Does anyone know what the consequences are of not giving a 30 or 60 day notice of moving out of an apartment complex? I know someone who failed to do so, and now he's slapped with a full month's rent as well as some fines and fees. Is there a maximum that the apartment can collect? Thanks!

12/14/2005 4:08:39 PM

that thing you signed called a lease will tell you how screwed you are.

12/14/2005 4:09:45 PM

read the lease.

everything you need to know is there

12/14/2005 4:09:49 PM

bad credit history for seven years if you don't pay them.

in other words, man up and pay for the obligations which you voluntarily agreed to in a legally binding contract

12/14/2005 4:10:15 PM

http://www.thewolfweb.com/message_topic.aspx?topic=206339

happened to me

happened to others before me

sucks man, let them know asap, so your prorated month you are paying for not living is not that much

on the other hand you do have a little extra time to live there/clean/etc. so you get the deposit money all back

good luck

12/14/2005 4:11:00 PM

Let me make this easy for everyone. I'm not the person who didn't give notice. As a result, I do not have the lease. If I had, I wouldn't be on here asking y'all this question. I'm asking if any of you know which statute pertains to this. Thanks.

12/14/2005 4:26:33 PM

Quote :

"I know someone who failed to do so, and now he's slapped with a full month's rent as well as some fines and fees."

What kind of idiot would pay a full month's rent and fines instead of just giving 30 days notice and paying one full month's rent?

Oh, and if "your friend" had a mortgage to pay he'd take tenants to the cleaners too for not abiding by the lease agreement.

[Edited on December 14, 2005 at 4:28 PM. Reason : s]

12/14/2005 4:28:31 PM

Quote :

"Let me make this easy for everyone. I'm not the person who didn't give notice. As a result, I do not have the lease. If I had, I wouldn't be on here asking y'all this question. I'm asking if any of you know which statute pertains to this. Thanks. "

tell your friend to look at his lease. it will answer all his questions. leases differ, so its impossible for anyone on here to know what his consequences are. we arent trying to be dicks, youre just asking a question that cant be answered.

12/14/2005 4:31:27 PM

Just remember, not all clauses in leases are legal.

12/14/2005 9:51:12 PM

damn frick, you should have just asked me to ask julie.

But in the mean time, yeah if you don't give notice you are subject to all those fines and fees. If you are prorated a special monthly rate, you will have to pay back all the concessions made to you.

You are going to be screwed if you don't give notice.

^ You realize that most of these renting companies have had teams of lawyers look over these leases, which have been time tested for several years. Most of those leases are rock solid, only a moron would decide to bring this to court. However there are exceptions.



[Edited on December 14, 2005 at 10:09 PM. Reason : .]

12/14/2005 10:07:29 PM

Yeah I should have asked you instead of all these schmucks on here (not all of you--just the ones who keep mentioning the damn contract as if everything in it is legal).

Yes, I do realize these companies do have teams of lawyers who draft their contracts. However, I'm not sure if my friend "aka my brother" had a lease with a big corporation with a team of lawyers. Why this matters--another friend of mine was hit with $1000 worth of later fees that the his contract prescribed--but only $450 was allowed under the law. It turns out the landlord got the contract off the internet and the late payment provision was illegal under North Carolina law. (the maximum a landlord can collect is either $15 or 5% of the rent, whichever is greater)

What I really wanted to know was what statute governed notices to vacate.

12/15/2005 1:10:27 AM

then maybe if you already know so much, you should know to consult google rather than call the people you're trying to get help from schmucks. it's a lot more likely to have lease laws memorized than we are, and can probably even quote them better.

12/15/2005 2:06:35 AM

you know, everyone is just contributing to the spawning of the "you should have googled it instead" threads by posting. espically the posts telling people to google it instead.

12/15/2005 2:19:13 AM

Quote :

" ^ You realize that most of these renting companies have had teams of lawyers look over these leases, which have been time tested for several years. Most of those leases are rock solid, only a moron would decide to bring this to court. However there are exceptions. "

That's not true at all. I don't know how you get that they have been "tested," either. Most people don't bother to fight it because its not economic to fight it except for the poorest tenants.

NC has a tenants rights website that tells you what is legal or not, regardless of what is written down in the lease that you signed.

Only suckers don't think the leasing company is trying to pump you for more than they can, hoping that you dont fight back. In fact, in most cases its also not profitable for the leasing company to fight any legal action you might take. They will deal, first.

[Edited on December 15, 2005 at 2:21 AM. Reason : dsf]

12/15/2005 2:21:15 AM

apartment complexes will test your knowledge of the law and if you appear not to know the limits of what they can charge you for, they will hit you with anything they can.

do a search on leases in NC. Several sites will spell the law out pretty well. alot of times they will try to keep your security deposit without provideing you with an itemized bill or giving you the opportunity to make repairs at your own exspense.

Complexes are like used car salesman with fresh cookies.

12/15/2005 8:39:11 AM

We had a 60 day notice (thought it was 30) so we had to pay rent until 60 days from when we gave notice. No big deal because we were allowed to stay there until the 60 days were up. Nothing against our credit report or anything. The only bad part is rent was only $845 under the special we had for 2 years. However, the extra days we had because of it was at the new price so it was like $600 for half a month. Oh well...

This was at The Links, who had BY FAR the best management I've seen at any apartment though.

12/15/2005 9:08:50 AM

Ah so let me guess. A roommate skipped out? Follow these directions

1) call up the superintendant of the complex. don't speak to the lacky at the desk if yours is like that. Explain the situation and that you are actively searching for a new roommate.

2) It's up to the superintendant but they can give them bad credit etc which stops them from doing this again with most places. And most good landlords will give you a break on rent.

My nextdoor neighbor back on faber had this happen to her. She went as far as to sue the other girl for rent and rights to her part of the deposit and won.

The laws concerning your rights in this have changed since I used to rent out properties so I don't know what you are entitled to. Good luck though!

12/15/2005 9:24:42 AM