i need help!!

By melia

i live in arizona, my lease is up 03/31/11, and the office wants me to pay $900 for 04/01-04/30. can they do this? while we did not give them a 60 day notice (we really did not know that we would need to be moving) we did try telling the leasing agent in the office on 03/10, but were told to come back the next day, 03/11 because she wasn’t in. she still wasn’t in on 03/11, so we went back on 03/14 to let her know that we were going to be getting a house and we were not renewing the lease and we would be out by the end of our lease on 03/31. she said that wouldn’t be a problem and congratulated us even. she said that if we paid a deposit, that that might be kept b/c it wasn’t a full 30 day notice.

ANYWAY, this past friday, 03/25/11, we went in there and asked if they could open the emergency gate because we were having a storage container delivered, they said the fire dept had the key… the sent maintenance to unlock a smaller gate so that we could get our furniture to the container and he said they need a current phone number for me (i gave them my current # in january, the manager must not have cared enough to write it down) my fiance went over there while i packed some things, and came back with a paper saying we had to give them the keys back by or on sunday 03/27 (yesterday) and that i would owe $822.10 plus water on may 1st. i paid my rent on 02/25 for 03/01-03/31.

i am more than willing to pay for water/trash for the month of march. but why would i have to pay $822.10 for 04/01-04/30 if we all know my lease was up on 03/31/11, and they told me i had to turn in the keys on or by 03/27, 4 days before my lease is up.  the lease agreement says "after the ending date this agreement automatically continues on a month to month basis until a new lease is executed or until either the management or resident terminates this agreement by dilivering to the other a written 60 day notice of termination. UPON EXPIRATION OF THE INITIAL LEASE TERM, THE CONTRACT AUTOMATICALLY ENETRS INTO A MONTH TO MONTH AGREEMENT WHICH IS DEFINED AT CURRENT MARKET RATE OR EFFECTIVE RENT, WHICHEVER IS GREATER, PLUS 2% TAX UNLESS OTHERWISE NOTED" so in seeing that, i am not and did not TERMINATE my lease. i paid up until 03/31. so, i think of the word "termination" as terminating my lease before it expires, so i would not need to give 60 day notice because the office and i know my lease is up 03/31/11 and i was paid through 03/31/11. on 03/31/11 the lease terminates itself. i undetstand the part where it goes into month-to-month, but i think we gave them sufficient notice and understanding that we were not renewing and we would be out by 03/31/11 to know that we would not be doing the month-to-month. i, myself, did not terminate the lease, i did not leave early, i did not miss a month of paying rent, i paid every month for the entirety of my lease, so i did not give 60 day notice saying that i was terminating my lease. i told them on 03/14/11 that i would not be renewing, and would be out by 03/31.

anther part of the agreement labled "TERMINATION" says "if RESIDENT TERMINATES the term of the agreement for any reason, the resident shall be obligated to give two months (60 days) written notice, as stated above, and, in addition to the rent due for the notice period and pay a buy-out fee equal to $2,000.00 and must repay all concessions recieved." so, is this "termination" in this paragraph the same as what is in the above paragraph? because that is the impression that i am getting. so, again, i feel i am right in saying i am not terminating the lease, i would not need to give 60 days notice telling them that i am "terminating" the lease. they are telling me i need to pay for a month of rent when they know i am not living there, they have the keys, i am paid through 03/31/11, their contract says i need to give 60 days notice if i am "terminating" the lease, i told them i am not renewing, i will be out by 03/31/11, they got their keys on 03/27/11, i can’t be living there month-to-month if i don’t have keys, so am i right in feeling that i don’t have to pay them $822.10 on 05/01/11 for rent from 04/01/11-04/30/11? any help, advice, or agreements with me would be appreciated.

Edited on: Monday, March 28th, 2011 1:52 pm

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I need help

By Toy

I live with my mother and I just lost my job. SHe has been recently diagnosed with breast cancer. She has just gone into surgery and is out of work for about 2 weeks. He boss told her he would send the last check that was due to her the day of surgery. The day I got her home the land lord knocked on the door to as where the money was. I told them it was on the way and I can’y rush the post office. Two days later they asked again. We live in a apartment that has no lease. He asked me to get my mother up so she could talk to him and now he wants us to save and move. I would have to find a job first and she has to get strong enought to work the hours she was. Im at a loss because I can’t find a job. I apply to everything and nothing. I’m not the person who says they did and people tell them to try harder because I am, but I have to take care of my mother. So I’m doing both.

Edited on: Tuesday, March 1st, 2011 6:33 am

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