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30 day notice on a form supplied by management

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  • 04-14-2005, 03:16 AM
    rwilson
    30 day notice on a form supplied by management
    My lease had a clause that stated an automatic conversion to month-to-month at the end of the first six-month term. Another clause stated that notice to vacate must be given 30 days in advance on a form provided by management.

    One month prior to the end of my six-month lease, I chose to provide my notice to vacate on a post-it note firmly attached to my rent check. On the morning of the first day of a 31-day month (lease expired at the end of that month), I dropped my check into the rent collection box.

    About 1.5 months after I moved out, I got a bill for several thousand dollars. Apparently I was tagged for not providing notice and "skipping." Besides the extra month rent, an additional two months rent was charged as a lease termination fee.

    Obviously, I overlooked the clause that required notice to be given on a form provided by management. And yes, my judgement in providing notice by way of a post-it note was questionable.

    But did I not meet the heart of the lease requirement? I've experimented with post-its on checks and I dare anyone to plausibly argue that it could have fallen off. No way. Rather, I believe it was simply mishandled by one of the ditzy leasing associates. Further, I signed that post-it. So even if it did fall off, someone could have easily checked the lease records.

    Anyone care to comment on what my chances are if I have to defend myself in front of a judge? I've offered the collections agency a few hundred dollars to settle, but they're playing hardball.

    Thanks!
  • 04-14-2005, 09:37 AM
    aaron
    Termination of Lease
    If they are admitting that they received the termination notice, but are arguing that it was in improper form, you do have a decent claim that you complied with the essential requirements of the lease. If they deny receiving the post-it note, you would have a harder time making that claim - as you would have to somehow convince a court that they did receive it despite their denials. (The "if it fell off, they could have compared it to all of the signatures in their files" argument is probably not going to fly in court - that's a lot of work to figure out who submitted an improper notice, assuming it was even processed and not simply swept up as trash.)

    It is not clear upon what basis they are tacking on two months rent. First, if you only have to give one month's notice, it seems per se unreasonable to attach a two month penalty to improper notice to quit. Second, if they had a tenant in place during that time, they're effectively trying to double-dip.
  • 04-14-2005, 11:13 AM
    rwilson
    Their claim is that they received nothing, no notice whatsoever. I would infer that they were indeed unaware I was leaving, based on the fact that I heard nothing from them until a full month after I left. Apparently it took them that long to decide to enter the apartment.

    (I have to infer because neither the property manager nor the collections agency has been willing to engage in written dialogue with me. Perhaps an indication that they're aware of the dubious nature of their claim?)

    The signature on the post-it was actually a printed signature -- quite legible. I don't believe I'd actually make this part of my argument, because I strongly believe that the "it fell of" assertion is bolgna. I'll bring a check and post-it into court to illustrate how much jostling it can take without falling off.

    The extra two months charge is based on a clause that says any improper termination of the lease will result in a "lease termination fee" equal to two months' rent. So that's legit, however I will have to do some research to determine how quickly they rented the apartment. I believe the property manager has an obligation to mitigate his losses.

    It would appear that this will simply boil down to the kind of judge I get (liberal or conservative) and my appearance of credibility (which I have plenty of confidence in). I say I gave them notice in a perfectly reasonable way, they say they didn't get it. How will the judge treat the "on a form supplied by management" clause? I think it's bogus, but will the judge agree?
  • 04-14-2005, 11:29 AM
    aaron
    Quote:

    Quoting rwilson
    How will the judge treat the "on a form supplied by management" clause? I think it's bogus, but will the judge agree?

    Given that they deny receiving the notice, and you admit that you did not use the designated form, that requirement may carry some weight. But the fundamental issue is whether or not they received notice.
  • 04-25-2005, 03:21 PM
    locke999
    rentals
    hi

    just a passing thought

    you say collection agency?if they have no "default" from a court a collection agency will not handle it. first the landlord has to sue in court and then proceed. back rent from a tenant who has moved out is impossible to collect.

    we have thousands of dollars due WITH a "default",and we have collected

    NOTHING.. forget it.

    moke
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