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Updated almost 3 years ago on . Most recent reply

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David Urena-Amaro
  • Handyman
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Lease At Apartment Ends Sept 4th! NEED THOUGHTS! (:

David Urena-Amaro
  • Handyman
Posted

Unfortunately, I did not read my lease when it came to the contract about moving out. Now, I'm in the position of my lease ending on the 4th, but the contract stating I require a 60 day notice apon moving out. Once the lease end there is a month to month lease if I do not renew per contact; which I have not renewed  

I did give a notice once I came to notice about such requirements on Agust 11th and the apartment complex continues to go back to the contact verbiage. I understand ignorance on not fully reading the contract has put me here but really would love to hear pointers.

I was told by apartment management that termination before the 60 day may end up with the charge of having to pay my "buy out" for termination of contract. Which is a months worth of rent on top of a half months worth of rent.

Tomorrow, September 1st, I'll have a more concrete answer of what management is willing to do based of what I agreed too and signed. 

Let me know what you guys think haha, am I out of luck?

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Wesley W.#1 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • The Vampire State
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Wesley W.#1 General Landlording & Rental Properties Contributor
  • Rental Property Investor
  • The Vampire State
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Quote from @David Urena-Amaro:

 Not helpful. Also turns out Colorado law is 30 days, contract is a bit different then law. Now how much is leagal notice based on a month to month lease?

Your management company is not the villain here.  They are just following the contract that you both signed.  They are running a business and need to maintain their revenue in order to pay their employees and sustain business operations.  They seek to keep your apartment occupied, and there is a fair amount of legwork behind the scenes whenever there is an upcoming vacancy.  This is why they require sufficient notice.  This also cuts both ways; if they wanted to terminate your lease, they would be required to abide by the contract and give you the same notice, giving you (hopefully) adequate time to find a new place to live.

 As long as your contract does not violate statute (it probably does not), your contract language takes precedence over the law, which is typically used as the default if a contract is silent on a particular issue.

I'm sorry this is not the answer you were looking for, but that's why it's important to thoroughly read any contract before signing it.  The first sentence in your post says it all.

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