Ask Me Help Desk - Charges for not giving 60 day notice (only 30 day)

Good afternoon,

I have a question to ask regarding move out charges.

State: Arizona
Complex: Apartment
Lease terms: 6 mo lease 11/06-04/07, month to month starting 05/01

I moved out and gave a 30 day notice. In the apartment agreement signed, they are saying that I need to give a 60 day notice regardless of the month to month or 6 month lease. I know that it is shown in writing in the agreement, but is there a state law that supersedes these requirements. I read somewhere that a month-to month does not require a 60 day notice. They knew in advance I would be moving out at the date specified and that was the reason I switched to the month to month lease. The agreement is as follows:

Option to renew/rent increase: At expiration of this lease, this lease will automatically renew on a month to month basis under the same terms and conditions unless the resident gives management a 60 day prior notice of residents intent to vacate by delivering a vacate notice. The rent may increase upon expiration date if a 30 day prior written notice of such an increase is provided to resident.

Move Out Charges: Resident must deliver a signed "vacate notice" at least 60 days prior to move out. Resident must fulfill the agreed upon terms of the rental agreement. The 60 day notice must be delivered to management at least 60 days prior to the lease agreements expiration. For rental agreements which are month to month, resident agrees to provide a 60 day notice to vacate 60 days prior to the periodic rental due date.

I am now being chased by creditors for this after the apartment complex never worked with me to resolve this before it went to the creditors. Now, after speaking with the creditors, they will not reduce the amount owed unless its above $1000. It is $972 and they will not budge one cent after I offered them more than half in one lump some to resolve the debt. Before I pay them in installments, are there ANY legal grounds to either get it reduced or have the apartment agreement superseded by a state law?

Thank you in advance for all your help,

D

From the Arizonia tenat law
" XI. Ending the Rental Relationship
a) When there is no dispute about rent being due:

If you are renting month-to-month, you must provide the landlord with written notice -- at least 30 days before your next payment would be due -- that you will be terminating the rental agreement.

If you are renting for a longer period you still may be required to provide the landlord with written notice of your intent to terminate the rental agreement. Carefully read the terms of any agreement to see what requirements apply to you.
"
You said you became month to month on 5/1, did you sign an agreement or just "become" month to month because the old lease exppired?

"...Name...social...for a term of 6 months and 0 days beginning November 1, 2006 and ending April 30, 2007, or this Agreement shall be month-to-month commencing on May 1, 2007 for an apartment..."

I don't remember signing a new lease, I'm pretty sure I signed up and let it "become" a month-to-month lease.

I assume this is not good news for me?

Thank you in advance for your input...

D

The state law says 30 days but if you signed anything that states a long period then it would be bad news. However, you did sign the old agreement which states "Option to renew/rent increase: At expiration of this lease, this lease will automatically renew on a month to month basis under the same terms and conditions unless the resident gives management a 60 day prior notice of residents intent to vacate by delivering a vacate notice. The rent may increase upon expiration date if a 30 day prior written notice of such an increase is provided to resident. " This would mean you agreed to a 60 day notice, sorry

Yeah, that is what I was NOT hoping for, but oh well. Thank you very much for your response. I really appreciate you taking the time to figure out the details of the problem and giving a crystal clear answer.

D

Two things. First, the law says at least 30 days. This means it can be longer. Second, generally when a lease expires with neither party terminating it, all the terms and conditions of the lease continue except for term and rental. So, since the lease specifically stated that "all the terms and conditions will continue", then you were required to give 60 days notice. That means, you owe them for one more month's rent.

Quote:

Originally Posted by deansonnow

I am now being chased by creditors for this after the apartment complex never worked with me to resolve this before it went to the creditors. Now, after speaking with the creditors, they will not reduce the amount owed unless its above $1000. It is $972 and they will not budge one cent after I offered them more than half in one lump some to resolve the debt. Before I pay them in installments, are there ANY legal grounds to either get it reduced or have the apartment agreement superseded by a state law?

Hello d:

While I tend to agree with my compatriots, I'm not so sure that your lease supersedes state law. As a matter of fact, if there's a conflict between what a lease says and what state law says, state law wins...

So, I think you'd have an EVEN chance of prevailing should this go to court. So, I'd call their bluff, and I would cease negotiations. I'd write them a letter citing the FDCPA, wherein you INSTRUCT them, pursuant to the Act, to cease any and all contact with you. Tell them further that if they damage your credit rating over this incident, you'll sue them. Send your letter certified, return receipt requested.

Their ONLY option at that point is to file suit. I'm not sure they would. And, if they do, go to court and show the judge the law.

excon

PS> I have some history in the Arizona JP courts.

Quote:

Originally Posted by excon

I'm not so sure that your lease supersedes state law. As a matter of fact, if there's a conflict between what a lease says and what state law says, state law wins...

But I don't see a conflict. If the law says "at least", then the lease can't require a notice less than 30 days, But it can have a longer period especially since, both parties signed the lease agreeing to its terms.

Quote:

Originally Posted by ScottGem

But I don't see a conflict. If the law says "at least", then the lease can't require a notice less than 30 days, But it can have a longer period especially since, both parties signed the lease agreeing to its terms.

Hello Scott:

I don't disagree with your assessment... I'm only giving odds on winning in Arizona where Justices of the Peace don't have to be lawyers, and most are not. You know 10 times more landlord/tenant law than they do...

excon