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    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
    Junior Member
     
    #1

    Sep 19, 2006, 11:48 AM
    Rental Lease Agreement
    My roommate and I recently rented an apartment. We are already having some problems with the lessor.

    Upon signing the lease agreement, the leasing consultant was in a big hurry to get us through all the paperwork. She did not verbally go over all the items in the lease agreement. We were very tired from a roadtrip, so we gladly signed the lease agreement just so we could get a good nights rest at our new apartment.

    The first problem was the leasing consultant did not tell us we had to transfer the electric bill to our name. This was a problem because they just gave us our bill, and it was very high. Although it was the first bill they received, the consultant never told us anything. She didn't even tell us what company metered electricity for our apartment.

    The second problem is the electric company wants over a $200 deposit just to transfer the bill into our name. I told the apartment manager we didn't want to do that, but we would pay the bill which we have. If the property owner does not want to work out an agreement, do I have the right not to transfer the bill into my name? I know they may say we our in breach of contract, so if they terminated our agreement it would be on their part. I'd like to know the best course of action.

    The manager also said we're responsible for rent until the end of the 6 month lease agreement. This was another article that the leasing consultant did not go over with us. We do not feel we should pay for the rent until the lease expires.

    I feel we were deceived because they did not tell us anything, they simply wanted us to sign the lease agreement. I did read the contract, but shouldn't they be obligated to tell us these things before we sign?

    Is there anything we can do to avoid paying the remainder of the lease when we vacate the apartment?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Sep 19, 2006, 12:02 PM
    First, They are not responsible for anything more than giving you a copy of the lease. Its your responsibility to read the lease and ask any questions.
    However, if the lease doesn't say anyting about transferring the electric, then they DID have a responsibility to advise you of that. You need to check on the period for the bill. Its it covers a time before you moved in, they you should only pay a pro-rated portion (total bill/# of days * # of days you occupied).

    If the electric company's standard policy is a $200 deposit, then you have to pay it.

    I'm not clear on this 6 month thing. If you signed a lease and you vacate before the lease is up, then you are responsible for the balance of the lease. The lessor needs to make a good faith effort to find another tenant and, if they do, then your obligation ends, they can't double dip.

    It would have probably been cheaper for you to spend the night in a motel and not sign anything until you were clear headed enough to read it.

    BTW, since L/T laws vary from area to area it would help if you let us know where the apartment is.
    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
    Junior Member
     
    #3

    Sep 19, 2006, 03:53 PM
    Scott,

    On the electric bill, they paid the portion of the bill before I moved in. But, they DID NOT advise me to transfer the bill into my name, nor does it tell me that on the lease agreement.

    On the least itself, it's for 6 months, then month to month. I already planned to move out on Dec. 15. The 6 months is up on Jan 31. I gave them notice of vacancy today so that's well over 60 days.

    However, the manager told me I have to pay the remainder of the lease agreement, even if they can't find someone to move in by the time I am gone. I figured they are responsible for finding someone else to move in. The manager also mumbled that statement under her breath, so I had to ask her about that a second time. I was very suspicious of her. I believe she is trying to pull a fast one, and "double dip". I say this because when I move out on Dec. 15, and they make me pay until Jan. 31, they could get someone in on Dec. 20 or sooner. So they would be double dipping.

    I researched some Carolina apartment laws and it says I am not responsible for payment unless I do not give 60 days notice. No where in the lease agreement does it state specifically, word for word, that I must pay the remaining portion of the rent until the lease expires. There is only a statement in bold that says I must give them 60 days notice prior to moving out. However, if I don't pay, I am quite sure they will attempt to take legal action against me if they do not find someone to move in.

    I am in North Carolina. I checked up on North Carolina state law, and it states the tenant is not responsible for rent unless they abandon the apartment. That is not the case.

    Today, I had them print out a notice to vacate the apartment. So they have plenty of time to find someone to move in. I did not sign it yet because on the notice it states I am liable for the remainder of the rent.

    Do I have a good defense should the property manager try to sue me, or damage my credit?

    What is the best course of action to take considering I have some time left, and can't move until Dec. 15? I don't want to alert them to take immediate action. I think I got in a bad deal.

    Regards,

    Dan
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #4

    Sep 19, 2006, 06:03 PM
    I never tell any of my tenants that they have to get electric or what electric company does it, and I would have no idea what the deposit is, since it varys with a persons credit where we live.

    When I rent a house or apartment, we never include electric, if we include water or trash, it would be specificly listed on the lease,

    We are not obligated to tell them and it is common procdeure here, for electric to be the obligation of the rentor. There are almost no apartments of houses here that includes electric, unless it is merely a rented room.

    I thnk you are confusing state law in NC, there are only a few ways to move out, one is with notice, but you can not give notice on a 6 month lease unless you meet a specific term of the lease to allow you to give notice. So they can merely refuse your notice because you have no grounds, and if you move out it will still be an abandonment since you did not have grounds to break the lease.

    You can break a lease if the apartment is not livable.

    Also you can break a lease by mutual concent

    I am in the middle of my real estate licence court and the chapters we did last night was on rental and leases.

    So believe me what they are asking is normal and the judge will not understand why you are trying to break this lease. And he will hold you liable for the lease.
    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
    Junior Member
     
    #5

    Sep 19, 2006, 08:14 PM
    I applied at college out-of-state, and winter quarter starts on Jan. 3. The lease expires Jan. 31, but I need to get to the college in time to coordinate with a counselor, adjust my schedule, etc.

    Would this be acceptable as mutual grounds for giving them notice of vacancy more than 60 days prior to the end of the lease agreement?

    Regards,

    Dan
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #6

    Sep 20, 2006, 06:28 AM
    First on the utilities issue. I think it was neglect on the part of the apartment manager to not inform you that you were responsible for transferring the electric. But is that neglect actionable in any way? I don't think so. If you were told you would be responsible for electricity, it was up to you to find out what needed to be done.

    On your responsibility for the lease. Generally a renter is responsible for the terms of the lease. Vacating before the lease expires is breaking the lease. You contracted to live there and pay rent until Jan 31. Giving notice is just to give the landlord time to re rent, it doesn't absolve you of the terms of the lease. As long as the landlord makes a good faith effort to rent the apartment, they can hold you responsible until 1/31, if they don't rent it. However, if they do, then you are off the hook.
    DanPatrick10's Avatar
    DanPatrick10 Posts: 134, Reputation: 5
    Junior Member
     
    #7

    Sep 20, 2006, 10:01 AM
    Thank you for your help. The manager said she would try to find someone else to move in, but she didn't say it with much motivation or sincererity. You can imagine that's not very comforting since I've given them plenty of time to find someone else.

    Hopefully everything will work out OK.

    Regards,

    Dan
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #8

    Sep 20, 2006, 10:42 AM
    Ask what they have done to re rent the apartment. It would only be double dipping if they rented it to someone else and also charged you. However, they might be trying to get paid while the apartment is vacant so they can fix it up some.

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