Notice of Lease Expiration

Taximes

I'll try to make this as short as possible: basically, I'm doing a temporary work assignment from January - May for which I leased an apartment. I am positive that I explained this situation clearly (i.e., the fact that I would be leaving in May) when setting everything up initially. However, this is a big apartment complex, so they may not remember me on an individual basis and I'm not sure what records exist.

Yesterday, I received a letter in the mail about how my lease was set to expire on May 31st, giving me the option of renewing it. If no action is taken, the lease automatically turns into a month-by-month setup with a 10% increase in the rent. The letter also "reminded" me that 60 days written notice was required prior to terminating the lease/vacating the apartment.

When I received the letter, there were already only 45 days left until the lease expires. I made sure to drop off a written notice ASAP, but I'm wondering what I might be in for now since I missed the 60 day mark. I realize that I can't blame this on anyone but myself - the 60 days thing has clearly been in my lease all along (I checked), but for some reason I was thinking it was 30 days notice. In fact, looking it up online, it seems that 30 days notice might be the law or at least the convention in my state (Ohio). Do they have the authority to change that in the lease?

What is the absolute worst case scenario here? I don't get my security deposit back? The lease says that a tenant who breaks the lease may be subject to a $200 fee for re-listing the apartment, so could they consider my late notice as breaking the lease? Could they hold me liable for an extra months rent on the month-to-month policy?

I know I just need talk to them, so I'm just trying to get a grasp on things here and vent a little bit since I can't call them at the moment. Hopefully, since I let them know everything upfront, that was essentially a 5-months notice. They actually reworked the lease from 6 months to 5 months and had me resign it, so I at least think it was pretty clear that I was going to be leaving in May.

noir_blood

Look at your contract.

Taximes

Taximes wrote: »

the 60 days thing has clearly been in my lease all along (I checked)

I did, and I admitted that I fucked up by thinking it was 30 days. Now I'm trying to find out if they're likely to charge me out the ass in every way possible ($100 security deposit, $200 fee, $800 for another month's rent) or if I can get them to let it slide since I gave them the details upfront.

underdonk

Try "ipconfig /renew".

urahonky

I'd assume that it would be the month's rent. I don't think it'd be the month's rent AND security deposit. If you talk to them level-headed and apologize and everything they might give you a break. Also note that you got the notice 45 days till the lease expires so there would be no possible way for you to have done that 60 days in advance.

Dr. Frenchenstein

go talk to them ASAP. hopefully they will be ok with you doing this. It's really contingent on them not being dicks. Technically, they can hold you to an extra month if they really wanted to. i've never met a management company that wasn't a bit reasonable on stuff like this.

illig

read the lease.... in NY, the standard lease states that you must receive renewal documents at least 60 days prior to the lease expiration... if that phrase appears on yours, it means the landlord broke the lease, and you are no longer held to the 60 days notice requirement

RUNN1NGMAN

illig wrote: »

read the lease.... in NY, the standard lease states that you must receive renewal documents at least 60 days prior to the lease expiration... if that phrase appears on yours, it means the landlord broke the lease, and you are no longer held to the 60 days notice requirement

The doctrine of independent covenants disagrees.

The LandoStander

I had this issue a few years ago when I was moving out of my apartment in Columbus OH. By the time my wife and I moved out we'd already gone off of our lease and were going month to month, but the 60 day thing still applied, and we were about a week or two off of the 60 day notice as well. They wound up just charging us a pro-rated two weeks, such that it made up for the days we were late on the notification.

So I think it'll vary from place to place, and there are laws about notification of lease renewals. However as I recall from some work I did with a community management office the Ohio law is either 45 days notice or 30 days notice for lease expiration (I want to say 30 though) so it sounds like the apartment complex management folks did their part correctly. Just see what you can work out and be as calm and polite about it as possible.

Djeet

Worst-case scenario is you have to pay June rent at the month-to-month rate regardless of if you choose to occupy the residence or not. You would not have broken the lease and you should still get your security deposit back. If you communicate well and management's cool they may just prorate the rent like in LandoStander's case.

Taximes

Good News Everyone!

I spoke with the leasing agent, and after a bit of finagling, she got her manager to accept the 45 days notice as sufficient without even so much as the pro-rating. Needless to say, I am very pleased. This is even better than the best case scenario, which I had considered to be the pro-rating. :P

I let them know that I could be coming back for another work study at the end of the year, and that my decision to lease with them again would strongly rest on how willing they were to work with me. So, I think they realized that another 5 months rent >> 1 months rent/some prorated rent. Plus, word gets around with us...I was referred to them by another student from my university, and I had already referred another student to them myself.

Thanks for your advice, everyone. Feel free to lock the thread mods, just wanted to give everyone an update.