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david.n · Oct 15, 2010, 03:20 PM

My contract states that I must give a 60 day notice for moving out. I did give them the 60 day notice that they asked for. 3 weeks later I talked with the leasing agent again and they wanted to know what they could do to keep me there. We went back and forth talking over the phone a few times about different rental rates, and I Did verbally agree that I would resign my lease for another 6 month term. This is what was said: rent would be 740$ a month for 6 months and I would be entered into a drawing for a cruise when I resigned the lease. So I went back into the office today, 30 days before my lease is up and told them that I would not like to stay here anymore and what are the next steps in the process for leaving. The leasing agents response was: "well we already had an agreement for your new lease term and your verbal response is binding. What she also said was that if I did want to move out, I would have to give Another 60 day notice from today and that I would have to pay the regular market rate for the extra month that I would be staying.

My question is, Does my verbal agreement to resign the lease for another 6 month term hold any weight at all? I am thinking that if its not in writing than it shouldn't be held true. Can anyone help me out?

david.n · Oct 15, 2010, 03:23 PM

My lease contract also states that a VERBAL notice to leave the apartment complex is Not Binding, it Must be in writing. That being said why would a verbal notice to resign Be Binding?

cdad · Oct 15, 2010, 03:26 PM

Since you have had more then one conversation and you did negotiate a new term then yes its binding at this time. In effect when you agreed to sign on for 6 more months you recinded your notice for leaving.

You are aware of what has happened and they can make it stick. So either give another notice to vacate in the 60 day time frame or stay for another 6 months.

AK lawyer · Oct 15, 2010, 03:34 PM

Originally Posted by david.n

my lease contract also states that a VERBAL notice to leave the apartment complex is Not Binding, it Must be in writing. That being said why would a verbal notice to resign Be Binding??

I suspect that the lease term controls. Your verbal commitment to re-lease the premises would not be enforceable.

BTW: use of the term release (without the hyphen) can be confusing. It suggests opposing concepts:

to enter into a lease, all over again
to "let go", or free a party from an otherwise binding agreement.

So I was a bit confused there when I was reading your question. Blame the English language. :)