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want to move - lease expire in 8 days - please advise

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want to move - lease expire in 8 days - please advise

Postby criocin » Thu Sep 22, 2011 1:59 pm

I want to move and the lease expire at the end of this month. I did not receive any lease renewal. I call them today and they told me that is to late to tell them that I want to move. It's either I leave in 8 days (and loose I guess the deposit) or sign another lease. Is these my only legal options?
I don't want to get bad credit I just want my deposit back and move from there.

Please help
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Postby TenantNet » Thu Sep 22, 2011 2:10 pm

What does the fine print in your lease say regarding automatic lease renewal or staying on past the end of the term?

Why do you presuppose you would not get the deposit back (other than that LLs often do that)?
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Postby criocin » Thu Sep 22, 2011 2:30 pm

I could not find anything about automatic lease renewal. But I know that is a 60 days notice before you want to move clause. So if I move in 8 days I lose the deposit.

And they claim that I can not tell them now that I move out in 60 days because I have no contract signed with them in the last 52 days. So I have to sign a new lease and they can not do month by month, etc.
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Postby TenantNet » Thu Sep 22, 2011 2:55 pm

But I know that is a 60 days notice before you want to move clause.


Where did you get that idea?

When your lease is over, it's over. You don't need to give them 60 days' notice to move out. Either you move out when the lease expires, or you renew the lease, or you stay on as a month-to-month tenant.

Is there something in your lease about a 60 day notice?
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Postby criocin » Thu Sep 22, 2011 3:04 pm

Yes there is a whole separate page about that.

They told me that there is no month by month option for me because of the winter coming.

So the only option for me is to move now or to sign another year?

But if I do not agree with the new lease offer (they did not send it yet) then I don't have any right to refuse it?
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Postby TenantNet » Thu Sep 22, 2011 3:25 pm

What does that separate page say?

If your lease expires at the end of September, I don't think they can bind you to not giving them a notice 60 days prior. That would be, in effect, extending the lease. I don't think anything like that is enforceable. But it would be interesting to see what that page says.

It does sound like a scheme to avoid returning the deposit (and any interest you've earned).

If you want to move, then move. Deal with the deposit later. But make sure the place is clean, you have photos and witnesses. Do a final walk-through.
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Postby criocin » Thu Sep 22, 2011 3:41 pm

I don't have it with me..I will post later.
They offered me a new lease up to February with only a $10 increase.
I think I am missing something..
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Postby ronin » Fri Sep 23, 2011 12:24 am

They can require 60 days notice if you want to leave before the lease is up. They cannot require 60 days notice if you don't want to sign a new lease. If there is a clause like that in there it is invalid because you cannot make an "agreement to agree"
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