So, I'm planning on moving out of my apartment complex. Before things get out of hand, I will NOT be breaking my lease. So, I figured it'd be pretty easy to leave... Well, I called the office and they said I had to have a 60 day notice. Bull crap?

So this morning, I scanned through the lease and it said I only had to have a 60 day notice if I'm "breaking the lease". There is nothing in there (atleast not from what I saw) that said you had to have the 60 day notice just to move out of the piece of crap place. All it says is that I have to come in and sign a notice explaining to them that I will be moving out.

Any comments, cheat codes, hints, guides, or walk-throughs on this one?

8/1/2006 4:28:50 PM

It sounds like you already know what to do.

8/1/2006 4:29:37 PM

My lease specifically said stuff about giving a 60 day notice.

8/1/2006 4:30:31 PM

every apartment i've ever been to required a written notice that you would not be living there anymore...no matter if you had fufilled your lease, or are breaking it

some are 30 days notice, some are 60 days notice

8/1/2006 4:31:12 PM

^ Just to move out? That sounds gay-ish... my previous apartment complex didn't require this. I'm thinking they are trying to pull my leg and suck me for every dollar I have.

8/1/2006 4:31:52 PM

I think you screwed up.

8/1/2006 4:32:39 PM

IT DEFINATELY SOUNDS LIKE THEY ARE TRYING TO SCREW YOU.....YOU ARE NOT LEGALLY IF IT SAYS IN YOUR LEASE THAT THE 60 DAYS NOTICE APPLIES ONLY WHEN YOU BREAK THE LEASE THEN YOU AREN'T LEGALLY REQUIRED TO PAY THEM SHIT AFTER THE LEASE RUNS OUT....

8/1/2006 4:33:38 PM

can you post verbatim what your lease says?

8/1/2006 4:34:21 PM

I'll make a photocopy of it when I get home tonight and post it... it's at home right now, don't have it with me.

8/1/2006 4:36:40 PM

up up down down left right left right b a select start

8/1/2006 4:45:06 PM

That's standard. Have you never lived in an apt before?

8/1/2006 4:46:15 PM

Most leases state that once your lease terms are up you enter into a continuing month to month deal under the same lease terms. You may not have to give 60, but I am pretty sure you have to give at least 30.

8/1/2006 4:51:54 PM

i've gotten notices from landlords that say that if i don't give them 60 days notice of a renewal of a lease then they'll open it up for new tenants. legally, unless your lease is strange, there's no reason (other than common courtesy) that you should have to tell your landlord you're ending your lease when it says explicitly in the contract that it ends at that date anyway.

[Edited on August 1, 2006 at 4:52 PM. Reason : ^unless that is the case]

8/1/2006 4:52:16 PM

Yeah, but then you would have people on here posting about landlords forcing them to move out at the end of their lease when they had planned on staying another year and how its bullshit you have to give them 60 days notice if you are going to stay. I had to give 0 days notice I was going to stay. They just assume unless you say otherwise.

8/1/2006 4:54:11 PM

Like someone else, I have never lived anywhere that I have *not* had to give a 30 or 60 day notice that I would be moving out, even if the lease is ending. Every place I have lived, however, sent us a letter several months before the end of the lease notifying us that we have to give notice that we'll be moving out at the end of our lease by a certain date. Usually, if you miss the notice period, they penalize you some how.

At the place I currenly live, you're charged higher rent until the end of your notice period. Like say you turn your 60 day notice in 30 days before the end of the lease. Well, your last month during the lease period is at the normal rental rate and the extra month is at an inflated "month-to-month" rental rate.

8/1/2006 4:55:09 PM

my first apartment i ever lived at we were supposed to give 30 days which we didnt know...we ended up having to pay about 20 days of june, which they prorated, because we told them about 10 days before we left we were not going to live there

8/1/2006 4:56:41 PM

Quote :

"every apartment i've ever been to required a written notice that you would not be living there anymore...no matter if you had fufilled your lease, or are breaking it some are 30 days notice, some are 60 days notice"

[Edited on August 1, 2006 at 5:00 PM. Reason : damnit caps lock]

8/1/2006 5:00:27 PM

Quote :

"every apartment i've ever been to required a written notice that you would not be living there anymore"

same here

if you have read over the lease and there was nothing in there about a notice I would go to the office, with your lease in hand and make them show it to you.

if your landlord can not provide proof then you should be in the clear

8/1/2006 5:01:01 PM

GS 42-14

you have to provide at least 30 days notice.

8/1/2006 5:02:54 PM

OK

The solution here is obvious.

Throw obnoxious parties the rest of the month. I am talking about the kind where people urinate all over the complex, smash things, and leave cans covering the entire property.

They probably wont try to force you to renew your lease which it sounds like they are doing now.

Let me know where to bring the kegs and what time.

8/1/2006 5:04:16 PM

Haha, good suggestions folks. They are trying to pull a fast one I think and make us wait 60 days. I'm going to give them a 30 day notice tomorrow morning. Here is the "move out policy". No where do I see 60-day notice.

http://putfile.com/pic.php?pic=main/8/21222242579.jpg&s=f10

[Edited on August 1, 2006 at 10:27 PM. Reason : putfile]

8/1/2006 10:26:27 PM

idk, looks like you gotta pay to me...

unless you want to go through the hassle of courts and shit...i'm a student taking summer classes and fall classes and i work 30 hours a week, i know i wouldnt want to deal with all that

whats paragraph 3 say btw...if you give them their notice today which is the first you can move out by the 31st

[Edited on August 1, 2006 at 10:32 PM. Reason : .]

8/1/2006 10:28:26 PM

fixed it... sorry, i thought putfile would let me link the direct picture, but it doesn't.

