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DarkAJ · Jul 21, 2008, 02:13 PM

I live in Florida. I signed a 1 year lease (ends on Aug 1st) with the following terms:

60 written notice to terminate lease
If no party provides intent the lease shall convert to month to month at an increase to market value(currently $500 more then I currently pay) + 10%(not to exceed 250)

So here's my problem. We weren't going to renew because of parking issues with other tenants. They agreed to place a no parking sign in front of our unit. Within a week or so. This was on the day we needed to give notice. We agreed. We never got it in writing though (I know bad on my part). They said they'd send me a copy of the new one year lease. To sign by Monday (meeting occurred on a Friday).

So it's now less then 2 weeks before my end of my 1 year lease and I've not only not received my new lease to sign (never signed a new one, just agreed verbally if conditions where met) but the parking sign has not materialized and we have reported the tenants repeatedly and nothing has been done. Can I refuse to sign the lease if they provide it? And then give notice? They are offering our unit currently for less then what we pay, how can they charge me $500 more for market value? How do I dispute this?

progunr · Jul 21, 2008, 03:07 PM

They can only charge you more, if you agree to it.

You can find a different place to live, and tell them to put their "market value" where the sun don't shine.

DarkAJ · Jul 21, 2008, 05:41 PM

Originally Posted by progunr

They can only charge you more, if you agree to it.

You can find a different place to live, and tell them to put their "market value" where the sun don't shine.

I'd love to, but as I stated. In the original 1 yr lease from last July I signed had a clause in there for charging me market value + 10% for month to month lease. So it sounds like I'm stuck paying an extra $700 a month for several months or wait another year then move out. :mad:

So far my move to Florida has been nothing but a horrible experience.

froggy7 · Jul 21, 2008, 07:57 PM

Unfortunately, any way I see it you are stuck there for another 60 days, minimum, since you didn't give notice. You may go to the office and say you want to sign another year lease, and they will probably whip one out for you.

DarkAJ · Jul 21, 2008, 08:49 PM

Originally Posted by froggy7

Unfortunately, any way I see it you are stuck there for another 60 days, minimum, since you didn't give notice. You may go to the office and say you want to sign another year lease, and they will probably whip one out for you.

That's part of the problem. We agreed to sign on for an 11 month lease. But they haven't given it to us to sign. I went back two weeks after we agreed to sign the new lease and they insisted it was stuck in our door 3 days after we were in the office originally.

I've been back weekly since then and they keep telling me it will be sent to me the next day or two. I'm getting the feeling they are planning on making me month to month to get the extra $500+ out of me figuring I'll just walk.

I've been a pain for them (rightfully so) for months now complaining about other tenants and there guests blocking my drive way. I've done some research on where we live (wish I'd done it 2 months ago) and this seems to be business as usual for them. They promise the world to get you to sign the lease and then simply ignore you for the people that buy the units.

Looks like I got some decisions to make. Thanks for the advice and listening.

rockinmommy · Jul 23, 2008, 07:01 AM

You said the lease converts to month-to-month at the current market rate + 10%

Then you also said that they're advertising your apartment for less than you're paying.

So it sounds to me like the "current market rent" is what they're advertising it for. I'd take a copy of their advertisement, a written 60 day notice, and go in an talk to them again.

Do you WANT to stay, if they could and would get the parking problem resolved? If you're willing to renew and they can't even produce a lease for you to sign I'd think upper management would be interested in this. Yes, you may have been a pain in the keester recently for the employees who have had to deal with you, but believe me, if I had a good, paying tenant who wanted to sign a new lease and couldn't get the paperwork I'd want to know about it!