In December 2008, my fiance and I moved into an apartment. We did not get a lease from the rental property manager. She stated that she would have us sign it and get a copy after the holiday since we were not to move in until January 1, 2009. We could not move in until the second week of January because the previous tenants refused to move out. When we did move in, the property manager was supposed to take care of the lease. I repeatedly called her with no response. I went to the office and she was never there. We paid the rent every month, but she did not bother to give a lease. We paid the rent for June 2009 and she decided it was time for her to get us to sign a lease. Now the problem is that we have put a deposit on another place and now that we have a lease we were informed that we had to give a 30-day notice. So, she wants us to pay for July 2009. We would not have paid a deposit on another place if we knew about the 30-day notice. Also, without a copy of the lease, we wouldn't have known that we had to give a notice. She is refusing to give us our deposit back and demanding that we pay July's rent. She even changed the dates on the move in and we are stumped on what to do. Could you please give me some information on what to do. We don't have money to pay for both places and she was the one that was avoiding us and now she wants to mess us over because she didn't provide us with a lease!
nebraskaLL
6/24/09 5:57 PM
I'm a little lost, did you sign a lease before you moved in or not? I guess I'm misunderstanding slightly. "Also, without a copy of the lease, we wouldn't have known that we had to give a notice." Never sign anything unless you have read the lease! The property manager should have gone over EVERY clause with you (which it doesn't sound like she did). Further, if you signed for a year, then she doesn't have to give your deposit back (it hasn't been a year) you are breaching contract. I would speak with the new landlord of the apt you want to move into, and see if they are able to hold your apartment for the time being. If they are not, will they have any available next month? Check and see. Have you ever written the property manager of your current apartment requesting a copy of the lease? This would provide you with documentation that she was not doing her job. If not, keep copies of your phone calls that you made to her. Show the property manager's broker your notes and see what you can get resolved.
ablessdspirit69
6/24/09 6:12 PM
We never signed a lease because she was never in the office and she never returned my calls to set up a time to get the lease. We had a six month lease and now she wants us to sign a lease that will end in the next four days. The lease also stated that we could not have anyone living in the apartment for over 5 days. (which we didn't know until we saw the lease) We have 6 children between us and they come for half the summer. We would have never agreed to the lease for that reason alone. I guess the main thing is that she never wrote up a lease, we never signed one, we did not know any of the clauses because of this and now she wants to hold us under a lease that never existed.
nebraskaLL
6/29/09 7:46 AM
You do not have to sign the new lease. If you signed the six month lease, then yes you will be expected to uphold your end of the bargain. If that six month lease is expired, then no I wouldn't sign it. Remember though, you will be asked to vacate the property and should be allowed ample time to do so. Hopefully it won't be a problem since you already have a new residence lined up. I would really advise speaking to the property manager's broker. She cannot lease property that is not her's without a license and must be attached to some sort of brokerage (most likely...state laws vary on this matter). See what you can get resolved with the broker...there is nothing wrong with going over her head, BUT have proof to back it up...phone calls, letters, anything!
fourceline
7/3/09 11:07 AM
tenant lease expired july 1st 2009 landlord gave me30 days notice on june 23rd 2009 do i still have to pay rent?
Last modified: 7/3/09 11:36 AM
LandlordLaura
7/6/09 10:23 PM
Yes. Tenants are required to pay rent when they occupy a rental property and sometimes even after they leave if they leave before the lease actually expires and/or the proper termination notification period has expired. Be sure you read and understand your lease agreement.
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