8/1/2006 10:29:07 PM

8/1/2006 10:33:44 PM

looks like you gotta give them 30 days to get your deposit back...i think that notice is so they can find new tenants and get you the deposit back...idk thats what it sounds like to me

[Edited on August 1, 2006 at 10:36 PM. Reason : honestly i dont know if what i just posted is right.,..i'm still reading it trying to figure out]

[Edited on August 1, 2006 at 10:38 PM. Reason : it keeps saying lease term and renewal period...how long and when does the renewal period go?]

8/1/2006 10:35:29 PM

Here is the Lease Addendum...

http://putfile.com/pic.php?pic=main/8/21222361267.jpg&s=f10

This only applies to "early termination" though. I still think they are trying to pull a fast one on me. I'm going to contest it tomorrow morning. I tried calling this afternoon again (between 3-5pm), but none one ever answered the phone.

[Edited on August 1, 2006 at 10:44 PM. Reason : crap]

8/1/2006 10:39:00 PM

so what was your thinking behind your actions

what i mean by that is this...it sounds like you basically had been there almost a full year, and decided to move out(ok thats your right to do so), but how did you think this was going to work, you just pay the last month of rent and give the apartment company its keys back?

[Edited on August 1, 2006 at 10:46 PM. Reason : ]

[Edited on August 1, 2006 at 10:47 PM. Reason : trying to ask you questions they might ask]

8/1/2006 10:45:32 PM

Basically... why not? Of course I wasn't going to just leave and not tell them.

My lease ends on August 31st. But the situation that arose is that we are in need of a bigger place because my sister is going to be coming to Raleigh for her new job and she said she was going to help us with rent if we could find a bigger place. Our current place is too tiny, so we need to find a new place.

[Edited on August 1, 2006 at 10:55 PM. Reason : edit]

8/1/2006 10:53:44 PM

Quote :

"The advance notice must be at least the number of days of notice required in paragraph 3."

8/1/2006 10:54:04 PM

^ Yes, but you're still talking about the "early termination" addendum... not the "move out" notice. Remember, I'm not leaving the apartment early. I'm leaving on day of August 31st (when my lease ends). So basically all I need to do is tell them that I'm not coming back on September 1st 12:01am.

60 days (2 months) just seems like a ridiculously long time. And, I think since they know my lease ends on August 31st, they are trying to pull a fast one on me and have me live there an extra month and pay an extra month's rent to them.

[Edited on August 1, 2006 at 11:01 PM. Reason : edit]

8/1/2006 10:57:01 PM

Chapter 42 of the NC General Statutes governs leases:
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_42.html

The part you're concerned with is paragraph 14:

Quote :

"§ 42-14. Notice to quit in certain tenancies. A tenancy from year to year may be terminated by a notice to quit given one month or more before the end of the current year of the tenancy; a tenancy from month to month by a like notice of seven days; a tenancy from week to week, of two days. Provided, however, where the tenancy involves only the rental of a space for a manufactured home as defined in G.S. 143-143.9(6), a notice to quit must be given at least 60 days before the end of the current rental period, regardless of the term of the tenancy."

[Edited on August 1, 2006 at 11:04 PM. Reason : ...]

8/1/2006 11:00:09 PM

^^ I'm quoting the lease you posted. What does paragraph 3 of the lease say? (not the addendum)



[Edited on August 1, 2006 at 11:03 PM. Reason : ]

8/1/2006 11:01:41 PM

I'm gonna be pissed if I go tomorrow morning and put in my notice and he says it's too late to turn in my notice. Because I tried to turn it in this morning, but the dude said that I had to put a 60 day notice in. And then I even tried calling back this afternoon to talk to him again, but no answer.

Tomorrow is going to be the 2nd. I guess that pretty much voids my chances of turning in my notice?

Is there a law that says I have to pay for damages to the apartment (beyond my deposit)?


^ Paragraph 3 says:

"Lease Term: This lease term will renew from month-to-month unless either party gives at least 60 days written notice of termination OR intent to move-out as required by paragraph 36"

LOL... it's an INFINTE LOOP ... crappy contracts!


[Edited on August 1, 2006 at 11:11 PM. Reason : edit...]

8/1/2006 11:05:23 PM

nvm, i read your first post

[Edited on August 1, 2006 at 11:12 PM. Reason : ...sucks man, take it as a lesson learned, thats what i had to do]

8/1/2006 11:11:31 PM

Guess I'm screwed... 60 days... BAH HUM BUG!!!

"stick it to da man!"

P.S. If you decide to move to Hermitage @ Beechtree in Cary, make sure you don't stay in 203-1A. There may be a few things wrong with it...

[/thread]

8/1/2006 11:14:32 PM

Lessons learned:

Always read the contracts you sign.

or

Be intelligent and pay attention to the agreements you make.

8/1/2006 11:30:01 PM

When my lease ran out, I stayed another year then gave a 2 weeks notice and left. I got an earful for about 30 seconds but I gave one back about how they should have had me sign another lease. Never had any other problem than that 30 secs...

8/1/2006 11:52:46 PM

up up down down left right b a select start

8/2/2006 9:56:54 AM

You can and will be charged for damages to your apartment in excess of your deposit. They have 30 days or so to notify you of charges.

Its not a crappy lease, just hte landlord does not want to saddle someone with a year lease and moves to a month to month without notice.

you still have to give 7 days written notice for a month to month lease.

8/2/2006 11:37:09 AM

Quote :

"OK The solution here is obvious. Throw obnoxious parties the rest of the month. I am talking about the kind where people urinate all over the complex, smash things, and leave cans covering the entire property. They probably wont try to force you to renew your lease which it sounds like they are doing now. Let me know where to bring the kegs and what time."

8/2/2006 11:40:24 AM