Catherinem, Terra Firma

[MissScripture]

Okay, so I realize this probably varies from place to place, but I could use some advice:

So, I was living in an apt with a month-to-month lease. I moved into a new apt at the beginning of this month, keeping both apartments for the month of April. Before the beginning of this month (I think March 26), I put a note in the rent box saying that I was moving, and would like my name taken off the lease (my roommate is staying in the apartment). I included a request that the landlady call me when she got the notice, but she never did. On about April 7, since i had not gotten a response, I sent a letter to her through certified mail. I just got a notice yesterday that the letter was unable to be delivered, so my landlady never got it. What do I do now? Thanks.

[Sojourner]

The first best place to look for help is to the lease you signed. Usually, you have to give more than a few days' notice that you are planning to leave a month-to-month lease. All the leases I've signed have required a 60-day notice prior to ending the lease, even in a month-to-month lease. It should also specify the manner in which notice should be given.

It's possible that when you ended the lease, it effectively ended it for your roommate as well, and she should have to re-sign a lease. That would be the best thing for you, so that it's clear you no longer have any responsibility for the apartment.

If I were you I would keep trying to contact the landlord, perhaps through a property manager or some other means. There must be someone you call for repairs. You need to do your best to be sure she knows your plan and that the lease is in order without your name on it.

[MissScripture]

[quote name='Terra Firma' post='1852199' date='Apr 29 2009, 11:36 AM']The first best place to look for help is to the lease you signed. Usually, you have to give more than a few days' notice that you are planning to leave a month-to-month lease. All the leases I've signed have required a 60-day notice prior to ending the lease, even in a month-to-month lease. It should also specify the manner in which notice should be given.

It's possible that when you ended the lease, it effectively ended it for your roommate as well, and she should have to re-sign a lease. That would be the best thing for you, so that it's clear you no longer have any responsibility for the apartment.

If I were you I would keep trying to contact the landlord, perhaps through a property manager or some other means. There must be someone you call for repairs. You need to do your best to be sure she knows your plan and that the lease is in order without your name on it.[/quote]

The lease required a 30 day notice, which I tried to give. There was no specification of what kind of notice it was to be. (this was the first apt I ever rented, and as I gain more experience I'm realizing what a bad landlady this lady is, and how wrong-ly things were done.)

For repairs we would try to call her, and about a month or two later finally get a call back (minus the time that the garbage disposal died and spit water everywhere, in which case we got called back a day later and chastised for not telling her sooner...) There is no "property manager" as far as I know.

ETA: Sorry if this is incoherent...finals week is draining me.

Edited April 29, 2009 by MissScripture

[rkwright]

You gave the first notice at the end of March right? And when did you move out?

I assume if you drop it in the rent box that constitutes notice...

Have you or your old roommate got anything like a bill or something?

Also did you have security deposit? You may be entitled to part of that also...

Edited April 29, 2009 by rkwright

[MissScripture]

[quote name='rkwright' post='1852224' date='Apr 29 2009, 12:02 PM']You gave the first notice at the end of March right? And when did you move out?

I assume if you drop it in the rent box that constitutes notice...

Have you or your old roommate got anything like a bill or something?

Also did you have security deposit? You may be entitled to part of that also...[/quote]

I gave first notice on March 26, I believe. I moved all of my stuff out by last Friday, but had given my "offical" moveout date as April 30.

I also assumed that would be a reasonable way to give notice, as she seems to get the rent checks, so it would logically follow that she gets anything else put in there...at least that's my thought...

I had paid first and last months rent and a security when I moved in, so I didn't need to pay last month (my old roommate paid the full rent, since she is planning on staying there, so there would be no bill for anything). And my old roommate paid me my half of the security deposit.

[rkwright]

[quote name='MissScripture' post='1852230' date='Apr 29 2009, 11:09 AM']I gave first notice on March 26, I believe. I moved all of my stuff out by last Friday, but had given my "offical" moveout date as April 30.

I also assumed that would be a reasonable way to give notice, as she seems to get the rent checks, so it would logically follow that she gets anything else put in there...at least that's my thought...

I had paid first and last months rent and a security when I moved in, so I didn't need to pay last month (my old roommate paid the full rent, since she is planning on staying there, so there would be no bill for anything). And my old roommate paid me my half of the security deposit.[/quote]

Honestly, I think you're good. You're supposed to give 30 days notice - which you did. When you weren't sure if she had received it yet you tried to send her a certified letter. You've done your part.

All that being said, keep in touch with your roommate about what happens in the next month or so. Also Terra is right - depending on how your lease is written your roommate may or may not have a valid lease. Did you sign individual leases? I know some apartments do this (ie if one roommate fails to pay, the apartment can't come after the other looking for the money).

Sorry if I'm asking a lot of questions... but one thing you said struck me as odd. You paid for the 1st and last months of rent - so you don't need to pay the last months. But your roommate paid the full rent, for both of you? Why did she do that if you had already paid your half? Shouldn't she only have to pay 1/2?

