60 days notice given, but landlord wants $2000

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Latest post Wed, Sep 23 2015 3:47 PM by ca19lawyer2. 18 replies.
  • Wed, Sep 23 2015 6:21 AM

    60 days notice given, but landlord wants $2000

    Hello,

    I'm looking for some guidance or better understanding with my situation. 

    On, 7/31/2015, I gave my landlord my 60 days written notice (bought a house and plan was to move out end of September 2015), but now they are saying that I have to pay them $2000. I scoured my lease and cannot find anywhere within the lease stating/mention a termination fee, buy-out clause ect. Here is the verbage from my lease:

    "AUTOMATIC RENEWAL - Unless Tenant or Landlord gives the other sixty (60) days written notice prior to the end of the initial term of this agreement, this agreement will renew on like terms for an additional two moths. After the renewal, this agreement will continue to automatically renew on like terms for two month periods until terminated by either party giving the other sixty (60) days writtennotice prior to end of the then current term.

    Landlord is entitlaed, to increase the rent payable by the tenant at the beginning of ach new term of this agreement."

    What am I missing or what else in my lease should I be looking for because I'm feeling rather incompetent at the moment.

    Thanks in advanced!

     

     

  • Wed, Sep 23 2015 6:41 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    When is your lease up? Did you originally sign a year? If so when was that year up? I would not pay him anything right now. The term of the lease is unclear.

  • Wed, Sep 23 2015 6:50 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    Yes, I signed for 1 year. I renewed 5/1/15.

  • Wed, Sep 23 2015 6:59 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    So by the terms of the lease, it runs in 2 month increments.  If it had switched to a straight month-to-month, your 60 day notice would be sufficient but when it runs in 2 month increments, you have to give notice at the start of a 2 month period, not in the middle.  May & June, July & August....so the 2 month lease runs through October and you own rent for that time. 

  • Wed, Sep 23 2015 7:05 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    Well that would make sense, more so, than the regional telling me that what I am looking for is not in my lease agreement?!? That said, my rent is $1202 a month.

    If that is the case then why would the regional manager that I spoke with on Friday just tell me that?

  • Wed, Sep 23 2015 7:25 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    PATenant2015:
    Well that would make sense, more so, than the regional telling me that what I am looking for is not in my lease agreement?!? That said, my rent is $1202 a month.

    I agree.

    You should only owe rent for October. Presumably you've already paid for September.

    PATenant2015:
    If that is the case then why would the regional manager that I spoke with on Friday just tell me that?

    He either doesn't know any better or he's trying to scam you.

    You have a couple of choices.

    If you pay rent for October don't surrender the unit until the end of the month or the landlord will take possession, keep your money and rent it to somebody else as soon as you leave. Keep a few things in the unit and stay there once or twice a week to show that it's lived in.

    Another option is move out by the end of this month and don't pay anything for October. Let your security deposit cover it. That's not exactly proper and there's a risk of financial consequences if the deposit doesn't cover the month plus any damages you leave behind. Just make sure the unit is spotless and you take dated digital photos of every inch of the place and keep those photos permanently.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Wed, Sep 23 2015 8:45 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    PATenant2015:

    Well that would make sense, more so, than the regional telling me that what I am looking for is not in my lease agreement?!? That said, my rent is $1202 a month.

    If that is the case then why would the regional manager that I spoke with on Friday just tell me that?

    Did you try asking the regional manager that question?  What did he or she say?  If you were too shocked to ask on Friday, maybe call back and ask now - ?  If he or she hemmed and hawed and couldn't explain, then I'd say you're in the clear if you pay October's rent on time and properly vacate the unit by the end of October.

    Wouldn't hurt to put your understanding of what you actually owe in writing, so they are on notice that you understand your lease and aren't going to let yourself be pushed around.

    As far as keeping possession until the end of October goes, I think if that'd just be a hassle for you, no need to do it as long as the landlord is willing to do a move-out walkthrough and sign that the apartment had no chargeable damage when you left on such-and-such date, and that you turned in your keys.

  • Wed, Sep 23 2015 9:15 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    Thank you all for your responses. 

    I did ask the landlord on Friday. I read the entire "Auto Renewal" portion of the lease to her, so that there was no question as to what I was questioning, which was that I gave my 60 days notice , why are you wanting to charge me $2000?

