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I am being sued by my old apartment complex in Michigan for failure
notify them of my intent to move out. On the lease agreement, it
clearly states the time frame of the lease period. Approximately 60
days before the lease is up, they request a notice to notify them of
the tenant's intenet. On that notice, there is a mention that if
sufficent notice is not given, the tenant will be responsible for 1
month's rent. My question is, if the penalty is not stated in the
lease agreement, am I still responsible for paying the fine for
failure to notifiy them of my intent? Should I go to court or settle?
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JShanahan wrote:
I am being sued by my old apartment complex in Michigan for failure
notify them of my intent to move out. On the lease agreement, it
clearly states the time frame of the lease period. Approximately 60
days before the lease is up, they request a notice to notify them of
the tenant's intenet. On that notice, there is a mention that if
sufficent notice is not given, the tenant will be responsible for 1
month's rent. My question is, if the penalty is not stated in the
lease agreement, am I still responsible for paying the fine for
failure to notifiy them of my intent? Should I go to court or settle?
It depends on the exact wording of the lease. You can't get a valid
response unless we know exactly what it says. Take it to a local
lawyer.
Stu
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In article <51rmq0lp269f8tp8qhj4c3hod4khbbda30@4ax.com>, JShanahan
<jshanahan@gmail.com> wrote:
I am being sued by my old apartment complex in Michigan for failure
notify them of my intent to move out. On the lease agreement, it
clearly states the time frame of the lease period. Approximately 60
days before the lease is up, they request a notice to notify them of
the tenant's intenet. On that notice, there is a mention that if
sufficent notice is not given, the tenant will be responsible for 1
month's rent. My question is, if the penalty is not stated in the
lease agreement, am I still responsible for paying the fine for
failure to notifiy them of my intent? Should I go to court or settle?
You need to check your state and local law. In many places, if
you do not formally terminate your lease, it automatically renews
as a month to month that is terminateable by either party with
60 days written notice. You might be lucky that they are only
asking for 1 month rent when they might actually be able to get
2 months rent. Check the laws before you burn any bridges.
-john-
--
====================================================================
John A. Weeks III 952-432-2708 john@johnweeks.com
Newave Communications http://www.johnweeks.com
====================================================================
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"JShanahan" wrote in misc.legal.moderated:
My question is, if the penalty is not stated in the
lease agreement, am I still responsible for paying the fine for
failure to notifiy them of my intent?
If the requirement to notify them is not in the lease, then you have
no obligation to notify them and a fortiori no obligation to pay any
fine for not notifying them.
If the requirement to notify is in the lease, then it should say what
happens if you don't notify them. The usual thing is that the lease
automatically renews -- but the language of your specific lease is
what matters.
If the lease contains a requirement to notify but is silent on what
happens when you don't, then I don't believe they can arbitrarily
just charge you a month's rent. But there's no telling what a judge
would say.
It is not 100% clear to me from your article whether the requirement
to notify them was in the lease or that was some later thing (which
would not create an obligation on you).
--
If you e-mail me from a fake address, your fingers will drop off.
I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.
Stan Brown, Oak Road Systems, Tompkins County, New York, USA
http://OakRoadSystems.com
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JShanahan wrote:
I am being sued by my old apartment complex in Michigan for failure
notify them of my intent to move out. On the lease agreement, it
clearly states the time frame of the lease period. Approximately 60
days before the lease is up, they request a notice to notify them of
the tenant's intenet. On that notice, there is a mention that if
sufficent notice is not given, the tenant will be responsible for 1
month's rent. My question is, if the penalty is not stated in the
lease agreement, am I still responsible for paying the fine for
failure to notifiy them of my intent? Should I go to court or settle?
I'd advise settling. I'd interpret the notice as an extension of the
agreeement between you and the landlord. I can see no way there is a
loophole for you to jump through.
BTW, loopholes in the law aren't nearly as numerous or effective as the
TV would have you believe. Courts can see the sense of an agreement and
here the sense is obvious to me as, I think, it would be to the court.
If you wish, offer a lesser amount in way of settlement, but be prepared
to pay the whole month's.
-paul
ianal
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jshanahan@gmail.com (JShanahan) wrote in
news:51rmq0lp269f8tp8qhj4c3hod4khbbda30@4ax.com:
I am being sued by my old apartment complex in Michigan for failure
notify them of my intent to move out. On the lease agreement, it
clearly states the time frame of the lease period. Approximately 60
days before the lease is up, they request a notice to notify them of
the tenant's intenet. On that notice, there is a mention that if
sufficent notice is not given, the tenant will be responsible for 1
month's rent. My question is, if the penalty is not stated in the
lease agreement, am I still responsible for paying the fine for
failure to notifiy them of my intent? Should I go to court or settle?
Too bad you didn't just send them a letter stating your intent to vacate.
How much is the fine compared to the cost of going to court? Is it worth
spending $1,000 to avoid a $500 fine?
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