60 days vacate notice, NC

[sflemon]

Details:

Lease term was for Jan 1st 2007 to Jan 1st 2008 midnight. Vacated on the 1st. Turned in my keys. All rent for the term was paid in full. Before 60 days arrived I went to the office to request the form multiple times stated in the lease and said they would send it out. Did not get it. They jerked around on the renewal rate. I eventually went in and signed I'm vacating around beginning of December after returning again.

Apartment's claim:

I did not give 60 days (or any notice) for moveout and sent a bill for some $2k including rent through like Feb 4th or something and a huge no 60-day fee.

What the lease says:

-This lease contract will automatically renew month to month unless either party gives at least 60 days written notices of termination or intent to move out as required by paragraph 36.

-36. The just of 36 is "use our written notice move out form."

======================

Now, the only way they can claim any rent is in the event of "holdover". The legal definition of "holdover" is:

holdover tenancy n. the situation when a tenant of real estate continues to occupy the premises without the owner's agreement after the original lease or rental agreement between the owner (landlord) and the tenant has expired. The tenant is responsible for payment of the monthly rental at the existing rate and terms, which the landlord may accept without admitting the legality of the occupancy. A holdover tenant is subject to a notice to quit (get out) and, if he/she does not leave, to a lawsuit for unlawful detainer.

I "surrendered" the apartment legally on Jan 1 2008. Therefore am not liable for any "holdover" rent, "damages", etc......

Now, that pesky huge "no 60 days" fee. There is not provision in the lease stating that any such provision.

The only thing I see is the contract renewing month to month with notice received. However, the apartment has been "surrendered" officially as of Jan 1 2008. But, in the event of non-payment during this period,

Either way, I had signed/turned in December. How will this work? My word vs theirs? I went in and signed it!

So****************************what gives here?
I'm going by there tomorrow morning first thing. I'm also considering going to a law office.

A little help please? Any idea what a lawyer might charge to settle this?

[Cvillecpm]

You should have done your OWN 60 day written notice absent their providing their form...sue them in Small Claims court if you don't get your deposit back!

[sflemon]

I had enough credit I didn't have a deposit.

They're claiming a "balance due" of that amount for what I posted. Asking for $$ for rent after I gave the keys up, asking for this outrageous "fee" which isn't outlined in the lease.

No more renting anyway, I'm a homeowner now.

But guess if they don't see it my way I will be paying attorney fees.

[COlandlord]

Why did you attempt to go in over 60 days prior to give a notice if none were required? It would seem that you knew the requirement some how, but failed in giving the notice.

If I'm wrong and a 60 day notice to vacate is not required in your lease..take them to small claims court. You don't need a lawyer for that. Take a copy of your lease proving it is not in there.

[kornball]

Did anything prevent you from drafting up your own 60 + day notice upon them not giving you one stating when you went in etc???

Did you write on the check memo 60 day notice for that months rent?