apartment leasing agreement

Submitted by milehigh2084 t3_ymb15h in washingtondc

If any can help provide some insight if I have any avenue.

My lease is up for renewal on 12/1 and I was sent a renewal letter on 9/2 and have 60 days to let them know of my intent to move out. I went to the leasing office to discuss the renewal but it fell through so I decided to provide them with a written notice via email on 10/8. They did not list the apartment since and now wants me to cover the cost for the 8 days...is that a cost I will have to eat or try to fight it? Tried to talk to talk to GM to no avail.

Appreciate any response in advance !

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Global-Breakfast-349 t1_iv36rns wrote

If I am reading this correctly, you were told on 9/2 about the rent increase, which would start on 12/1. That is more than 75 days notice. As for the "60 days to let them know" I think you interpreted that incorrectly. I think they mean, "you must let us know you're moving out at least 60 days before 12/1." If 11/30 is when your lease ends, then you needed to tell them by 10/1, give or take a day.

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milehigh2084 OP t1_iv37e21 wrote

I need to give them a 60 days notice from when my lease ends on 11/30

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milehigh2084 OP t1_iv384u8 wrote

But should the notice have gone out to me before 9/2?

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Global-Breakfast-349 t1_iv3dgre wrote

Why? 9/2 to 11/30 is way longer than 75 days. Where is this idea coming from that they need to give you notice before 9/2?

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milehigh2084 OP t1_iv3l1yo wrote

Stand corrected, I took it as I had 15 days added but it not.

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keyedinn052 t1_iv2w2nf wrote

See the OTA - here is a FAQ sheet that discusses the issue

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milehigh2084 OP t1_iv2zhbn wrote

Awesome thanks! My rent increased but the notice only went out with 60 days notice, should have been 75 days of I read it correctly!

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violet-shift t1_iv5i40l wrote

> Awesome thanks! My rent increased but the notice only went out with 60 days notice, should have been 75 days of I read it correctly!

This is technically correct -- per the DC code, if you're required to give 60 days notice before vacating the property, they're required to give you 75 days notice before a rent increase.

However, if your lease ended 12/1 and they gave you the notice on 9/2, they actually gave you 90 days notice. So the rent increase is allowed by those rules.

Secondly, if you gave them notice on 10/8, you're on the hook til 12/8. Thus, the extra 8 days they're requiring you to pay. That would be true even if the rent increase was incorrect some how.

Finally, they are required to try to mitigate damages in a reasonable way. That is, they do have some responsibility for attempting to lease the apartment once you've given notice that you're leaving; they can't just have the apartment be empty for months after you've gone and charge you without attempting to let it. However, I don't think that really applies to your case, right? It's a relatively short notice and you're only on the hook for 8 days.

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milehigh2084 OP t1_iv9vqjs wrote

That's what's I was told via email, that I was responsible for 8 days. I am hoping that's is it and I'll know if that's is that Monday. So if I am paying for those 8 extra days, I don't have to move out per agreement on my lease until that 8 days are up?

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milehigh2084 OP t1_ixc91o0 wrote

So I just saw an email from my rent payment portal for the charge of next month's bill. I have it on email from them that I can still move out but pay the 8 days..not sure if that's an error or they are charging me the whole month...anything I can do if that if that is the case?

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milehigh2084 OP t1_ixel8zs wrote

I agreed to pay up to the 12/8 date but the rent portal shows otherwise.

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PalpitationNo3106 t1_iv2xh5c wrote

No. If you noticed them on 10/8 of your intent to vacate on 11/30, you are good. Tell them to sue you in landlord tenant court.

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violet-shift t1_iv3uyho wrote

If OP's lease required e.g. a 60 day notice (and they pretty much all do!) that isn't true at all! That's confirmed by the OTA doc that was previously linked.

> The law is somewhat different for a tenant who wishes to move out upon the expiration of the written lease term, i.e., before the tenancy becomes month-to month. In that instance, the lease may require more than 30 days-notice of a tenant’s intent to vacate, but only if the lease also entitles the tenant to a written notice of a rent increase that is at least 15 days longer than that. For example, if the lease requires the tenant to provide a 60-day notice of intent to vacate, the lease must also entitle the tenant to a 75-day notice of a rent increase. If the lease fails to do so, the tenant is only required to give the housing provider a 30-day notice of intent to vacate.

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milehigh2084 OP t1_iv31n2c wrote

I forgot does the rule apply to like apartment in high-rise or residential or does it matter?

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milehigh2084 OP t1_iv30c0x wrote

They want me pay 500 and change like its my fault and they didn't list the apartment up as of now...

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milehigh2084 OP t1_iv30m5x wrote

I just hope they don't charge me for damages or cleaning on the way out lol, at this point anything goes.

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PalpitationNo3106 t1_iv37c2e wrote

Insist on a walk through on your last day with their representative. Take video. If they refuse, note that. And take video of the place anyway. Show everything. Make sure they have your new address. Print this https://www.dcregs.dc.gov/Common/DCMR/RuleList.aspx?DownloadFile=F072555F-0000-C93C-AA3B-E0DC116B10AA and leave it sitting in the middle of the room. (If you really want to flex) they’re bluffing, they won’t actually sue you for it, because they can’t. And if you leave the place in reasonable condition, you’ll get your deposit back, too.

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PalpitationNo3106 t1_iv37h95 wrote

If you don’t pay December rent, what are they going to do, evict you? You won’t live there anymore. You gave them 30 days notice. They’re just bullying you.

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milehigh2084 OP t1_iv3l9w4 wrote

I guess I signed the contract so guess have to own up to it.

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PalpitationNo3106 t1_iv3mhoc wrote

The contract was illegal. You don’t have to. Don’t let predatory landlords win without a fight. If not for you, then for the next guy.

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Master-Musician5006 t1_iv3ppth wrote

No it wasnt. Requiring 60 days notice of intent to vacate is legal.

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PalpitationNo3106 t1_iv3r083 wrote

No, it isn’t. Dc code requires 30 days notice only. Prove me wrong. Cite chapter and verse of the DC code that allows for 60 days notice. Please.

Dc code requires 30 days plus the 30 days after the last rent payment is due. So a maximum of 59 days. But please. Cite the DC code that allows for 60 days. Go ahead.

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Master-Musician5006 t1_iv3tfhm wrote

Why are you so hostile?

Dont know the exact code section of DC law, but I trust OTA.

This is from OTA's guide here

Tenant’s Notice of Intent to Vacate: The Act clarifies existing law regarding the tenant notice of intent to vacate the unit during a month-to-month tenancy. A housing provider may not require a month-to-month tenant to give more than a 30-day notice of his or her intent to vacate the unit. The tenant should be aware, however, that the notice does not take effect until 30 days after the date that the rent is next due. For example, if a tenant’s notice of intent to vacate the unit is given to the housing provider on February 15th, and the rent is next due on March 1st, then the tenancy will not terminate until April 1.

The law is somewhat different for a tenant who wishes to move out upon the expiration of the written lease term, i.e., before the tenancy becomes month-to month. In that instance, the lease may require more than 30 days-notice of a tenant’s intent to vacate, but only if the lease also entitles the tenant to a written notice of a rent increase that is at least 15 days longer than that. For example, if the lease requires the tenant to provide a 60-day notice of intent to vacate, the lease must also entitle the tenant to a 75-day notice of a rent increase. If the lease fails to do so, the tenant is only required to give the housing provider a 30-day notice of intent to vacate.

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violet-shift t1_iv496le wrote

D.C. Code 42-3505.54 (b)

Make sure to read til the end of the section. (It's a single sentence, so I'm confident you can manage.)

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milehigh2084 OP t1_iv3pj48 wrote

Contact is a binding document and I signed it unfortunately.

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PalpitationNo3106 t1_iv3ramp wrote

Nope. You cannot sign an illegal contract. The law supercedes.

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milehigh2084 OP t1_iv3sxti wrote

What law is that? I am not lawyer lol

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OcelotControl78 t1_iv5n0gf wrote

Any contract that is illegal in any way is generally voidable. It's a standard legal precedent. Specifics can vary from state to state. (Under the theory that a contract is binding only when it meets certain criteria; legality is one of those criteria.)

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PalpitationNo3106 t1_iv3t7c1 wrote

Dc code. Google exists. Enjoy.

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milehigh2084 OP t1_iv3trjg wrote

I read th we DC 21-210 Tenants Notice of Intent to Vacate , didn't mention anything was illegal.

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