Apartment Legal Question
 

So I'm having an issue with my last apartment which I stayed at, as they are not refunding my security deposit. I was required to let the office know, in writing per the lease agreement, at least 60 days prior to vacating the apartment per my lease agreement (This is a company, not a individual).

I had sent an email to the office, which was received and responded too, indicating that I would be leaving, well over 60 days prior. They had responded to me asking me to fill out an additional form and bring it to the office. I did eventually do that, but it was not within the 60 time window.

According to my lease, all I had to do was supply written documentation (see below).

Do I have a case against them? Seeing as its a company and not an individual, I'm thinking that my odds are not great....but I'm upset enough about it that I want to go as far as I can.



Lease Term Expiration: You must provide us with a written notice of your intent to vacate at least 60 days prior to the Expiration Date
of the Lease Term. If you fail to provide us with the required notice and you move out anyway, then the Lease term will be automatically
extended for an additional month following the Expiration Date, and you will be responsible for paying your current Monthly Apartment
Rent until (i) the end of the one month extension or (ii) the day a new resident moves into the Premises, whichever comes first.

Re: Apartment Legal Question
 

What's the reason they won't give back the deposit? Damages? Cleaning?

Re: Apartment Legal Question
 

No, we passed inspection completely.

They don't want to give it back because they are charging me additional rent, because they did not receive their form back 60 days prior to me moving.

The lease just states written notification needs to be sent; which was done. It just was not their specific form.

Re: Apartment Legal Question
 

So you provided them with proper notice, they said fill this form out, you did but not within the 60 day window. Hmmmm. Might be worth touching base with an attorney to see what they think.

Re: Apartment Legal Question
 

Yeah; thats what I'm thinking.

Basically that part of the lease (in my opinion) is left open to interpretation. We have differing views on the interpretation... However legally, I feel like I did everything I needed to do... but just didn't know if anyone here had any experience in that.

Re: Apartment Legal Question
 

Have a face to face with the decision maker for that property. Bring your email and form showing the dates explain the your side of the story.

I am assuming here but also add you were a good tenant, left the apartment in good standing and would like to recommend them in the future for family and friends. Plus if circumstances arise and you would need to move back to this area they would be your first choice.

Not know the $$$ amount in question but you probably spend to much in lawyer fees trying to fight it to make it worth your wild.

Or you could hit these folks up:

Landlord & Tenants Court
510 4th Street NW, Room 110
Phone: (202) 879-4879

Re: Apartment Legal Question
 

Oops just realized you are in MD follow this link:

[url=http://www.courts.state.md.us/district/forms/civil/dccv082br.html]District Court of Maryland - Landlord/Tenant Issues[/url]

Re: Apartment Legal Question
 

Thanks. I have gone back and forth with the property manager to no avail so far... but she will not directly show me where in the lease it stated that I needed to fill out their form, as I have done everything in the lease.

I wouldn't get a lawyer, its not a huge amount of money... but I would file a complaint if I can against them.

Thanks for the tip.

Re: Apartment Legal Question
 

[quote=Gmanc711;1010934]Thanks. I have gone back and forth with the property manager to no avail so far... but she will not directly show me where in the lease it stated that I needed to fill out their form, as I have done everything in the lease.

I wouldn't get a lawyer, its not a huge amount of money... but I would file a complaint if I can against them.

Thanks for the tip.[/quote]

I would escalate it above her. Bring it to her boss or the companies front office.

Re: Apartment Legal Question
 

Have an attorney send a letter. That's probably all it will take.

Re: Apartment Legal Question
 

Or look into small claims court, you don't need a lawyer for that.

Re: Apartment Legal Question
 

If I read it correctly your considering your email as sending it to them in writing and you sent the form in after the 60 day deadline? If thats the case does MD consider an email as sending it in writing?

Re: Apartment Legal Question
 

just parsing terms - where they stated:
"...If you fail to provide us with the required notice and you move out anyway, then the Lease term will be automatically..."

They may claim that their form is the required notice, do you remember if they gave you a copy of it when you moved in?

not a lawyer though, and like JR said, having a lawyer send a notice may be enough.

Good Luck.

Re: Apartment Legal Question
 

Just take a baseball bat into the office and start swinging. That should get some results pronto.

Re: Apartment Legal Question
 

[quote=firstdown;1010946]If I read it correctly your considering your email as sending it to them in writing and you sent the form in after the 60 day deadline? If thats the case does MD consider an email as sending it in writing?[/quote]


Thats correct.

I haven't been able to find anything specific on Marylands end. I'll have to research some more tonight.

Re: Apartment Legal Question
 

[quote=CRedskinsRule;1010952]just parsing terms - where they stated:
"...If you fail to provide us with the required notice and you move out anyway, then the Lease term will be automatically..."

