They say my lease isn't up--yet I signed a 12 month lease?

[vollbree88]

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

In June 2008 I moved into a new apartment. I signed a 12 month lease--and have not resigned. I called the apartment complex to find out when I had to be out. They then proceeded to tell me that my lease is not over til July 31st.

The complex is a residental apartment for college students. Typically, students move in August 15th and move out July 31st. However it is not universal rule throughout the complex and there are generally students who move in and out at all times of the year.

After speaking with them I went right to my lease. Nowhere on the lease does it state that my move out date is July 31st. In fact, it clearly states that I signed a 12 month lease. I only agreed and signed for those 12 months--no more and no less. Of course this is frustrating, especailly when I just signed a new lease and will be moving within the next few weeks. There is absolutely no way I can afford two rents.

Now what worries me is that when I signed my lease the complex did not fully fill in all the information. For example, they did not put a move in or move out date. They told me that they would fill in that information once they recieved the lease from me (the lease is like a rental application here...). Now, I don't know if after they recieved the lease from me that they filled it in and put July 31st. I've tried to get another copy to see if they changed things, but to no avail as of now. Either way, the lease states 12 months not 14 months.

I plan on calling the main corporation tomorrow--from what I understand they are relatively understanding. I am hoping to not have a hard time with them. How should this be handled? I know what I signed for, and I have the origional copy that is notorized. I don't need a hit to my credit so I simply cannot just not pay the rent--but I also should not be responsible for something that I did not agree to. I agreed to a 12 month lease, I should be offically done with my lease on May 31st. I will not pay more than $1,000 for a place that I will not be living.

How should this be handled? I do not want to call the head corporation unprepared and not understanding of the lease and the law. If someone could provide me insight, I'd appreciate it.

Just in case I didn't clarify--my problem is that my lease SHOULD be up May 31st but managment says it's not up til July 31st. No where on the lease does it say I need to give them notice of move out UNLESS I move out early. There is NO month to month rent here--either you sign a whole new year lease or you move out. I told them months ago that I wasn't resigning (remember, it's a college apartment complex... think of it almost as a dorm)

 

[Alaska landlord]

Look at your lease under the section titled "notice" You probably have to give a 60 day notice before you plan on vacating.

 

[vollbree88]

But my lease is over, that's what I'm trying to say. It states that I must be out by 10am on the last day of my lease. But, it doesn't say what day. They called me months ago to see if I was resigning and I said no. Why would I have to give them notice? This isn't a typical apartment complex--their functions and policies work differently. There should be no notice if my lease is ending and I have not resigned for another year. It states NO WHERE on the lease that I need to give them notice.

 

[vollbree88]

What I meant to say is:
Typical move out date for ALL residents is July 31st. All residents move in Augsust 15th.

THE EXCEPTION: Some tenants move in at different times (though rare). I was one of the rare tenants who moved in on June 1, 2008. I signed a 12 month lease--they asked if I was resigning and I said no. This was months ago.

I only signed a 12 month lease...they shouldn't need notice (nor does the lease state that... the only thing it states is that you must give notice if you are moving out EARLY). My lease SHOULD be over May 31st, not July 31st. My lease SAYS its a 12 month lease. I moved in JUNE 2008-- so lets do the math... I should be out in MAY. No notice required. They know what they are doing--they are just trying to con some stupid college kids into paying more money.

 

[ecmst12]

How many days notice does your lease require you to give prior to moving out? What day did you provide the written notice to your landlord that you would be moving? Even if you are moving out at the end of your lease, you still need to give appropriate notice.

If your lease does not specify a number of days, it defaults to the state mandated minimum notice, which in MOST states is 30 days including one full rental period - but your state laws may be different.

 

[vollbree88]

Golly--no one is reading or understanding my question.

First of all--this is not your average apartment complex. It is a university apartment complex. Secondly, YOU DO NOT GIVE NOTICE. You have a specific date that you move (the last day your lease is up!). You have the date from the time you sign your lease... the only time that will change is if you resign your lease for another year. I don't get how no one understands that... I understand that MOST apartments function the way you all are trying to explain, but maybe if you'd give my explaining some thought, you'd understand that this isn't a typical apartment.

Listen, people... Think of this as a dorm, NOT your average Joe apartment complex. Typical students move in Aug 15 and they must move out July 31st (and no, they do not give notice of moving out...) well my lease started July 1st so I should be out on May 31st... just like my lease states...

Can someone not throw me a bone? Dear gosh.

How many days notice does your lease require you to give prior to moving out? What day did you provide the written notice to your landlord that you would be moving? Even if you are moving out at the end of your lease, you still need to give appropriate notice.

