Thousands of verified Experts are ready to answer your specific questions 24/7.
Satisfaction is guaranteed and you pay your Expert only if you are satisfied.
Just type your detailed question and click "Get an Answer."
In minutes you'll get a response from an Expert. You can always ask follow-up questions.
Happy with your answer? Just click "Accept" to pay your Expert.
I sent a letter (and they received it) that I was moving out of an apartment complex in September 2008. Told them I would be out by The end of November. My daughter stayed in the apartment and the complex never made her sign a new lease. Now, in 2009, the apartment complex is telling me I am responsible for the apartment. They never received anything from me stating I was staying. Is this true? Am I still responsible?
Thank you for your question.
You would only be responsible at most for the rent for the remainder of your lease after November 2008 until the lease expired. Most lease agreements have a penalty provision for early termination. However, if the apartment is re-leased (as it was in the case, although not with a formal lease), the landlord cannot collect double rent, and must seek rent from the person currently renting the apartment.
Your problem would be proving that the landlord received your notification that you were vacating. If you sent the notice certified mail, your return receipt would be proof.
The apartment complex did receive my letter as i had them make me a copy from the file. They are saying that because I knew my daughter did not move out, that I am responsible. I don't agree. They received my letter saying I was moving. They should have done a new contract/lease without my name and they didn't. I think they are negligent and I am not responsible. My daughter is about to get evicted and they are telling me I am responsible for the rent and breaking the lease. I need to know if I am!
Was your daughter's name on the original lease that you signed?
Yes
In that case, it depends when that lease expired. You can be held responsible for the entire term of the lease if the landord never agreed to let you out of that lease. After expiration of the lease, your daughter is solely responsible for any unpaid rent.
The original lease was signed in 2006 and automatically renewed unless you gave 30 days notice that you were moving. I did that before the lease expired (after one automatic renewal) in 2008 (lease expired in November). I never told them I was not leaving. I told them I was moving out. Should they not of done a new lease without me. Are you telling me "I am responsible?"
No, you are not responsible if the lease terminated and you gave the proper notice of your intent to vacate, as it appears you did. It is up to the landlord to enter into a new lease with any tenant who wishes to remain.
Lawyer
General practice experience in many areas of law