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Landlord/Tenant issues

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shannon410

Guest
I live in Arizona. My lease on my apartment was over on July 31st. I moved out on July 31st. I returned my keys in the night drop on July 31st with a note telling them I had left as stated in an earlier written notice. The apartment manager is now claiming that I never gave a notice and that she feels we owe her for an additional month because they think they could have rented that apartment before we moved out. She even went so far as to send me a bill for an additional months rent. I don't feel I owe her this money seeing as how I didn't live there for the August rent she is trying to charge me. Can she charge me for an extra month?
 


wtd

Member
You don't state how much notice you gave or terms of your rental (month-to-month, lease, etc.).
This information would go a long way toward answering your question.

wtd
 
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shannon410

Guest
Landlord/Tenant

I gave a 3 1/2 week notice. My lease says we "REQUEST" a 30 day notice if possible. I was only able to provide 27 days notice.
 
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shannon410

Guest
AND.............

I was on a year lease that ended ON July 31st.
 
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happy&lucky

Guest
YOU owe them NOTHING.......

You gave proper notice, PLUS...YOU did not give them any notice to renew, did they SEND you a renewal lease?

They chose not to do anything about re renting until you left....so the landlord has to eat the loss...

A landlord must ALWAYS assume when the lease is over the tenant WILL move...unless stated otherwise.

You can sue them for your security deposit in small claims court.
 
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shannon410

Guest
They sent me a renewal reminder letter at the end of June and I didn't respond because I did not know if I was going to stay or move. Then 5 days later or so, I put my moving out notice in the night drop box. Maybe I was wrong for not hand delivering the letter? But I am never home when the office is open in order to hand deliver a letter. I always put my rent in that drop box and they always get it so I assumed it was safe to put the letter in there as well. They are claiming I never gave them a written notice. As for deposits, I don't have any because when I moved in, they waived the deposits. They are also claiming that I owe them money because they had to replace the carpet. I was under the assumption that it was normal practice for them to replace the carpets everytime someone moves out. Am I wrong?
 

wtd

Member
Unless your lease had some provision to the contrary, no notice is required, and it appears by the wording in your last post that there was no contrary provision as you state that they request a 30 day notice, IF POSSIBLE (i.e.: merely a courtesty).
As the notice was a courtesy, not a requirement, it matters not where, how or when you delivered it.
You don't owe them for the extra month's rent.

As to the damages, replacing the carpetingshould be considered normal wear and tear as you state, depending on a few things such as -
- how long you lived there
- is it their normal practice (as you assume) to replace carpet between tenancies
- was the carpet being replaced because it was damaged (stains, burns, tears, etc.)
Documentation of the condition of the carpet or a walk through with the left landlord just when you left would have strengthened your position here.

Since they don't have any of your money, you really need not do anything until/unless they try to file a small claims action to recover the rent and damages. I think you'll be OK on the rent, but you will have to defend yourself against the cost of the replacement carpet.
If they file suit, consult a lawyer (most have free consultations) to get some direction on the defense against the carpet replacement costs.

Good luck
wtd
 
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happy&lucky

Guest
the carpet will be tricky, but did you have pets?

No pets,no smoking... no damages

You were not there much, show the judge that.

They just want to get you for something, and the carpet is something.

let them prove how old the carpet is and the reciepts for the new one

did you do a move in report?

did you take any pictures/ video?

they are just nasty people... thats all

PS......YOU must take some time off from work once in awhile to do some personal things LIKE HAND THEM THE RENT, OR YOUR NOTICE TO MOVE..

YOU could have called in sick once in a while, or call in late even had car problems just to hand the rent to them. Take a half a day off to see a dentist and deliver the rent...

If you did you wouldnt be in this mess...
 
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