[MissScripture]

[quote name='rkwright' post='1852247' date='Apr 29 2009, 12:30 PM']Honestly, I think you're good. You're supposed to give 30 days notice - which you did. When you weren't sure if she had received it yet you tried to send her a certified letter. You've done your part.

All that being said, keep in touch with your roommate about what happens in the next month or so. Also Terra is right - depending on how your lease is written your roommate may or may not have a valid lease. Did you sign individual leases? I know some apartments do this (ie if one roommate fails to pay, the apartment can't come after the other looking for the money).

Sorry if I'm asking a lot of questions... but one thing you said struck me as odd. You paid for the 1st and last months of rent - so you don't need to pay the last months. But your roommate paid the full rent, for both of you? Why did she do that if you had already paid your half? Shouldn't she only have to pay 1/2?[/quote]

I guess technically, it wasn't the full rent for both of us. It was her half of the rent, and then, since she was staying, the second half of her last months rent. It would just come out to the same.

[CatherineM]

If your former roommate is staying, at least you're not dealing with her coming after you for money, but you do need to be concerned about your former roommate doing something to the apartment that you can get sued for if your name is still on the lease.

If she cashed your rent check that was in the same envelop as the notice, keep that with your undelivered certified letter. It will show what day she cashed it. If you paid in cash, hit yourself with a wet noodle. Sometimes with difficult, unprofessional landlords, all you can do is write "paid in full" or "last rental payment" on the memo line. If they cash the check, they are agreeing to your terms so to speak. Not the best solution, but can help if you get sued.

[Sojourner]

[quote name='CatherineM' post='1852266' date='Apr 29 2009, 12:22 PM']If your former roommate is staying, at least you're not dealing with her coming after you for money, but you do need to be concerned about your former roommate doing something to the apartment that you can get sued for if your name is still on the lease.[/quote]
Yes that was my concern about the lease. If both names are still on the lease, then both are ostensibly still liable for rent and damages.

Hopefully this is a good, reliable friend.

[MissScripture]

Since the friend was not good and reliable, and that was the reason I left, I decided I better make sure that my name was really off the lease. I called the landlady, this morning, and left a message asking such.

Um, WOW, she called me back (leaving and message, luckily, because I was sleeping) and chewed me out for calling, because, "People have more important things going on in their lives" and "You need to learn to stop bothering people!" And of course, from the complete lack of response, when I specifically requested that she call me and let me know that she got the letter, I was supposed to deduce that, "Of COURSE your name was taken off the lease!" I am SOOOOOOOOOOOO glad to be done with that place. Especially since I learned (from my fiancee's landlord) that a lot of what she does is technically illegal...

[Roamin Catholic]

[quote name='MissScripture' post='1853798' date='Apr 30 2009, 06:36 PM'](from my fiancee's landlord)[/quote]


I wonder who that could be....


I'm just glad that you moved out of there.

Edited May 1, 2009 by Roamin_Catholic

[Sojourner]

[quote name='MissScripture' post='1853798' date='Apr 30 2009, 08:36 PM']Since the friend was not good and reliable, and that was the reason I left, I decided I better make sure that my name was really off the lease. I called the landlady, this morning, and left a message asking such.

Um, WOW, she called me back (leaving and message, luckily, because I was sleeping) and chewed me out for calling, because, "People have more important things going on in their lives" and "You need to learn to stop bothering people!" And of course, from the complete lack of response, when I specifically requested that she call me and let me know that she got the letter, I was supposed to deduce that, "Of COURSE your name was taken off the lease!" I am SOOOOOOOOOOOO glad to be done with that place. Especially since I learned (from my fiancee's landlord) that a lot of what she does is technically illegal...[/quote]
She's a landlord ... she should expect to have to deal with issues relating to owning property. Good you are out of there.

It's best if you can get her to give you something in writing, just in case there are ever any problems. The more paper you have the better.

I have had really great landlords ... especially my last ones. They were a very sweet older couple that were incredibly encouraging and upbeat. They rented to college students and were still able to maintain a good outlook on life.

[MissScripture]

[quote name='Terra Firma' post='1853801' date='Apr 30 2009, 09:43 PM']She's a landlord ... she should expect to have to deal with issues relating to owning property. Good you are out of there.

It's best if you can get her to give you something in writing, just in case there are ever any problems. The more paper you have the better.

I have had really great landlords ... especially my last ones. They were a very sweet older couple that were incredibly encouraging and upbeat. They rented to college students and were still able to maintain a good outlook on life. [/quote]

Um, considering she also said that I needed to stop calling her (I had no idea one phone call was so terrible!), I doubt I'd ever get anything in writing. And I don't think it would be a good idea for me to call her, since I would not been a very nice person if she had spoken to me on the phone the way she did in the message.

The landlord I have now is amazing! He and his wife manage two buildings (the one I live in and the one my fiancee lives in), and are the nicest people you could meet. I have absolutely no qualms about calling him when I need something. Anytime he's over for repairs or whatnot we end up talking to him for at least an hour.

[CatherineM]

I'd also save a copy of the message she left you.

[Sojourner]

I am just paranoid, so probably you will be fine without paper documentation.

Great landlords are a real blessing.

When are you getting married, btw?