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utini411 · Mar 4, 2008, 02:26 PM

I live in FL and I gave a 15 day notice of leaving my old apartment that was on a month to month basis. My old roommate is staying and someone else moved in taking over my spot. The issue is that we gave notice 3 months ago and the leasing office keeps screwing me over saying that until the other two people get approved they will not release me from my lease. I already moved into a new apartment inmy name but my old residence won't take my name off the lease. They know that I do not live there anymore. What should/can I do? Is this something I can take to a law firm?

this8384 · Mar 4, 2008, 02:53 PM

What does the contract that you signed with the leasing office state? They have to have something defining what happens in a situation like this.

LisaB4657 · Mar 4, 2008, 03:15 PM

If your lease was on a month-to-month basis, and if you gave proper written notice, then the lease no longer applies to you regardless of whether your name is on it or not. Your tenancy is over and you are no longer responsible for anything to do with the apartment.

this8384 · Mar 4, 2008, 03:18 PM

Originally Posted by LisaB4657

If your lease was on a month-to-month basis, and if you gave proper written notice, then the lease no longer applies to you regardless of whether your name is on it or not. Your tenancy is over and you are no longer responsible for anything to do with the apartment.

Yes, their tenancy is over but they are also involved with a leasing agency. If they signed a contract with the agency, that contract may not have allowed them to simply give a 15 day notice and walk away. More information is needed before a definite answer can be given.

LisaB4657 · Mar 4, 2008, 03:26 PM

Originally Posted by this8384

Yes, their tenancy is over but they are also involved with a leasing agency. If they signed a contract with the agency, that contract may not have allowed them to simply give a 15 day notice and walk away. More information is needed before a definite answer can be given.

A leasing agency has nothing to do with it. If the lease is on a month-to-month basis, and if the OP gave proper written notice, the tenancy is terminated. Proper written notice means the notice required by the terms of the lease. If the written lease does not have a notice requirement then Florida law requires 15 days notice to terminate a month-to-month lease.

The landlord (or leasing office, or leasing agency) cannot legally continue to hold the OP responsible for lease obligations if the lease was validly terminated.

this8384 · Mar 4, 2008, 03:35 PM

That's only if there was nothing in writing to override the 15-day rule. If I put into my lease that a 60-day notice is required, the tenant doesn't get out of it just because Wisconsin has a 30-day requirement. If they agreed that the new tenants would need approval before their lease could be broken, then that's the agreement.

LisaB4657 · Mar 4, 2008, 03:42 PM

Originally Posted by this8384

That's only if there was nothing in writing to override the 15-day rule. If I put into my lease that a 60-day notice is required, the tenant doesn't get out of it just because Wisconsin has a 30-day requirement.

Yes. I agree.

If they agreed that the new tenants would need approval before their lease could be broken, then that's the agreement.

I disagree. If it is a month-to-month lease then it does not require the landlord's approval to end it.

this8384 · Mar 4, 2008, 03:50 PM

That's the problem. They're saying month-to-month but then they mention a leasing agency.

As far as I know, any agency is going to require that you sign a contract with them prior to them assisting you. I have a feeling the OP signed an agreement with the agency, the agency found them an apartment, the OP decided to move again and isn't abiding by the terms of the contract. It's not the landlord who's fighting this; it's the agency.