Sent notice and get....

[Tayla]

What is the name of your state (only U.S. law)? Pennsylvania
1: Currently a month to month tenant.
2: Lease states " Tenant must give atleast 60 days but no more then 90 days notice for intent to vacate- Send via certified mail to the Landlord".
3: Sent Letter of Intent with all provisons: Date of departure , Tenant address,agreement to clean and return keys, request for inspection walk thru, proof that all utilities are currently paid with credit balances.Forwarding address and contact number. Letter sent via certified Mail Oct 15th. Target date to vacate: Dec 31, 2008.
4: Landlord signs green card and tacks a note on our door.
5: "Your NOTICE must have one of OUR Letterhead with OUR terms of vacating in order to be honored as a true document of notice." We refuse to honor your mailed one.
6: No where in our lease does it say we have to use one of their forms or use their lame stipulations forms .
7: I consider our duties in sending notice to be in accordance with the lease and refuse to bend any further to their tactics. Can a LL actually tell us the Letter of Intent is invalid? It was signed by the Lessee and a copy saved just so we would have a paper trail.

 

[BL]

What is the name of your state (only U.S. law)? Pennsylvania
1: Currently a month to month tenant.
2: Lease states " Tenant must give atleast 60 days but no more then 90 days notice for intent to vacate- Send via certified mail to the Landlord".
3: Sent Letter of Intent with all provisons: Date of departure , Tenant address,agreement to clean and return keys, request for inspection walk thru, proof that all utilities are currently paid with credit balances.Forwarding address and contact number. Letter sent via certified Mail Oct 15th. Target date to vacate: Dec 31, 2008.
4: Landlord signs green card and tacks a note on our door.
5: "Your NOTICE must have one of OUR Letterhead with OUR terms of vacating in order to be honored as a true document of notice." We refuse to honor your mailed one.
6: No where in our lease does it say we have to use one of their forms or use their lame stipulations forms .
7: I consider our duties in sending notice to be in accordance with the lease and refuse to bend any further to their tactics. Can a LL actually tell us the Letter of Intent is invalid? It was signed by the Lessee and a copy saved just so we would have a paper trail.

http://www.tenant.net/Other_Areas/Penn/harris/pa-part4.html

Which is it ?

You're month to month , or month to month term lease ?

Next , anything written into a lease that goes against State Laws are not enforceable .

Follow the State Laws and respond citing the Laws of the State and your compliance with them and the lease notice .

 

[MIRAKALES]

Tenant should acknowledge the letter and instruction from LL. Request in writing that LL provide the required forms and language needed to perform proper Notice to Vacate. In addition, request LL provide detailed Move-Out Instructions. The pre-move out confrontation will not help either the tenant or LL.

Tenant will benefit by being able to provide proof of original certified mailing, followed by secondary mailing in accordance with LL’s requirements. Pick your battles carefully. Although tenant’s notice may be valid, comply with LL’s request and make the move-out and transition as smooth as possible.

 

[FarmerJ]

Tayla your LL is full of it , by following exactly what the lease said for notice times and sending it with method that gave you proof , your LL can say all they want BUT Ill bet your notice would stand in court if the LL tried to claim it wasnt proper notice. Plan your move accordingly and If the LL wont do a walk thru with you go buy disposable cameras and take a ton of picks to prove the units final condition and make sure to send your LL your new address again via method that gives you reciept like confirmed mail delivery. Make sure to store your reciept card and your copy of the notice in a safe place with your lease copy . like a bank box make extra copies to store away from home at a trusted friends or relatives and do not hesitate to challenge the LL in court if you have to sue to get deposit moneys OR unfair amounts held back because of your LLs BS about the notice.

 

[Tayla]

TENANT-LANDLORD HANDBOOK

Which is it ?

You're month to month , or month to month term lease ?

Next , anything written into a lease that goes against State Laws are not enforceable .

Follow the State Laws and respond citing the Laws of the State and your compliance with them and the lease notice .

