Apartment was leased to someone else before we gave notice and we don't want to leave

[kevin.potts1]

What is the name of your state (only U.S. law)? North Carolina
Here's the situation. I rented an apartment with my girlfriend and we signed a year lease. That lease is up in 36 days. We recently applied for a larger apartment in the same complex but decided that we wanted to stay here instead. The apartment complex leased out our apartment during the time that we were applying. I do not believe that it says anything in the lease about this, but the woman in the office kept saying that "it is assumed that when you fill out an application for another apartment you are furnishing notice of intent to vacate". I was under the impression that in regards to legal matters, nothing is assumed. In any case, I was wondering what I can do, if anything, to keep this apartment. Oh and I should include the fact that we did receive a letter of intent to vacate (the one pre-drafted for the tenant to sign and return) which we DID NOT sign. We have not in any way verbally or in writing said that we intend to vacate this apartment, but the complex claims that since, and I quote "you cannot have two apartments at once", that applying for another apartment is equivalent to furnishing notice of intent to vacate. We do not want to give up this apartment so any help would be greatly greatly appreciated!

 

[Banned_Princess]

Well what happened to the other apartment? with the same management I assume...

this is on a grey line, because they can say that by them sending you the notice to vacate at the end of your lease for you to sign was actually a notice to vacate in accordance of your leases "end clause"

Maybe you dont want to fight this battle, or you do.

Let me ask you this, what does the lease you are holding say about ending the lease at term or before...

 

[kevin.potts1]

Thanks for your response. I don't physically have the lease with me currently, my girlfriend is looking over it a bit more at work. And yes, this is with the same management. So the apartment complex certainly does not have to give you the option of staying, and they could just claim that now that the lease is up we have to leave? That would be bad news...As far as the other apartment goes, we were approved but decided it was a bit out of our budget after all. Now we're stuck with nowhere to live! Does it matter that we were not notified before submitting the application that submission of another application is the same as giving notice of intent to vacate? And we are still outside of the 30 day window stated in the lease...
And we do want to keep this apartment. Is there anything that we can do to convince them that it would just be easier to let us keep this apartment? I'm not suggesting anything illegal here, but maybe going to the BBB or something?

 

[Andy0192]

Unless your lease has some type of provision to automatically renew - and that option is your sole choice, I'd tell you to start preparing to move.

The good news is, rentals are cheap right now and you might find more options available at a lower price if you have decent credit and a good rental history.

 

[Mass_Shyster]

That lease is up in 36 days.

Barring some clause in your existing lease, the landlord has no obligation to renew your lease.

 

[Zigner]

Does it matter that we were not notified before submitting the application that submission of another application is the same as giving notice of intent to vacate? And we are still outside of the 30 day window stated in the lease...

You have now been given notice that you are expected to leave at the end of your lease...