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kristiwho · Oct 31, 2006, 10:46 AM

I have lived in the same complex for 3 years. My lease was up in August. I was going to renew my lease for another 12 months. But I never got the lease from my complex (every other year they leave in my door) so I never signed it. I have been paying the price as if I have a 12 year lease so it was OK. Now my parents have decided to give me a house for Christmas, how do I break a lease that I didn't sign? If I give them 60 day notice of intent to move, can they go back and charge me the month to month rent since August? What is the best course of action?

Thanks.

RickJ · Oct 31, 2006, 11:01 AM

No, they cannot charge you a higher rate. If the lease calls for a 60-day notice, then give it and you're fine.

ScottGem · Oct 31, 2006, 11:42 AM

When you go on month to month after the end of a lease, the provisions of the last signed lease still apply. If the lease said you need to give 60 days notice, then that's what you do. If it said 30, then you only need to give 30.

Wow a house for Xmas. Your parents want to adopt another kid? :) You need to find out when the house will be ready. Then give notice according to the terms of the lease going backward from that date. You might want to give yourself some leeway just in case the house isn't ready or doesn't close in time. Lest say its supposed to be ready on Xmas eve, you might give notice that you will move out by 12/31.

You mention this is an apt complex. So it is less likely to pull some of the keeping the deposit tricks smaller landlords are prone to. But you should protect yourself by taking pictures after everything is moved out, or doing a walk through with the complex mgr or some other third party.

kristiwho · Oct 31, 2006, 12:51 PM

Okay I was just checking because I know that my complex charges most people on month to month almost 500 dollars more than those on a 12 month. Since they are charging me the 12 month rate I don't want them to make me sign a lease now... or quick me out before the house is ready.

ScottGem · Oct 31, 2006, 01:25 PM

At this point in time, if they ask you to sign a new lease, tell them you are moving and approx when. Otherwise just wait until you have to give notice.