Results 1 to 3 of 3

Hybrid View

  1. #1

    Default Pursued for Damages After Moving Out Without Notice

    My question involves landlord-tenant law in the State of: Iowa

    Okay, so I left Iowa for Arkansas in 2007. I did not give notice to my rental agency--I just forgot. It was stupid and trust me, that will NEVER happen again. My roommate and I both had our names on the lease that I was under when I left and that least had been signed by both of us.

    Six months ago, I discovered I had a collection on me and my roommate from the rental agency. I have been in contact with them, and they sent me all the information in my file. There is a second contract, which was NOT signed by myself or my roommate. There is a clause in both that say that notice must be made to the rental agency when one or both parties will be leaving. This, as I mentioned before, I did not do. I believe they are holding us both responsible for the damages to the apartment under this second lease.

    I believe there is a month to month clause stating if monies for rent are given without a signed contract, the contract goes month to month and I have NO IDEA what that entails.

    I am thinking that I don't legally owe money based on the unsigned lease, but I am also thinking that since I didn't give notice like I should have, I probably do owe the money.

    Also, the rental agency always sent letters to us under my roommate's name and then my name in the address, therefore when he moved out, they got only forwarded to him. Is this normal practice? Believe me, if I had known they were looking for money from me for the last two years, I would have taken care of the issue much sooner than this.

    Can anyone sort this out for me? I will pay the money, obviously, if I owe it, but I am not sure I do.

    Thanks!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Pursued for Damages After Moving Out Without Notice

    I don't know what you did or did not sign, and I can't read the lease from here, and don't know the deal with the "second contract" - when or why it was proffered, or what it says. If you figure out the facts, fill us in.

    If you are stating that you resided in the unit past the end of the initial lease term and that you were paying rent on a month-to-month basis, you established a month-to-month tenancy even if you signed nothing. Also, you may orally agree to a binding lease of not more than one year.

    Presumably the landlord had your roommate's post-occupancy address, but in addition to moving out without notice you failed to inform them where you could be reached. Thus they sent notices to the address you had. But you're putting us in the position of guessing.

    We also don't know how much money they're requesting, or the basis for their request (other than, I guess, some rent owed).

  3. #3

    Default Re: Pursued for Damages After Moving Out Without Notice

    Sorry about being vague--I just wasn't sure what I could and couldn't post on here. I can scan the contract and post it as an attachment if that would be helpful. The contracts are identical in every way except for the dates and the fact that the second contract is not signed by myself or my roommate.

    I moved out before the end of the first least contract. My roommate said that he would take over paying the rent.

    He continued to live there and apparently started to just continue to pay rent, thus making it go month to month. I wasn't aware oral agreements as far as leases could be legal, but again, what do I know?

    I am making a stink about the letter being sent addressed to my roommate and I with his name first because at every apartment I lived in before, letters were sent to each individual roommate on the lease at the address we were occupying. There was only ONE letter sent, and the first name on it was my roommate's, not mine. I realize I made a mistake by NOT giving notice and not giving them a forwarding address, and I am willing to make up for that mistake by paying what is due.

    The charges are for damages to the apartment which occurred while I was living there and after, but they were all damages that my roommate should have been responsible for (his pets caused 90% of the damage). The breakdown of the charges did NOT include any additional rent. It was all damages. It was close to $1500 originally, but in the time between the charges were rendered and I found out about it, there is about $700 left to pay off.

    Hope this helps and thank you for your time. If posting an attachment of the lease would be helpful, I will do that later today.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Landlord Trying to Collect for Damages 2 Months After Moving
    By Glendale in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-03-2011, 06:57 AM
  2. Rental Agreements: Moving Out Without 60 Day Notice
    By first_time_offender in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 11-03-2010, 04:56 PM
  3. Retail Fraud / Shoplifting: Notice for Recovering Civil Monetary Damages, Penalties
    By lasthope in forum Criminal Charges
    Replies: 1
    Last Post: 05-27-2010, 06:51 AM
  4. Security Deposits: Late Notice of Damages, Withheld Security Deposit
    By stereotypethat in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 09-14-2008, 04:22 PM
  5. Giving Notice: Moving out without 30 day notice
    By tiffavila in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 10-26-2005, 10:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources