Apartment Legal Question

Gmanc711 · 06-05-2013, 12:30 PM

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.

Mattyk · 06-05-2013, 12:35 PM

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

Gmanc711 · 06-05-2013, 12:38 PM

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.

Mattyk · 06-05-2013, 12:42 PM

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.

Gmanc711 · 06-05-2013, 12:53 PM

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.

mredskins · 06-05-2013, 01:08 PM

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

mredskins · 06-05-2013, 01:10 PM

Oops just realized you are in MD follow this link:

District Court of Maryland - Landlord/Tenant Issues

Gmanc711 · 06-05-2013, 01:12 PM

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.

mredskins · 06-05-2013, 01:17 PM

Quote:

Originally Posted by Gmanc711

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.

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

FRPLG · 06-05-2013, 01:31 PM

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

Mattyk · 06-05-2013, 01:37 PM

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

firstdown · 06-05-2013, 01:56 PM

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?

CRedskinsRule · 06-05-2013, 02:21 PM

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.

Mattyk · 06-05-2013, 02:25 PM

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

Gmanc711 · 06-05-2013, 02:27 PM

Quote:

Originally Posted by firstdown

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?

Thats correct.

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

06-05-2013, 12:30 PM	#1
Gmanc711 Thank You, Sean. Join Date: Feb 2004 Location: Gaithersburg, MD Age: 28 Posts: 7,499	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. __________________ #21

06-05-2013, 12:35 PM	#2
Mattyk ‎\m/ Join Date: Feb 2004 Age: 41 Posts: 80,672	Re: Apartment Legal Question What's the reason they won't give back the deposit? Damages? Cleaning? __________________ Support The Warpath! \| Warpath Shop

06-05-2013, 12:38 PM	#3
Gmanc711 Thank You, Sean. Join Date: Feb 2004 Location: Gaithersburg, MD Age: 28 Posts: 7,499	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. __________________ #21

06-05-2013, 12:42 PM	#4
Mattyk ‎\m/ Join Date: Feb 2004 Age: 41 Posts: 80,672	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. __________________ Support The Warpath! \| Warpath Shop

06-05-2013, 12:53 PM	#5
Gmanc711 Thank You, Sean. Join Date: Feb 2004 Location: Gaithersburg, MD Age: 28 Posts: 7,499	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. __________________ #21

06-05-2013, 01:08 PM	#6
mredskins Franchise Player Join Date: Aug 2005 Posts: 8,596	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 __________________ When life gives you paper jams, turn them into paper footballs!

06-05-2013, 01:10 PM	#7
mredskins Franchise Player Join Date: Aug 2005 Posts: 8,596	Re: Apartment Legal Question Oops just realized you are in MD follow this link: District Court of Maryland - Landlord/Tenant Issues __________________ When life gives you paper jams, turn them into paper footballs!

06-05-2013, 01:12 PM	#8
Gmanc711 Thank You, Sean. Join Date: Feb 2004 Location: Gaithersburg, MD Age: 28 Posts: 7,499	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. __________________ #21

06-05-2013, 01:31 PM	#10
FRPLG Franchise Player Join Date: May 2004 Age: 35 Posts: 9,919	Re: Apartment Legal Question Have an attorney send a letter. That's probably all it will take.

06-05-2013, 01:37 PM	#11
Mattyk ‎\m/ Join Date: Feb 2004 Age: 41 Posts: 80,672	Re: Apartment Legal Question Or look into small claims court, you don't need a lawyer for that. __________________ Support The Warpath! \| Warpath Shop

06-05-2013, 01:56 PM	#12
firstdown Registered User Join Date: Oct 2004 Location: chesapeake, va Age: 50 Posts: 15,818	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?

06-05-2013, 02:21 PM	#13
CRedskinsRule MVP Join Date: Aug 2008 Location: Pasadena, Md Age: 47 Posts: 12,393	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.

06-05-2013, 02:25 PM	#14
Mattyk ‎\m/ Join Date: Feb 2004 Age: 41 Posts: 80,672	Re: Apartment Legal Question Just take a baseball bat into the office and start swinging. That should get some results pronto. __________________ Support The Warpath! \| Warpath Shop

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