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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Can a rental company make you stay an extra month after

Customer Question

can a rental company make you stay an extra month after legal binding lease is up after required time because you didn't put in proper notice after I told them email and even got lock out of there portal
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Loren replied 11 months ago.

Good evening. I am Loren, a licensed attorney, and I look forward to assisting you.

Expert:  Loren replied 11 months ago.

Was the notice and method provided for in your lease?

Customer: replied 11 months ago.
my legal contract no but there policy yes
Expert:  Loren replied 11 months ago.

There is no notice required in the written lease? If that is the case, what is the notice for, that they say you have not given?

Customer: replied 11 months ago.
a 60 day notice was in a packet that we signed off on but we sent them emails, told the verbally and on there tenant portal we were leaving on march 31 but they say that we didn't give them proper notice and we have to stay another month can they make us stay another month and how do I fight it..
Customer: replied 11 months ago.
but it is not in our lease
Expert:  Loren replied 11 months ago.

Did you sign a rider or amendment agreeing to give notice of non-renewal?

Customer: replied 11 months ago.
no
Customer: replied 11 months ago.
what is a rider
Expert:  Loren replied 11 months ago.

An exhibit to the contract containing additional terms which you sign and make a part of the contract.

Customer: replied 11 months ago.
DONT KNOW
Expert:  Loren replied 11 months ago.

Ok. If the notice is not contained in the lease or it is not something you signed to make it a part of the lease then they can not enforce it.

Customer: replied 11 months ago.
I JUST SIGNED MY LEASE WHICH WAS MARCH 31 2016 AND OTHER PAPERWORK
Expert:  Loren replied 11 months ago.

If you agreed to give notice (and signed the agreement to provide notice) then they can hold you to pay rent for the notice period, if it was missed or you did not use the agreed method to give notice.

However, they can not hold you prisoner in the apartment if you want to leave..

Customer: replied 11 months ago.
the Agency wants to talk to my lawyer what should I do
Expert:  Loren replied 11 months ago.

Tell your lawyer to call them.

Customer: replied 11 months ago.
I don't have one
Expert:  Loren replied 11 months ago.

If the notice requirement is not in the lease they are going to have a problem enforcing it.

Tell them you do not have an attorney and demand they show you where in your signed lease the obligation is created.

Customer: replied 11 months ago.
OK
Expert:  Loren replied 11 months ago.

Did you have further questions? Have I answered your question?

Expert:  Loren replied 11 months ago.

If you have no further questions, and have not yet done so, please remember to leave a favorable rating (Excellent or Good) so that I am credited for assisting you. A bonus is not required, but is always appreciated.

Customer: replied 11 months ago.
I WOULD LIKE FOR YOU TO LOOK AT THE INFO
Expert:  Loren replied 11 months ago.

What info (and please release the cap lock)?

Customer: replied 11 months ago.
the lease and the paper I signed
Customer: replied 11 months ago.
can I email it to you
Expert:  Loren replied 11 months ago.

Upload it here. How many pages is it?

Customer: replied 11 months ago.
I don't have it with it is at home
Expert:  Loren replied 11 months ago.

Can you upload it here?

Customer: replied 11 months ago.
I don't have it with me and I don't thinkso
Customer: replied 11 months ago.
can I come back and do it
Expert:  Loren replied 11 months ago.

Sure.

Customer: replied 11 months ago.
ok will do
Expert:  Loren replied 11 months ago.

I'll be here.

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