[wilson_sl]

I am in desperate need of a fast reply!

My husband and I signed our original lease May, 2007. On March 15, 2008 we resigned another year lease. At the time I assumed the original lease for carry through and the new yearly lease would start again in May and run through May 2009.

January 2008 we submitted an intent to vacate at the end of our current lease, May 2009.

In the mail we received paperwork signed by the property manager that stated our final day was MARCH 15, and we would be "rent responsible through March 15, 2008", not May, and would need to hand in the keys that day.

I assumed this was a mistake because it did not match the dates on our lease and immediately called the leasing office. I spoke with 2 employes over a 2 day period. I was told, "It looks like they decided to forgive the final 2 months on your lease and restarted your lease from the date you signed the paper in March. Your final day is March 15."

We freaked out, thought we were going to become homeless, and realized we had just 5 weeks to find a place to live. Since we have 2 toddlers, we put our life on hold finding someplace to live. I missed my grad school application deadlines, my husband and I both took time off work, which caused us to lose money. We found a place to live, our dream house, and signed a rent to own lease to take effect March 15, 2009.

3 weeks later I received a billing statement in the mail for the full amount. I called to verify this, since the last month should have been prorated. They pulled our account up, confirmed again March 15, and gave us a final payment quote.

The same day in the mail I received a letter from the property management company that stated our final day in the apartment was, get this, MAY 17, 2009!

I called the leasing office and the property management said, "It looks like we made a mistake, and apparently everyone you talked with did not catch it." They are telling me I will be responsible through May and we will go to court if I refuse to pay.

Do I have any leg to stand on since I was led to believe I would be allowed to leave in March, be rent responsible only through March, have their signature on paper, and have already entered into another lease as a result? We have excellent rental history for over 7 years. Why would a court believe we suddenly would decide to abandon a lease with only 2 months remaining on it?

[LisaB4657]

If the landlord intends to charge you (and sue you for) rent for April and May, make sure you show up in court with copies of: (1) the notice of intent to vacate that you originally sent; and (2) the letter sent to you by the property manager stating that your final date was March 15th. Then tell the judge everything that you said here about the actions you had to take to make the move by that date.

I don't think the judge is going to hold you responsible for those two months.

[excon]

I called the leasing office and the property management said, "It looks like we made a mistake, and apparently everyone you talked with did not catch it." They are telling me I will be responsible through May and we will go to court if I refuse to pay.

Hello wilson:

Lisa IS, of course, right on.

It looks like you won't be able to avoid going to court with these people... I don't know what's WRONG with them... They have the written correspondence too. They know THEY screwed up. Yet, THEY want to make YOU the bad guy...

I'd write them a letter. In it, tell them that if they sue you for the rent, you'll sue them for illegal eviction. Don't flower it up. Tell them straight away. DARE them to take you to court.

If they DO sue you, file a counterclaim. You MIGHT win. I think your chances will be infinitely better than theirs.

excon