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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38188
Experience:  16 years real estate, Realtor. Landlord 26 years
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I am actually have to find out if I am obligated to pay

Customer Question

Hi, I am actually have to find out if I am obligated to pay another month's rent when I gave my apartment complex manager more than 60 days notice. She told me yesterday that my letter was not valid because I did not finalize whether I was going to stay or not. But because I never gave them an answer I thought that my previous letter was standing. But because I told them Monday them Tuesday that I was moving out and that I needed to extend my stay by 10 days, they are charging me for the entire month.
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: North Carolina
JA: Have you talked to a lawyer yet?
Customer: No
JA: Anything else you think the lawyer should know?
Customer: I have never been late on any payments, and I don't complain about anything, unless it's something they should know about
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney whowill try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Expert:  Barrister replied 1 year ago.

Can you give me a little more info about the sequence of events here..

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Your lease was coming to an end and you gave them some type of notice but weren't clear about whether you were terminating or not?

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Then you asked to be able to stay past the end of the 60 day notice?

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If you can kind of give me a timeline, it will help me figure out what is going on and what your options are..

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thansk

Barrister

Customer: replied 1 year ago.
Thank you very much. I am only asking because I want to know why I was told that I had to pay for an entire month instead of for 10 days.
Expert:  Barrister replied 1 year ago.

Ok, did you stay on after the 60 day notice expired into a new month?

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thanks

Barrister

Expert:  Barrister replied 1 year ago.

If you stayed past the 60 day notice into a new month, then you basically entered into a new month to month tenancy as a holdover tenant and they could charge for an entire month as they don't charge by the day or by the week and the rent is due in full on the due date.

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With that said, if they rented the property within that next month during the remaining 20 days, then they could only charge you for any actual lost rent. They can't "double dip" and charge both you and a new tenant.

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Have to step out of office for a bit but will check back in in about an hour.

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thanks

Barrister

Customer: replied 1 year ago.
My lease expures Saturday. We are required to give notice in 60 if we are leaving. I gave them notice May 26 when they put a letter in my door telling me my rent was going from 1355 to 1409. The management called me and asked if they could work something out, would I stay. I said I don't know because we ate already paying more than the people moving in who are getting the same apartment. I went into the office twice to inquire about the new rental agreement, and no one would or couldn't give me an answer. They just kept saying Check your email. After asking a third time, I figured that my rent was going to stay at 1400. We started looking for alternative living arrangements that we could afford knowing I have a letter of departure in with the management. When we got a place finalized, I asked the office how much would it be to stay 10 days beyond our expired lease. She told me that my previous letter was not valid because we had talked about us staying, and that I would have to pay for the entire month. She had me sign a 30 notice of departure in order to stay just 10 days, and in turn I have to pay for the whole month
Expert:  Barrister replied 1 year ago.

Ok, I would dispute that the 60 day notice was ineffective because unless you revoked that notice, it stands. But if you stayed past the 60 day expiration, you are a holdover tenant my comments above apply about them being able to charge for an entire month's rent, but have to refund if they rent it out within the 20 days remaining in the month after you vacated.

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thanks

Barrister