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Apartment lease

Sent to Legal Experts July 27 2006 at 5:31 AM
   

My daugher rented and moved into an apartment in June 1,05. The disorganized rental company didn't give her a lease until July. On May 1, 06 she gave notice she would be moving out May 31. They accepted this notification. When I received the security deposit return it was minus a months rent (june 06) plus a $50 late fee. They said the contract was for 13 months. I asked them to e-mail me a copy since the one in my daughter's records doen not have any numbers filled in and does not have this top sheet. Their copy had cross outs and 13 months handwritten in. I can't say it was faked cause I honestly don't remember. It did say 60 day notification was required. Did she break the terms of the lease? I never heard of a 13 month lease though the corporate office says it is common. Isn't it their fault for being late with the lease contract. My daughter felt pressured to sign it because whe was all moved in and thought they would say she had to leave and didn't have any place to go (she was attending a nearby college). Is she entitled to a full refund of the security deposit (no damage to the apartment)? What are her legal rights now and for future rentals?

 

Optional Information:
newark, New Jersey

Already Tried:
calling local rental agency located in her building and at the corportate level to get inforamtion. Talked with action officer and was told my daughter was lucky to get something back because she broke the 13 month lease. I had assumed it was for 12 months with 30 day notification like ones I use to sign. Never heard of 13 month lease. I want to give my daughter some basics on these legal issues so she won't make so many mistakes in the future. I told her to keep all documentation so we can revisit issues easily. They don't teach this in college- even the best colleges seem to neglect important daily legal issue the students will eventually have to deal with. thanks for any help in this area.

Customer (name blocked for privacy)
Answer
July 27 2006 at 5:57 AM (25 minutes and 25 seconds later)
         
REPLIEDCheck Mark
The lease is a contract, the terms of the lease are all controlling and need to be followed by the letter or else there are penalties that can result from the breach of the terms. This appears to have happend.

Even though they allowed your daughter to leave earlier than stated, this is a breach of the contract and they can retain the amount of rent corresponding for the period they were expecting that she would remain. In your daughter's situation the one-month's rent.

In regards to length of lease, it all depends on what is customary in that location. It might be a common thing when renting near college towns. This is how my rentals near college towns are written as some college grads might need at least one month to find a job and decide to stay or move.

Please see if your daughter can find her copy of the lease. I would consider it suspicious when I see cross-outs on contract terms. Not that I am saying they did something wrong. If her lease is not crossed out, you can ask for a refund and even sue in small claims court for non-return of security deposit. However, the expense of the suit might be more than the court claim.

Here is a quick reference of Tenant's rights in New Jersey.






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Reply
July 27 2006 at 6:07 AM (10 minutes later)
         
Reply to Lawyer, Broker 's Post: Is there any liability (to tenant or rental company) if they don't provide the lease at move in day? The rental company didn't have a lease ready and didn't get it to my daughter until 4 weeks later after they said she could move in. Does this have any impact on the contract dates? What were her rights during this period? Remember, it was their inability to comply with there own requirement. Could she have negotiated her lease for the 12 months or was she in jeporady because she was not provided with a lease?
Thanks
Answer
July 27 2006 at 6:25 AM (17 minutes and 57 seconds later)
         
ACCEPTEDCheck Mark
During the four weeks that she was under no lease, she was considered an "at-will" tenant (because she accepted by moving in without the lease), instead of a tenant under a lease (term of years). At-will tenancy, means that she or them could have left after one day without notice or liability. I don't see any liability on either part for those four weeks. There is no impact on the contract dates.

She can question their irresponsibility, but the best way of recovery would be comparing her lease with their copy. If there are these discrepencies, she will have evidence to sue.

So again to make it clear:

1) There is no liability to either tenant or landlord during the 4 weeks without the lease because your daughter is considered an "at-will" tenant and could have left after one day without notice or liability. She accepted by moving in without having a lease for these four-weeks, therefore no liability.

2) The at-will tenancy does not affect the contract dates, because the lease she obtained was a new contract separate and apart from the at-will tenancy. The tenancy at will (at will tenancy) definition is here

3) The only way to recover the deposit would be to compare her lease with theirs, they should be the same. If different, I would find that suspicious and possibly sue as the landlord has a higher duty to prove the discrepency.

Hope this helps further.


Edited by lawNinvest on July 27 2006 at 6:47 AM



This is only legal/research information. Consult a local lawyer for specific legal advice. No Attorney Client relationship has been created. Don't Forget To Click ACCEPT.
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