Apartment Legal Question

[Gmanc711]

Originally Posted by CRedskinsRule

just parsing terms - where they stated:
"...If you fail to provide us with the required notice and you move out anyway, then the Lease term will be automatically..."

They may claim that their form is the required notice, do you remember if they gave you a copy of it when you moved in?

not a lawyer though, and like JR said, having a lawyer send a notice may be enough.

Good Luck.

No clue if they gave us one when we moved in. I don't think so, but I'm not sure. I looked through everything I signed (and they signed) and nothing stated what the written notice needed to be.

In the grand scheme of things, we're not talking about a boatload of money, about $400. The principle of it is well beyond me though, I feel like I'm getting robbed.

[mredskins]

Originally Posted by CRedskinsRule

just parsing terms - where they stated:
"...If you fail to provide us with the required notice and you move out anyway, then the Lease term will be automatically..."

They may claim that their form is the required notice, do you remember if they gave you a copy of it when you moved in?

not a lawyer though, and like JR said, having a lawyer send a notice may be enough.

Good Luck.

I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.

[MTK]

Originally Posted by mredskins

I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.

Or just be a royal pain in their ass.

Squeaky wheel gets the grease.

[Gmanc711]

Originally Posted by mredskins

I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.

Yeah this is where we're going to battle. My thing is just going back to the Lease which is the only thing all parties signed, and I complied with everything there....

We'll see, appreciate the feedback though..

[mredskins]

Originally Posted by Gmanc711

No clue if they gave us one when we moved in. I don't think so, but I'm not sure. I looked through everything I signed (and they signed) and nothing stated what the written notice needed to be.

In the grand scheme of things, we're not talking about a boatload of money, about $400. The principle of it is well beyond me though, I feel like I'm getting robbed.

$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.

[mredskins]

Originally Posted by Mattyk

Or just be a royal pain in their ass.

Squeaky wheel gets the grease.

Problem is he doesn't have a leg stand on. They are done with me. Not a lot of repeat business in the rental business.

[Gmanc711]

Originally Posted by mredskins

$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.

$400 means more to some than others...

[mredskins]

Originally Posted by Gmanc711

Yeah this is where we're going to battle. My thing is just going back to the Lease which is the only thing all parties signed, and I complied with everything there....

We'll see, appreciate the feedback though..

Accept and I assuming they told you in the email you sent you need to fill out this form to make it official.

You are at part if not at all at fault for not signing their form and giving it to them prior to the 60 days.

[mredskins]

Originally Posted by Gmanc711

$400 means more to some than others...

Well if $400 meant that much to me I damn make sure they had their form filled out prior to the 60 days. Just sayn'

[FRPLG]

Originally Posted by mredskins

I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.

I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).

[FRPLG]

Originally Posted by mredskins

$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.

Their "rules" have to be documented contractually. Otherwise "rules" are more just guidelines and when guidelines get enforced as rules by a company it is almost always to the detriment of the consumer. Hence the need for black and white and not gray.

[Gmanc711]

Originally Posted by FRPLG

I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).

That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.

[mredskins]

Originally Posted by FRPLG

I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).

True, I still think he dropped the ball by not getting the their letter their by 60 days and the way the Property Mgr is acting by not refunding it he probably doesn't have a leg stand on here. I am sure the rental company has been through this before.

[mredskins]

Originally Posted by Gmanc711

That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.

Again why didn't you just give them the darn form they requested prior to the 60 days??? Do you not see any fault on your part.


Would have saved 400 bucks and a big headache.

[FRPLG]

Originally Posted by Gmanc711

That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.

The only legal leg they have to stand on is the lease. In fact that is what they are trying to do. If they did not specify in the lease exactly what form then it is open to interpretation...but not JUST theirs. As you implied there is no documented legal contract requiring you to fill said form. The fact that they acknowledged your e-mail is sort of damning. They'd have been better off just saying they never got it. FD's question about email constituting "written notice" is a good one though. Perhaps in MD it isn't enough...although I'd be a little surpirsed.

Where the hell is Joe?