    I couldn't at the time  wrap my mind around how I could be charged $2000 when there was no mention of early termination/buyout clause ect. If she/landlord at the time would have explained, as the above poster did, there would have been no questions, and we could have gone on and set up something. I have no issues with paying what I owe, but I most certainly will not pay more than I am obligated to pay. Her response to me, continually was, you need to pay $2000 and I won't find what SHE/landlord is talking about in the lease. I did ask her why not and how could I be charged that much for something that is not written in my lease. She avoided a direct answer by stating that if I don't pay I will have to go to court, and the judge won't take kindly to the fact that I'm ingonoring my agreement; and that I will have to pay the remainder of my lease and it will ruin my credit. Okay, I get all of those things, but I'd ask her again how can she charge me for something that is not written in my lease and I kept getting the same canned response until I got frustrated enough to politley end the phone call and do my own research. I kept focusing on that part of our conversation because she couldn't provide me with any answer and/or explanation.  She went on to say that the $2000 is their way of giving tentants such as myself "a way out." Again, that's great BUT there is no buyout clause in this lease. Again, had she just explained what the above poster wrote, I woouldn't have been as nearly as frustrated and just moved forward. Instead it's been time wasted while I try to figure this all out, 

  • Wed, Sep 23 2015 9:39 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on Thu, Mar 30 2000
    • PA
    • Posts 51,370

    Re: 60 days notice given, but landlord wants $2000

    I have a similar 2 month notice window in my PA leases .

    Despite what the lease  language says, I find it nonproductive to chase a tenant for a breech of the lease if they use up sexurity against last rents ....at least in my county the judge always seems to give them credit for,security against rent balance due ....no matter how clear my language may be ...

     



  • Wed, Sep 23 2015 9:47 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    Thanks for your response. My initial security deposit in 7/2011 was only $99, so it won't cover for October, which is fine. I will just pay October and move on. We have already started moving into our new house with only a few belongings left that were going to be moved this weekend. It was just frustrating that a regional manager couldn't, wouldn't and didn't explain the above to me. Clearly, I was reading the clause wrong, which is why i turned elsewhere because I wasn't getting a clear explanantion from the one person who should have been able to answer my question.

  • Wed, Sep 23 2015 10:52 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    PATenant2015:
    What am I missing or what else in my lease should I be looking for because I'm feeling rather incompetent at the moment.

    If I read your first follow up post correctly, your lease originally was for a one-year term from 5/1/14 - 4/30/15.  You wrote that you "renewed 5/1/15," but I'm not sure whether that means you affirmatively renewed the lease or that the automatic renewal provision kicked in to "renew [the lease] on like terms for an additional two mo[n]ths."  If you affirmatively renewed the lease effective on 5/1/15, for how long did you renew?  Another year?  Something else?

    If the automatic renewal provision kicked in, then your lease was renewed until 6/30/15 and then was renewed until August 31, 2015, and your 60 day notice on 7/31/15 should become effective on 9/29/15.

    If, on 5/1/15, you affirmatively renewed for another year, then you're on the hook until 4/30/15, and it sounds like the landlord is allowing you to buy your way out early for $2k.

  • Wed, Sep 23 2015 10:56 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    JamyeP:
    but when it runs in 2 month increments, you have to give notice at the start of a 2 month period, not in the middle.  May & June, July & August....so the 2 month lease runs through October and you own rent for that time.

    I disagree.  Nothing in the language quoted (that I've read thus far) supports this.  If, as appears to be the case, the original lease expired on 4/30/15, we don't know if the renewal on 5/1/15 was for a new one year (or some other term) lease or whether the "renewal" simply resulted from the auto-renewal provision kicking it in.  Even if the auto-renewal provision kicked in, the initial renewal term ran until 6/30/15 and then a second term would have run until 8/30/15.  Since the required 60 day notice was given before the auto-renewal provision kicked in a third time, there's no reason why the termination shouldn't be effective 60 days after it was given.

  • Wed, Sep 23 2015 11:09 AM In reply to

    Re: 60 days notice given, but landlord wants $2000

    I signed a 1 year lease on 5/1 (5/15 - 4/30/16) with the same previsions as the pevious years with the same Automatic  Renewal Clause. The only change was the typical increase in rent for the year. Thus far I have paid through Septemeber 2015.

    Does this help?

  • Wed, Sep 23 2015 12:25 PM In reply to

    Re: 60 days notice given, but landlord wants $2000

    PATenant2015:
    I signed a 1 year lease on 5/1 (5/15 - 4/30/16) with the same previsions as the pevious years with the same Automatic  Renewal Clause.

    Actually, that changes everything.  If you signed a 1-year lease, then the automatic renewal clause has not kicked in.  It's completely irrelevant.

  • Wed, Sep 23 2015 12:44 PM In reply to

    Re: 60 days notice given, but landlord wants $2000

    This is what I signed 5/1/15

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