If your lease does not specify a number of days, it defaults to the state mandated minimum notice, which in MOST states is 30 days including one full rental period - but your state laws may be different.

 

[vollbree88]

I finally got this all worked out.

I went to the office and they had on record that I moved in August 22 (wtf?) Yet, I had been making payments living here since June 1st--and had the records to prove it. Someone at the office didn't track when people were moving in and they had no record of me living here til August. Two and a half months that they didn't even have record of me living here... completely ridiclous if you ask me.

Then to top it off--after I turned in my lease/application (it's the same thing here) someone wrote down my move in and move out date, I was not aware of this. I told them that it was not my handwriting and to look at my handwriting on other portions of the lease... it was not the same. Not even the same pen. Great place, eh?


When they looked at my payment record they said "well, some people start paying rent early". Oh, then I really got angry. I don't have the money to 'pay rent early' I pay rent when it is due, that's it. But nevertheless, they did have records of me paying when I supposedly didn't live here.

They finally called their regional office after I raised enough hell and the regional office said to let me out may 31st. They tried to make it seem like I didn't really move in when I said I did despite the fact that I had roommates to prove it, payment records, etc. Such dumb people.

I should be happy right now that everything is worked out. But honestly--I am livid. How do they have their records SO messed up? It's completely absured if you ask me... How does a business function properly if they can't even get there s*it together?

Well, thanks for the help everyone.

 

[Cvillecpm]

Utility bills would prove when you started living there.

 

[Alaska landlord]

Get over it. It was an honest mistake, could be they have a bunch of college kids working for them.

 

[vollbree88]

Utility bills would prove when you started living there.

There are no utility bills.
They are included in rent... (remember it's like a dorm!) You never get bills or put utilities in your name. All included. So, no utility bills won't prove anything.

I wish people would recognize this is not a typical apartment. It is student housing set up like an apartment. I've tried to explain the situation the best that I can. There is one flat rate every month, no utilities, the lease is different from your typical lease, etc. You do not give "notice" of move out. You move out 12 months after you lease is started--the only time that changes is if you resign for another year. There is no month to month lease after you have fulfilled a year. If I am not out on my designated day (12 months to my move in day) I get fined for $100 for every 3 hours that I am late moving out.

I was simply seeking advice on how to handle the situation that they told me my lease wasn't over even though I fulfilled my 12 month obligation...forget about noticing them of move out, etc. It does not apply in this situation.

 

[vollbree88]

Get over it. It was an honest mistake, could be they have a bunch of college kids working for them.

I am over it. I just don't want to get conned into paying for rent that I didn't agree to. Is that not easy to understand? Yes, it is a lot of college kids. But it is not fair of them to expect me to pay $445 x's two for something I didn't agree to. Sorry that I don't have money to throw around. I think it's a legitimate concern--thanks though.

 

[FarmerJ]

Vol no matter what remember this ` Small claims courts are designed for this kind of dispute, Remember this NEVER sign a lease that has any blanks like dates, missing or address info & unit number, NO blanks!

 

[Alaska landlord]

I am over it. I just don't want to get conned into paying for rent that I didn't agree to. Is that not easy to understand? Yes, it is a lot of college kids. But it is not fair of them to expect me to pay $445 x's two for something I didn't agree to. Sorry that I don't have money to throw around. I think it's a legitimate concern--thanks though.

hey finally called their regional office after I raised enough hell and the regional office said to let me out may 31st.

Again, get over it. You got what you wanted!

 

[Cvillecpm]

If you learn NOTHING else from your 4+ years in college, life is HARD and people make MISTAKES....move on!!!

Always get a copy of whatever you sign WHEN you sign it!!!

 

[MIRAKALES]

Food for Thought...

A seasonal lease agreement is subject to the same state laws as a standard annual lease or month-to-month lease. However, seasonal lease agreements tend to be modified and conditioned upon agreement between LL and tenant. Seasonal lease agreements are specific to the circumstances and purpose of rental -- college boarding, occasional at-will use, summer/winter vacation, etc. Therefore, the terms and conditions of start date and termination date are fixed for a certain number of months or weeks.

There are usually additional terms and conditions related to the time of non-occupancy or non-use which should be detailed in the original seasonal lease agreement. During the time of non-occupancy or non-use either the LL or tenant can be responsible for maintenance of the premises until reoccupied by current/temporary tenant or new/next tenant. (This would be reason to provide notice of intent to vacate.)

Whether tenant is obligated to sixty (60) days advance notice of intent to vacate from date of notice or date of rent term would depend on whether the State of Tennessee is a LITERAL day state or a TERM/RENT CYCLE state.

• If Tennessee is a literal day state then tenant is obligated from date of notice.
• If Tennessee is a term state then tenant is obligated from date of next rental period.