They may claim that their form is the required notice, do you remember if they gave you a copy of it when you moved in?

not a lawyer though, and like JR said, having a lawyer send a notice may be enough.

Good Luck.[/quote]

No clue if they gave us one when we moved in. I don't think so, but I'm not sure. I looked through everything I signed (and they signed) and nothing stated what the written notice needed to be.

In the grand scheme of things, we're not talking about a boatload of money, about $400. The principle of it is well beyond me though, I feel like I'm getting robbed.

Re: Apartment Legal Question
 

[quote=CRedskinsRule;1010952]just parsing terms - where they stated:
"...If you fail to provide us with the required notice and you move out anyway, then the Lease term will be automatically..."

They may claim that their form is the required notice, do you remember if they gave you a copy of it when you moved in?

not a lawyer though, and like JR said, having a lawyer send a notice may be enough.

Good Luck.[/quote]

I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.

Re: Apartment Legal Question
 

[quote=mredskins;1010964]I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is [B]try to win over their soft side[/B].[/quote]

Or just be a royal pain in their ass.

Squeaky wheel gets the grease.

Re: Apartment Legal Question
 

[quote=mredskins;1010964]I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.[/quote]

Yeah this is where we're going to battle. My thing is just going back to the Lease which is the only thing all parties signed, and I complied with everything there....

We'll see, appreciate the feedback though..

Re: Apartment Legal Question
 

[quote=Gmanc711;1010962]No clue if they gave us one when we moved in. I don't think so, but I'm not sure. I looked through everything I signed (and they signed) and nothing stated what the written notice needed to be.

In the grand scheme of things, we're not talking about a boatload of money, about $400. The principle of it is well beyond me though, I feel like I'm getting robbed.[/quote]

$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.

Re: Apartment Legal Question
 

[quote=Mattyk;1010966]Or just be a royal pain in their ass.

Squeaky wheel gets the grease.[/quote]

Problem is he doesn't have a leg stand on. They are done with me. Not a lot of repeat business in the rental business.

Re: Apartment Legal Question
 

[quote=mredskins;1010970]$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.[/quote]

$400 means more to some than others...

Re: Apartment Legal Question
 

[quote=Gmanc711;1010969]Yeah this is where we're going to battle. [B]My thing is just going back to the Lease which is the only thing all parties signed, and I complied with everything there.... [/B]

We'll see, appreciate the feedback though..[/quote]


Accept and I assuming they told you in the email you sent you need to fill out this form to make it official.

You are at part if not at all at fault for not signing their form and giving it to them prior to the 60 days.

Re: Apartment Legal Question
 

[quote=Gmanc711;1010972]$400 means more to some than others...[/quote]
Well if $400 meant that much to me I damn make sure they had their form filled out prior to the 60 days. Just sayn'

Re: Apartment Legal Question
 

[quote=mredskins;1010964]I kind of think it is their form or the highway. Basically his email was a request for the form and the form was the legal document.

With that said I think your only chance of getting the dollars back is try to win over their soft side.[/quote]

I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).

Re: Apartment Legal Question
 

[quote=mredskins;1010970]$400 bucks! Just move on not worth the headache. I thought we were talking a couple grand or more.

Here is a lesson when dealing with companies like this follow their rules to the T. You dropped the ball by not giving them that form fast enough so honestly shame on you.

Just recently I cancelled Comcast with in the 30 days by phone and they said you must have your equipment back ASAP. So I brought it to them that day and they gave me a receipt. Fast forward a few weeks someone calls from Comcast saying i owe $X Isaid nope her is a scanned copy of my receipt. $X removed from my file.[/quote]
Their "rules" have to be documented contractually. Otherwise "rules" are more just guidelines and when guidelines get enforced as rules by a company it is almost always to the detriment of the consumer. Hence the need for black and white and not gray.

Re: Apartment Legal Question
 

[quote=FRPLG;1010975]I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).[/quote]

That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.

Re: Apartment Legal Question
 

[quote=FRPLG;1010975]I'm pretty sure they have to be more concrete about it. It is not just up to them what constitutes official written notice. IF there is a specific form I'd be surprised if they didn't have to specify so in the contract (lease).[/quote]

True, I still think he dropped the ball by not getting the their letter their by 60 days and the way the Property Mgr is acting by not refunding it he probably doesn't have a leg stand on here. I am sure the rental company has been through this before.

Re: Apartment Legal Question
 

[quote=Gmanc711;1010978]That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.[/quote]

Again why didn't you just give them the darn form they requested prior to the 60 days??? Do you not see any fault on your part.


Would have saved 400 bucks and a big headache.