BL- The lease was yearly up until Oct 1 2008. We were advised that if we didn't sign the new lease we would be on a month to month lease term .

To the other posters, I thank you for your insight and agree that documentation and photos will aide when vacating.
Mirakales- your comments are a work of modern art; creative and distorted.

 

[MIRAKALES]

LL is presumably holding a security deposit which can be offset by lease violations. Lease violations are determined by LL, not tenant and can only be legally disputed in a court of law. LL has advised tenant (whether correct or incorrect) that tenant is in violation of lease agreement. Tenant can argue (whether correct or incorrect) that LL is in violation of lease agreement. Ultimately, LL will prepare a settlement statement in consideration of the apartment conditions and rent payment status, including lease violations. Tenant should also consider the quality of LL references which are required by most quality rentals.

LL professionally acknowledged tenant’s notice to vacate. Tenant should likewise respond in a professional manner. The issuance of a secondary tenant notice is less time consuming than an unnecessary court appearance. It is not likely that LL’s legal requirements are “lame” stipulations or “tactics.” Apparently, there is information in the LL’s required terms for vacating that are objectionable to tenant.
(The LL’s “green card” tacked on tenants door is vague and obscure but probably a legal notice.)

Pennsylvania has very specific laws regarding the management of lease agreements and security deposits. Tenant would rather dispute the validity of LL’s request / requirement rather than facilitate the move-out and transition to avoid legal action. LL appears to be a management company based upon details in the post (letterhead, lease stipulations, etc.) The comments provided were intended to avoid unnecessary legal action and to prepare tenant should court be the only resolve. However, a legal dispute may be inevitable based upon the tone set by a simple move-out. Tenants inevitably make their own personal choices whether legal or illegal.

 

[Mrs. D]

It's OCTOBER 24TH...you still have time to comply with their regulations. You may have to send the new notice that is "up to their standards" via overnight delivery to get it there in time. If the leasing office hold you up one SECOND in your quest to do this right (i.e., tells you they're out of letterhead, tells you it will take time for them to get you the forms, etc.) fall back on the fact that you DID send notice per all the requirements ACTUALLY listed on the lease. You should at least try to give new notice before Friday, so as to avoid court. And also to show the court that you did make a good faith effort to comply with their crazy standards. Even if you sue and win in court, your expenses (lost wages, transit to the courthouse) will likely be more than the $15.00 or so that you will lose trying to do it their way before the 31st.

 

[Tayla]

It's OCTOBER 24TH...you still have time to comply with their regulations. You may have to send the new notice that is "up to their standards" via overnight delivery to get it there in time. If the leasing office hold you up one SECOND in your quest to do this right (i.e., tells you they're out of letterhead, tells you it will take time for them to get you the forms, etc.) fall back on the fact that you DID send notice per all the requirements ACTUALLY listed on the lease. You should at least try to give new notice before Friday, so as to avoid court. And also to show the court that you did make a good faith effort to comply with their crazy standards. Even if you sue and win in court, your expenses (lost wages, transit to the courthouse) will likely be more than the $15.00 or so that you will lose trying to do it their way before the 31st.

Thanks Mrs D!
Good idea if I wanted to constantly submit to their "regulation" that is NOT in the lease "tenant Vacate Terms". Nor was a Notice of Change in Vacate Terms sent to Tenant at any time during the current tenancy.
Footnote: I don't avoid court when its a matter of legal rights.

 

[BL]

Thanks Mrs D!
Good idea if I wanted to constantly submit to their "regulation" that is NOT in the lease "tenant Vacate Terms". Nor was a Notice of Change in Vacate Terms sent to Tenant at any time during the current tenancy.
Footnote: I don't avoid court when its a matter of legal rights.

If you gave a security deposit , doing what they request may make it easier .

On the other hand , it sounds like the LL wants to play it out , and possibly try to find a way to keep the sec. deposit .

I agree with you however .