Charged 3 months rent after we move, judgement made without notification

[katblu]

What is the name of your state? MI

I just found out my brother in law and I have a judgement against us for over $1500 from my old apartment complex. We only just found out about it because it showed up on his credit report. He had co-signed the lease when I moved up here to go to school, and we signed paperwork and a new lease to have him taken off two months later when I started working. The paperwork and new lease was conveniently lost by the office at the apartment complex.

I had given 30 days written notice that I would be moving out when my lease was up on 6-30-07 and was told I was all set. My boyfriend moved up here and we moved into our new apartment together on 6-15-07 which gave us about two weeks to move everything out of the old apartment and get settled in the new one. It was my first apartment and I left the keys on the counter along with the old door handle because I had changed it so I could have 2 locks (nobody told me to turn them in at the office but I'm willing to take responsibilty for that) and I left a large dresser in the bedroom because we were unable to move it. I knew I would get charged for the removal of the dresser and for the door handle and that it would be taken out of my security deposit.

When I first called to see what was going on they said there was no written notice that I was moving in my file and no paperwork that my brother in law had been taken off the lease. They did find my 30 days notice later which said I would be moving out 6-30-07 then they said it was extended to 7-20-07....I never extended it to July. I was told by the assistant manager at the leasing office they did a tenant check on 7-12-07 and the maintence man reported the apartment was, or I suppose still looked, occupied. There was nothing in the living room, dining room, bathroom, kitchen, and we had cleaned everything. She said if all that was in there was the dresser and keys they would have known we moved out, as that was all they found when they rechecked the apartment at the end of August.

I was told several notices had been sent in the mail and the case went to court without my brother and law and I because they did everything possible to contact me. They had my phone number, work number, work address, my brother in laws address, his phone number, work number, etc. They said all the notices were sent to the apartment (at which we weren't living at) and they didn't have to even attempt to contact my brother in law about the case because it was my responsibity to notify him since he was only the co-signer, not theirs. Since the case and judgement was against him also, shouldn't he have been notified or they should have at least tried to contact him?

I'm being charged for July, August, and the 30 days notice (which I'm assuming is another month's rent), for the cable, and late fees for those three months. I don't know if their mainence man lied, or if he simply did not go in the apartment. I'd take responsibilty for July because it was my own ignorance that I didn't know to turn the key in to the office, but because of what this guy said I'm being charged over a thousand dollars more than that. I can show the date of my new lease, the reciepts for the U-haul, my boyfriends parents came up here when we were moving and helped us, my brother in law knows he signed the papers to be taken off the lease.

Do I have grounds to disput, what can I do, or am I just out of luck? I mostly feel bad because this is on my brother in laws credit and he was removed from the lease so this isn't his problem.

 

[Cvillecpm]

Spent $1,500 in attorney fees to have an attorney write STINK threatening letters to mgmt or attorney will file to set-aside the judgement for lack of service.

 

[MIRAKALES]

Tenant provided proper thirty (30) days written notice to terminate lease and move-out in accordance with the law. The keys were left in the rental unit (which is perfectly legal provided lease or move-out instructions do not express otherwise). LL should have provided tenant with a security deposit settlement statement within thirty (30) days of vacating in accordance with Michigan (MI) law. What the maintenance personnel may have stated regarding occupancy or vacancy of unit is irrelevant. LL lost the tenant’s written notice to vacate which is the primary legal obligation tenant has to prove intent to move.
The property managers would be in violation of 1) not issuing the security deposit settlement within thirty (30) days, 2) not serving legal notice to the tenant, 3) illegally obtaining judgment against non-tenant (brother-in-law), and 4) suing for days of non-occupancy from July 1-20, 2007. Tenant should provide copies in court of final legal agreement and original lease agreement (with co-signor brother-in-law), dated notice to vacate or move-out notice (with proof of mailing, if available), original application to show LL had all necessary contact information, telephone records to show contact with management, etc. Tenant should be able to dispute judgment and restore brother-in-laws credit to good standing.

 

[katblu]

Very helpful and thank you. They were able to locate my move out notice after looking for it further. I was supposed to drop the keys off at the office according to the office manager I spoke with today. She said because I didn't drop them off they had no way of moving out, which is why they did the tenant check on July 12th. I NEVER extended my move out date to July 20th**************if I had why would they have checked to see if we were still living there on the 12th? That's something I will be calling about in the morning.

I did not have the apartment number to my new address yet, I gave them the name of the apartment complex and city we were moving to so they didn't have my complete address. It's only 10 minutes away, we didn't move out of state or anything (not that it probably matters).

I was told because I was the tenant it was my responsibility to notify the co-signer (my brother in law) not theirs. If he is also being taken to court and they have his proper address and contact info doesn't he have to be notified of any legal action against him? Please correct me if I'm wrong but would the courts really trust me to just tell him? They had his address, work number, phone number, etc.

