[tweazee]

Our lease is up 12/31/08, and we are moving out of the apartment complex in 2009.
A caregiver took me to the leasing office on 12/10/08 to give our 30 day notice to move. I I was told that we had to give a 60 day notice by the 1st of the month, so that made our vacate date pushed out to 02/28/09. The office manager filled out all the appropriate blanks on the 60 day notice form, said that I needed to get mine and my husbands signature then return it before 12/31/08.

On 12/13/08 a cargiver looked over the form and said that the form was not filled out correctly. It stated that we were to pay X dollars for Jan and Feb, and in addition pay X dollars for penalty for early release of rental agreement. The penalty was the total of Jan & Feb added together. We are not leaving early as our lease is up 12/31/08.

So we called the office manager back the next week and asked her to bring over a new 60 day notice & month to month form to our apartment for us to sign. We are disabled and could not get due to snow and ice weather.

The office manager came to our apartmen 12/18/08, and my husband signed the form with the manager signing below him on the same form. I asked the manager if I could make a copy of the paper on my printer, and she said she would give us a copy once she got back to the leasing office.

We had a caregiver take us over to the leasing office about 1 hour later, and we asked for a copy of the form we signed. The office manager refused to give us a copy of the form we signed. She said it had the incorrect rent amount on the form, and she was not authorizing the new month to month rent for Jan & Feb 2009.

What are our Missour Tenate Rights when the manager refuses to give us a copy of the form we signed, and how should we proceed.

Can we hold them to the new lower rent for Jan & Feb 09, or do we have to settle for what they tell us to pay?

[this8384]

What does your original lease say in terms of vacancy notice? Does it say you're required to give 30 days or 60 days? Even if it's only 30 days, you didn't give notice until 12/10 which would mean you're still liable for January rent.

No, you don't have to settle for what they tell you to pay. Pay the amount that you agreed to on the paper that you signed. If they try to sue you, all they're going to have is an agreement that backs you up, not them.

[tweazee]

We reviewed our lease, and it does say 60 days on the 1st of the month. We had just not realized it. So we are OK with the 60 days notice.

Thanks

[this8384]

If your lease says 60 day notice and you gave it on 12/10, then you're obligated to pay through February. But your landlord can't just up your rent without giving you proper notice; a lot of states require a 30 day notice before any rent increase. As you only signed a month-to-month agreement, then your landlord might be able to up the rent for February but not January.