Re: Apartment Legal Question
 

[quote=Gmanc711;1010978]That's pretty much my thing. Is they left the lease open for interpretation. They don't clearly define what written notice is/whats required. If it said in the lease that I had to provide " X apartments notice to vacate form" I would have zero case. They just said written notice. The only thing all parties had a signed agreement on is the lease; so I'm basing my case 100% off of that.[/quote]

The only legal leg they have to stand on is the lease. In fact that is what they are trying to do. If they did not specify in the lease exactly what form then it is open to interpretation...but not JUST theirs. As you implied there is no documented legal contract requiring you to fill said form. The fact that they acknowledged your e-mail is sort of damning. They'd have been better off just saying they never got it. FD's question about email constituting "written notice" is a good one though. Perhaps in MD it isn't enough...although I'd be a little surpirsed.

Where the hell is Joe?

Re: Apartment Legal Question
 

[quote=mredskins;1010979]True, I still think he dropped the ball by not getting the their letter their by 60 days and the way the Property Mgr is acting by not refunding it he probably doesn't have a leg stand on here. I am sure the rental company has been through this before.[/quote]

Im also sure they count on people going with the "Just move on not worth the headache" approach.

Just because they do it doesn't mean it is kosher.

Re: Apartment Legal Question
 

Unless the lease specifically spells out what constitutes notice, I think he has some ground to pursue here.

Re: Apartment Legal Question
 

[quote=mredskins;1010974]Well if $400 meant that much to me I damn make sure they had their form filled out prior to the 60 days. Just sayn'[/quote]

Easy, everyone makes mistakes.

He probably just thought the form was a formality, by acknowledging his email I'd argue that was an official notice.

Re: Apartment Legal Question
 

[quote=mredskins;1010980]Again why didn't you just give them the darn form they requested prior to the 60 days??? Do you not see any fault on your part.


Would have saved 400 bucks and a big headache.[/quote]

There's fault (in a social sense) and legal fault. When it comes to leases and money all that matters is legal fault. If he is entitled to get his money back based on the terms of a lease (a legal contract) then what ever social fault he has is irrelevant. And certainly $400 is an amount of money I would pursue as I am legally entitled to it. $4.00? No. I'll take the hit for being lazy. $400. Sorry but that's my money whether I could have avoided this by filling out a form (that I wasn't contractually obligated to fill out) or not.

Re: Apartment Legal Question
 

[quote=mredskins;1010980]Again why didn't you just give them the darn form they requested prior to the 60 days??? Do you not see any fault on your part.


Would have saved 400 bucks and a big headache.[/quote]

The form they wanted me to fill out asked me where my next address would be that they could send the refunded deposit, and I had not yet finished finding my new apartment, so I had nothing to put there. Since I already provided my written notice, I chose to wait until I had all the information they wanted on the form.

And that was the logic behind why I waited to send the form, I didn't think it was anything other than notifying them where to send my refund.

Re: Apartment Legal Question
 

[quote=FRPLG;1010982]Im also sure they count on people going with the "Just move on not worth the headache" approach.

Just because they do it doesn't mean it is kosher.[/quote]

Yes but he all ready has bugged them and they are sticking to their guns. IDK I am sure if you kept bugging them they may cave.

Re: Apartment Legal Question
 

$400 seems like enough money for them to worry about.

Re: Apartment Legal Question
 

[quote=Gmanc711;1010987]The form they wanted me to fill out asked me where my next address would be that they could send the refunded deposit, and I had not yet finished finding my new apartment, so I had nothing to put there. Since I already provided my written notice, I chose to wait until I had all the information they wanted on the form.[/quote]


[B]New Address:[/B][U] TBD (will give it you when I get it) [/U]


That is what I would have put and handed it in prior to 60 days.


Trust at nearly 40 I have been burnt to many times to know follow their dumb rules to the T to ensure you get your $$$. Espically if it is a $$$ amount that means something to you.

Re: Apartment Legal Question
 

[quote=mredskins;1010990][B]New Address:[/B][U] TBD (will give it you when I get it) [/U]


That is what I would have put and handed it in prior to 60 days.


Trust at nearly 40 I have been burnt to many times to know follow their dumb rules to the T to ensure you get your $$$. Espically if it is a $$$ amount that means something to you.[/quote]

I get what you're saying. Either way it will be a learning experience....

But I still think its BS that they can interpret the signed lease a specific way without it in writing. If I don't get anything back, it is what it is, but as someone else said, there is too much grey area in how it is written.

Re: Apartment Legal Question
 

[quote=Gmanc711;1010991]I get what you're saying. Either way it will be a learning experience....

But I still think its BS that they can interpret the signed lease a specific way without it in writing. If I don't get anything back, it is what it is, but as someone else said, there is too much grey area in how it is written.[/quote]

I totally agree you have a case but I am just saying in the future do everything they say to the T and you can avoid headaches like this.

If they told me I had to run around the pool 4 times before sixty days to ensure I get my 400 bucks back that I need; you better believe I run 4 times around it and film it.

Anywho good luck to you!