Apartment Legal Question

[FRPLG]

Originally Posted by mredskins

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.

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).

[Gmanc711]

Originally Posted by FRPLG

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).

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.

[mredskins]

Originally Posted by Gmanc711

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.

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.

[FRPLG]

Originally Posted by mredskins

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.

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.

[Gmanc711]

Originally Posted by mredskins

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.

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.

[mredskins]

Originally Posted by Gmanc711

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.

New Address: TBD (will give it you when I get it)


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.

[Gmanc711]

Originally Posted by mredskins

New Address: TBD (will give it you when I get it)


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.

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.

[mredskins]

Originally Posted by Gmanc711

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.

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!

[FRPLG]

Originally Posted by Gmanc711

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.

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?

[mredskins]

Originally Posted by FRPLG

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).

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.

[FRPLG]

Originally Posted by mredskins

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.

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.

[mredskins]

Originally Posted by FRPLG

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.

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.