Since they did not have my complete address did they do everything right by mailing the notices to the empty apartment or should they have tried alternate methods to contact me and at least made an effort to contact the cosigner? I was also told there was a note that the manager called and left a message on July 20th. I never recieved a message.

I signed a year lease that was up in June. Can they just put me on a month to month basis after that without me signing anything?

I know the manager was only looking at what was in my file in front of her but something just doesn't seem right to me. I signed to move out June 30th, they said it was extended through July 20th and I never extended. They said they did a tenant check on July 20th and the apartment appeared to be occupied even though we had moved everything out nearly a month before. They conveniently lost the new lease we signed that took my brother in laws name off the lease. Even if I had signed to move out July 20th, why would they wait till the end of August to see if we had moved out?

 

[katblu]

Just to add about the message the manager made a note she left on July 20th, I just checked my cell phone records from Sprint and there was no call that day. I called me voicemail and made one other outgoing call at 10:51 PM. I did have a house phone, but it didn't have voicemail or an answering machine so the only way a message could have been left is on my cell.

 

[ecmst12]

You and BIL both need a lawyer. You will need to file a motion to vacate the judgement, and a new trial date will have to be set. It's even possible that after the judgement is vacated, they will decide not to proceed with a new trial since they have no case. It probably won't cost $1500 in legal fees unless you do have to have a new trial. In which case you can counter sue for not receiving your deposit or an accounting of deductions within the time limit.

 

[katblu]

Am I able to request they pay my lawyer fees?

Since my lease was up in June and I signed saying I would be out on the 30th, even if there was stuff in the apartment when they checked in July shouldn't they have just thrown it out and charged a disposal fee?

 

[katblu]

I found this on the Grand Blanc, MI court website under tenant/landlord matters, initiating a lawsuit : "The Renter must then be personally served by a Process Server. If you do not know a Process Server, you may locate one in the phone book. The Landlord cannot serve these papers on the Renter."

HOW did they get the case to go to court without doing that? I was never personally served by any process server and neither was my brother in law, and according to that, the landlord sending notices in the mail wouldn't cut it.

 

[ecmst12]

That is why your lawyer's motion to vacate will likely be successful.

IF they insist on going back to court, and you counter sue, you can add court costs to the countersuit, and possibly legal fees.

 

[COlandlord]

Correct me if I am wrong:
1. Resident left keys to the apartment in the unit. She changed the locks so the manager had no access to the unit.
2. Resident left personal belongings in the unit. In most states a unit is not vacant UNTIL keys are returned and ALL personal belongings are removed. Disposal of personal belongings is illegal.
3. Resident left no forwarding address. Nothing in the post suggests a proper Notification of security deposit was not sent out.

The full story, in my opinion, has not been given...keep us posted and how the court procceedings go.

 

[ecmst12]

Tenant gave notice to move and forwarding address. LL lost it.

 

[jpathfynder]

Correct me if I am wrong:

3. Resident left no forwarding address. Nothing in the post suggests a proper Notification of security deposit was not sent out.

554.611 Notice of forwarding address; effect of noncompliance.

Sec. 11.

The tenant shall notify the landlord in writing at the address given under section 4 within 4 days after termination of his occupancy of an address at which communications pursuant to this act may be received. Failure to comply with this requirement relieves the landlord of the requirement of notice of damages but does not prejudice a tenant's subsequent claim for the security deposit.

 

[katblu]

Colandlord: I had two locks on the door. When I moved in there was only a deadbolt which the leasing office has keys to. I took off the door handle and switched it with one that had a lock. Each hallway had 12 apartments and 1 laundry room, the laundry room door is locked and everyone has a key to it. The laundry room and apartment keys look similar and I accidently tried to unlock my front door with the laundry key and after wiggling it around a little it unlocked my front door. I wanted my locks changed because of that and after several weeks of maintenence not coming to do it, I added the second lock. I only locked the deadbolt when I moved out and they have a master set of keys in the office to do inspections, maintence work when your aren't home, etc.

It is stated in the lease that if you leave anything in the apartment when you move out that you will be charged a disposal fee for the items and it will be deducted from the security deposit.

I admit some responsibility because I didn't properly know what to do. I'm trying to give the full story, admitting all my mistakes so I appologize if I'm not explaining things well or they seem unclear.

When I first called the office manager said there was no 30 days notice in my file. She said she would look into it further and called me back after finding it. I knew where I was moving at the time but had not been given my apartment number so I left the info I had : The name of the apartment complex, city, and leasing office address. I'm not concerned with the security deposit at all.

Please ask any questions and I'll answer the best I can.

 

[katblu]

I also called today to request copies of everything in my file**************I would be entitled to that right? Am I entitled to a list of what they said they did, such as when they checked the apartment, when the manager said she called and left a message? I'm not sure what she was looking at when I called, but it sounded like a list of notations that were made about my account. The manager I spoke with was busy at the time and didn't call me back. I'll be trying again tomorrow.