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baller_34 · May 17, 2012, 09:31 PM

My husband and I signed a one year contract and paid faithfully throughout that year to our apartment. We signed our contract that apparently stated that we had to write a 60 day notice to them saying that we were moving. Since we are both students and are expecting a baby in a few months we didn't read our contract everyday and we told them we were moving 2 months before we did instead of writing it down. They didn't say anything except that we had to clean the items on the checkout sheet and we were good to move. Well the day we moved we get a notice on our door saying that we didn't write them a 60 day notice and we owe the 1000 dollars for the month of may as well as June all because we didn't write " we are leaving " on a piece of paper. Regardless of the fact that our lease is up. I was just wondering if they can do that? I mean where is our money going if nothing is being leased and no one is living in our apartment now?

ScottGem · May 18, 2012, 03:50 AM

If you have any documentation that shows they acknowledged your notice of moving, I think you will be in good shape.

But you do need to read the lease. Its possible there was an automatic renewal clause.

The bottom line here is that if you refuse to pay, they have to sue you for the money. If you go into court and show that they acknowledged you were moving, then I doubt if a court will award them anything.

On the other hand, they may just be using this as a ploy to keep your deposit. So they will withhold the deposit stating that you owe an additional two months rent forcing YOU to sue them to recover.

AK lawyer · May 18, 2012, 08:11 AM

Originally Posted by ScottGem

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On the other hand, they may just be using this as a ploy to keep your deposit. So they will withhold the deposit stating that you owe an additional two months rent forcing YOU to sue them to recover.

And if they try that, in many places, they are required to give you a written notice specifying what they are doing with the deposit. If they fail to do so within the allotted time, they are obligated to return it, no ifs, ands, or buts.

ScottGem · May 18, 2012, 08:18 AM

Originally Posted by AK lawyer

And if they try that, in many places, they are required to give you a written notice specifiying what they are doing with the deposit. If they fail to do so withing the alotted time, they are obligated to return it, no ifs, ands, or buts.

Agreed, but if they are clever enough to pull this, I would think they are clever enough to know they have to itemize the use of the deposit.