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twyc10 · Oct 10, 2010, 05:31 AM

Hello , long story short we gave 31 days notice that we were not renewing lease. But it turns out it was 60 days notice. Yes we are at fault but its our first apartment so this is all fairly new. But the Lady informed up that we would be charged Double Rent for not saying so earlier. Is that even legal ? And would that also mean the security deposit is going towards this ? I haven been trying to find information on this but I can't come across any

JudyKayTee · Oct 10, 2010, 06:04 AM

I have no idea what you mean by double rent. If you mean that you owe TWO MONTHS' RENT because you didn't give 60 days notice as required by your lease, yes, that is legal and according to the lease.

If you mean that your monthly rent is TWICE what it has been and you have to pay that amount, no, it is not legal.

If you are saying that you will owe the last month of your lease at the "old" rental rate PLUS one month at the "new" rental rate, it is impossible to know without reading the exact terms of your lease.

Security deposts are for damages only. Assuming you left/are leaving without any damage, that would be returned to you but it would not be subtracted from your rent.

twyc10 · Oct 10, 2010, 06:32 AM

Thank you and I did mean 2 months rent and when we requested a copy of the lease , we got it and it says for not giving 60 days "in addition to paying the rent through through the end of the lease term, Resident also shall be liable for liquidated damages in an amount equal to 1 months rent." so how is she telling us we will be charged for 2 months if the lease says 1 ?

JudyKayTee · Oct 10, 2010, 06:40 AM

Originally Posted by twyc10

thank you and I did mean 2 months rent and when we requested a copy of the lease , we got it and it says for not giving 60 days "in addition to paying the rent through through the end of the lease term, Resident also shall be liable for liquidated damages in an amount equal to 1 months rent." so how is she telling us we will be charged for 2 months if the lease says 1 ?

Read it again - IN ADDITION to paying rent through the end of the lease [you] will also be responsible for an amount equal to ONE MONTH'S RENT.

"She" is considering your last month's rent PLUS one additional month to be two months' rent, which it is.

The lease does NOT say you will owe for two months. It says you will owe to the end of the lease PLUS one month = two months.

ScottGem · Oct 10, 2010, 06:47 AM

Boy, how often can we get out of trouble by READING before signing.

Sorry but the lease provides for a one month penalty. So you DO owe two months rent. You owe for the month through the end of the lease term, but that term is extended by one month because you did not give proper notice. Plus the one month penalty.

So lets say the lease was originally to expire 10/31. So you give notice on 9/30 that you will not be renewing. But since you have to give 60 days notice, that means you can't terminate the lease until 11/30. So you owe through 11/30. Plus a penalty equal to one month's rent.

The landlord can apply your deposit against the amount owed. But if there are any damages you may still owe more.

I hope you read your next lease carefully before signing it.

Fr_Chuck · Oct 10, 2010, 07:00 AM

Yes, the lease required a 60 day notice so you owed the additional 30 days that you did not give notice, and then you also owe the one month rent for damages. Thus two months rent.

The security deposit will go toward damages, and according to the lease.

You needed to read the lease and ask questions about it before you sign it, But these are also fairly standard

twyc10 · Oct 10, 2010, 07:17 AM

Ok , thank you all for your help , so since we already paid the last month. That would mean we owe 1 more ? Because it says "Resident also shall be liable for liquidated damages in an amount equal to 1 months rent." not "liquidated damages plus 1 months rent".

ScottGem · Oct 10, 2010, 07:22 AM

Lets talk real numbers so we can be clear here. When did the lease expire? When did you give notice and what data have you paid through?

twyc10 · Oct 10, 2010, 07:27 AM

The lease expires November 9 , 2010 , we gave notice October 8, 2010 and we paid the last rent already

ScottGem · Oct 10, 2010, 07:32 AM

Ok, So the lease is extended to 12/9, plus another month as penalty. So you owe 2 more months. At least that is the way I read it. Its possible that Judy's interpretation is correct. And you may only owe the penalty. Have you asked the landlord what's the balance?

You might try just paying the penalty and see what they do.

twyc10 · Oct 10, 2010, 07:40 AM

Thanks a lot scott, I'll find that out soon and reply , and again I appreciate all the help I have received in understanding this. And I will post a update soon

JudyKayTee · Oct 10, 2010, 09:24 AM

Originally Posted by ScottGem

Ok, So the lease is extended to 12/9, plus another month as penalty. So you owe 2 more months. At least that is the way I read it. Its possible that Judy's interpretation is correct. And you may only owe the penalty. Have you asked the landlord what's the balance?

You might try just paying the penalty and see what they do.

I should have said something along the lines of "my interpretation of what you have posted so far is ..."

More info needed to give a more accurate response.