that is what takes precedence b/c you signed that specific agreement with that specific landlord.

    If you see everything in that light then thats not really a great thing. I am not rich and I certainly can't afford to just throw money away when the damn product wasn't even used AND the apartment complex didn't even clarify their obscurly written lease to suite their needs.
    I'm sorry but you signed a lease. In order to give proper notice you would have had to give 30 days written notice. It is not the landlords job to explain the proper procedure of that notice. You have to give notice 30 days before the end of your tenancy but before the rent is due for that month. So if you gave the owner 30 days notice on April 11th then the 30 days would not actually start until May1st. So yes you do owe the rest of the months rent.

    You may be able to get out of the cleaning and other fees IF they did not do a timely inspection and notify you per LL/T laws of your state of any fees due for damages and cleaning. Btw what happened to your security deposit? They should have deducted that from any monies they say you owe.
  6. #6
    dhinderliter is offline Junior Member
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    I will try to find out if they rented the apt back out before may 30. Do you think it would be successful to just call and ask? or should i go knock on the door and pretend like i am considering the place to live and ask when they moved in?

    i didn't think my husband had to put down a security deposit (military) but the collection agency sent me some copies and one them states "...I agree to pay a holding deposit of $64.00 and a non-refundable fee of $35.00." I am not sure if that was "tacked" onto his first months rent when he actually moved in or not. Don't ask me about the odd number though.

    If you have any experience with collection agencys: Do you think I would be successful if I sent them a check for $300 that they would take that as settlement? I can afford that but $600 is how much i pay in rent now for an apartment for an entire month!!

    Thanks

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