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legal advice plz

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tooker   . Dec 07 2010 15:45. Posts 470
So i am living in some apartments in Tennessee and I signed a 13 month lease back in October. Which means my lease was up on November 30th but when I went to give my keys back to the office they told me they never got my 60 day termination notice and I had to pay them 2 more months rent. I had never heard of a tenant having to give the apartments notice if they had a lease for a fixed period, however when I went back and looked through my lease it was there. Ive been looking online but cant even find anything where people are even talking about 60 day termination notices from tenant to landlord. Anyone with legal knowledge know if this even legal or where I could find out if it is? All of the legal hot lines around where I live all seem to be for the landlords and wont tell me anything.

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tloapc   Pitcairn. Dec 07 2010 16:01. Posts 2591

Q: legal advice?

A: read and understand the fine print before you sign no matter how foolish you feel you look

--------------------

you signed the contract and say yourself this is included in there so then you have bound yourself to this

your best way out of this is to probably find another renter to replace you and fill up the empty apartment - dunno tho as I've never lived in Tennessee

The probability of someone watching you is proportional to the stupidity of your action. 

Big_Rob_48   United States. Dec 07 2010 16:42. Posts 3432

60 days might be excessive, the only thing I have dealt with is 30 days, so maybe try to get it down to 30 days and only pay 1 extra month?

And yes, this is so standard to have a termination notice.

My AIM sn if you want to chat: YoRobbyMiller 

HeRoS)eNGagE   Canada. Dec 07 2010 16:46. Posts 10896

its how it works here in canada quebec
you need to say you are living like 2-3 months before the end of the lease
you probably can find someone to take the lease tho
im gona quote the civil code of quebec

A lease with an inderterminate term terminates upon resiliation by one of t he parties(yeah its what oyu signed, it wasnt a fixed term)
a party who intentds to resiliate a lease with an indeterminate term shall give the other party notice to that effect
the term of the notice is on the same duration as the term fixed for payment of the rent, but may not be of more than three months.

so anyway you can find someone else to take the lease and you dont have to pay 2 months rent
the 2 months rent is not in the law here its probably just kind of a rule the place you are at did...
but yeah you have a new lease and have to pay till the end(12 months) unless you find someone to take the lease or pay the 2 months they ask for
OR find something with them(try to pay only 1 month) or something like that

btw did they ask you for a bigger $ for the next months?
and they are kinda retarded to not ask you if you stay or move


tooker   . Dec 07 2010 16:47. Posts 470

is it standard even if i had a fixed term lease as opposed to a month to month? why would they not just assume that after the amount of time the lease was for i would be moving out?


HeRoS)eNGagE   Canada. Dec 07 2010 16:47. Posts 10896

just think about it ..
they dont know you are leaving=> they dont find someone else for your appartment=>lose money
its kinda obvious you need to give a notice


HeRoS)eNGagE   Canada. Dec 07 2010 16:49. Posts 10896

you didnt sign a fixed term


NewbSaibot   United States. Dec 07 2010 16:52. Posts 4946

They want notice so that they can list the apartment as available by a certain date for future tenants. Anyway there is no way out of this contract, this is a very standard process and you will owe them the 2 months rent, probably at "market rate" which is even more than you normal monthly rent.

I have heard of some states which have laws saying no landlord can impose more than 30 days notice, so you may be able to wave that around and get one month removed, but thats it.

bye now 

YouGoTGoT   United States. Dec 07 2010 16:55. Posts 1118

Pay dat man his monies

YA I TALK SHIT, GOTTA DEFECATE TO CONVERSATE 

tooker   . Dec 07 2010 16:58. Posts 470

Well i agree to pay 13 months rent=>last month is nov 2010=>I dont ask to live there longer=>they know im not coming back. I get what your saying, just think its bull shit.


HeRoS)eNGagE   Canada. Dec 07 2010 17:08. Posts 10896

just find someone to take back the lease and dont pay shit to them
tahts all


HeRoS)eNGagE   Canada. Dec 07 2010 17:09. Posts 10896

btw if you do that make sur to do the right thing
you can let the lease to someone but their is 2 things if you do that
one of them(cant remember how its called) yous till have obligation(if he doenst pay, you pay)
the other you dont have any obligations anymore so if the guy dont pay its not your problem
so make sur to get the one wher eyou have no more obligations


tooker   . Dec 07 2010 17:15. Posts 470


  On December 07 2010 16:08 HeRoS)eNGagE wrote:
just find someone to take back the lease and dont pay shit to them
tahts all


There is something in the lease saying I cant do that. This thing really isn't a least its really a dildo that their fucking me in the ass with.


HeRoS)eNGagE   Canada. Dec 07 2010 18:00. Posts 10896

ok, it doesnt mean it takes effect
a law may say that if they put such thing in the lease it doesnt take effect(kinda illegal)
but i dont know if they can or not, try to find some legislation website for your country/states and make some research i guess


thewh00sel    United States. Dec 07 2010 18:09. Posts 2734


  On December 07 2010 15:47 tooker wrote:
is it standard even if i had a fixed term lease as opposed to a month to month? why would they not just assume that after the amount of time the lease was for i would be moving out?



Because you don't have to sign a new lease AFTER 13months the lease is saying that you will stay a MINIMUM of 13months, understand? Most people don't live in a place for only one year they stay and then prior to their move out 60-day or 30-day notices are standard. Just because it says you will be staying 13months doesn't mean you won't be staying 15 months or 22 months 'NAWMEAN?

A government is the most dangerous threat to man’s rights: it holds a legal monopoly on the use of physical force against legally disarmed victims. - Ayn Rand 

hellokittery   United States. Dec 07 2010 18:25. Posts 1399

what wh00sel said
this has been required every apmt i have lived in


tooker   . Dec 07 2010 20:31. Posts 470


  On December 07 2010 17:09 thewh00sel wrote:
Show nested quote +



Because you don't have to sign a new lease AFTER 13months the lease is saying that you will stay a MINIMUM of 13months, understand? Most people don't live in a place for only one year they stay and then prior to their move out 60-day or 30-day notices are standard. Just because it says you will be staying 13months doesn't mean you won't be staying 15 months or 22 months 'NAWMEAN?


So what was the point in me agreeing to live there for 13 months if I was going to tell them 2 months before I moved out?
I see what ur saying, just dont like it


Funktion   Australia. Dec 07 2010 23:00. Posts 1638

Not everything in a contract is as air tight as everyone here would have you believe. Without knowing the exact terms of the contract or any legal precedent set in your part of the world/country it is hard for anyone here to give exact advice. Oh plus I doubt anyone here has any experience in contract law.


 



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