Lease help

[the engineer]

What is the name of your state (only U.S. law)? South Dakota

I was wondering if I could get some help with my lease and if I can terminate it without the early termination fee.

When we (me and my other 2 roommates) signed the lease we signed for a term of 6 months ( lease says 6 month term, and a 12 month pro-rata term which I have no idea what it means?) a month or two after that the person who wrote our lease with us was fired, they did not ask us to resign a new one or anything of the sort. So the 6 months comes to an end and we go down to resign and they tell us their file says 12 month lease, we leave thinking nothing about it and saying nothing that it was wrong. 3 months later we find the internet is slowing down and being generally crappy and the management has been pretty bad to, so we decide that this place isn't what we wanted.

My question is can we terminate the lease without incurring the cost of the early termination fee due to the fact that our original lease (which all of us still posses) saying that we were only here for a term of 6 months?

Thank you to those who read this, any advise helps.

 

[STEPHAN]

What does the lease say happens when you stay longer than 6 month? Does it go into a month to month? Do you have a signed copy of that lease?

 

[the engineer]

Thank you for replying Stephan.

It does say that is goes into month to month, but it also says that there is an additional $100 fee for month to month that they have not been making us pay. The fact that they haven't asked for the additional month to month fee is what makes me think we can get out of this without the $900 termination fee.

And yes all 4 of us have a signed copy of the lease.

 

[Gail in Georgia]

"It does say that is goes into month to month, but it also says that there is an additional $100 fee for month to month that they have not been making us pay. The fact that they haven't asked for the additional month to month fee is what makes me think we can get out of this without the $900 termination fee."

You should very likely be thinking exactly the opposite.

Because they have not been charging you this extra $100 for a month to month tenancy, their argument would be that you now have a year lease, requiring the lease termination fee to break it.

Gail

 

[RRevak]

"It does say that is goes into month to month, but it also says that there is an additional $100 fee for month to month that they have not been making us pay. The fact that they haven't asked for the additional month to month fee is what makes me think we can get out of this without the $900 termination fee."

You should very likely be thinking exactly the opposite.

Because they have not been charging you this extra $100 for a month to month tenancy, their argument would be that you now have a year lease, requiring the lease termination fee to break it.

Gail

It doesn't matter what the leasing office thinks, if OPs lease says after the period of 6 months is over the lease converts to a month to month then that's what OP has. The lease is always the binding remember...If the office hasn't been charging the additional fee then that should be dealt with. But it shouldn't be assumed the lease is a 12 month full if the paperwork says otherwise.

OP what exactly does your lease say? Word for word minus names.

 

[Gail in Georgia]

" So the 6 months comes to an end and we go down to resign and they tell us their file says 12 month lease, we leave thinking nothing about it...."

Please note....

Gail

 

[Zigner]

It's 3 more months, tough it out.

 

[RRevak]

" So the 6 months comes to an end and we go down to resign and they tell us their file says 12 month lease, we leave thinking nothing about it...."

Please note....

Gail

Except Op said their actual lease stated month to month which is why I asked exactly what the lease said. Either Op is wrong in the interpretation of their lease or the leasing offices files are wrong.

 

[BL]

lease says 6 month term, and a 12 month pro-rata term which I have no idea what it means?

I'm not sure either