Need advice on apartment lease dispute!

[Colorado]

I'm hoping someone out here can give me some advice on this:

I rented an apartment with a 15 mo. lease that expired on 12/31/04. On Thanksgiving weekend my apt. mgr. drops off a letter stating my rent would be going up significantly (+10%). Given that rent was already high enough, I started looking around for other options. I ended up buying a house around 12/20/04. Anyway, my apt. mgr. is claiming that I did not give them 30 days written notice, as stated in the lease. I gave them 30-day verbal notice, but did not give written until mid-Dec. Anyway, they are claiming that I owe them for rent through most of Jan. 05, 30 days out from my written notice date.

This is where it gets tricky, IMHO. The rental rate they are applying to the part of Jan. they want is exorbinant. I even offered to settle by applying my lease rental rate, and they would not accept any settlement. They say they are sending the account to collections. Any advice?

[anti-something]

well, i dont know what state you are in, which does matter..

but generally.. dispute the debt in writing, CMRRR with the apartment complex, any CA that receives this debt should be informed this is a disputed debt. If they arent informed of the dispute.. then well the apartment complex lied huh?

go through the lease, see if that 'rent increase' was allowed by the lease, and see what the procedures are for leaving, generally there is a run down on what you would be obligated for.

[ladyblue65]

15 mo. lease that expired on 12/31/04. buying house around 12/20/04.

30 days written notice, as stated in the lease. I gave them 30-day verbal notice, but did not give written until mid-Dec.

Anyway, they are claiming that I owe them for rent through most of Jan. 05, 30 days out from my written notice date.

OK One look of the status in your state for tenant landlord laws. since you had a lease that was to expire on 12/31/04. You do not have to give notice. (double check your lease to make sure).

Take them to small claims court on this one you will win. As long as you did not renew your lease he can not charge you for Jan 2005.

Trust me you will win. The judges in small claims court are so nice when it comes to stuff like this.

I just took my landlord to court due to they would not give my deposit back. Guess what the judge awarded the judgement to us and we are foreclosing on her home soon She still refuses to give us our $$ back so I am taking her $229,000 house for $2058.50. In Georgia I get the house in 37 to 60 days.

[codename_fortyseven]

As a landlord myself, I am pretty sure that in most places a notice of rental increase is a new offer, thus the old one is void. Some leases change to month to month after the lease is up.

[Colorado]

Okay, I need some more help here. I didn't hear anything on this collection claim until today, no letters or anything. Truth be told, I was kind of hoping they might have let it go. Anyway, I spoke with a collector today and they said that unless I work out a payment plan today, that I would be served a summons and sued in civil court. She said the suit would include legal fees and other damages, and that either way I would probably be served the summons.

To answer some of your previous questions, I am in the State of Colorado. The lease does say that I needed to give 30 days notice. The amount they are seeking to collect is $850.

What should I do?

[breathing_easier]

Don't let the threat of lawsuit intimidate you. That's what they're hoping for. They don't want to go to court any more than you do. Does your lease say that you must given 30 days written notice? Do you have any witnesses as to your giving your verbal notice?

[Colorado]

The lease does say that 30 days written notice is required. But I guess in that case, I still wonder if they can pull my lease forward beyond the expiration (12/31/04). AND if they can charge basically whatever rent they want for that additional period, which is what they're doing. I even offered to settle this with them at one point, based on my existing lease rent, and they wouldn't take it. The amount was about half of what they're going for now.

But yes, my wife and I did give the verbal notice on or about 12/01/04. Unfortunately, they never reminded us about the written notice, even the times we spoke about this before the lease ended.

[ghacorp]

ladyblue,

I find your story difficult to believe. I've heard Georgia is a backwards state in many respects, but I've never heard of anyone ever being forced into foreclosure over an unsecured matter. It simply cannot be done over debts in any of the states I am aware of. In fact, in most "judicial" states like Delaware, mortgage defaulters can remain in their properties for more than a year unless they file bankruptcy where it can be another year. Is anyone here aware of a home (or business) foreclosure on a credit card debt?

[breathing_easier]

Oops, ghacorp, think you're in the wrong thread.

[KentWA]

Colorado, your lease was up at the end of December, you did not have to give them notice. Since they increases your rent, they tendered and offer of a new contract and you did not accept. If they do not file suit soon, then you have the CA on a violation. If they do file suit you have them on filing a frivilous suit. Double check state law on the lease expiration, but I am sure you will find the contract ended upon 12/31 and they have no recourse.

[ms6073]

Oops - double Post

[ms6073]

I even offered to settle by applying my lease rental rate, and they would not accept any settlement. They say they are sending the account to collections. Any advice?

Okay, in this instance the key to any legal relief will depend on the landlords actions after you vacated the premises as the Colorado Landlord Tenant Handbook is pretty clear on the matter of providing adequate notice when moving out (http://www.tenant.net/Other_Areas/Colorado/ltguide/toc.html):

Termination of the Lease for a definite Term (or a one-year lease)

If a lease has a date of termination or a definite term and if there is no mention of a requirement to give notice of termination, then the lease expires and the tenant is responsible to leave the premises on the date or at the end of the term stated. The landlord is under no obligation to automatically renew the lease with the tenant. If a lease does require that a tenant give notice of termination prior to the stated expiration of the lease, then the specified amount of notice must be given before a tenant is free and clear of his/her obligation. Many leases contain hold-over clauses which allow the tenant to continue the tenancy on a month-to-month basis following the expiration of the initial term of the lease. The lease should be consulted carefully to determine all termination and hold-over provisions.

But there is also this little tidbit concerning rent increases:

Rent Increases

If a lease specifies the amount of rent to be paid, it cannot be raised during the lease period. However, after the lease expires, the lease may still control the rent amount. At the present time, under Colorado law there is no rent control. Once the lease has expired the agreed rent amount may change. Refer to Termination of the Lease for additional information.

But as I mentioned earlier, the key to resolving this whole matter most likely will depend on whether or not the landlord provided you with a written, itemized statement of the deductions that effect the balance of the deposit due within 30 days! This of course is contingent on you providing the landlord a written forwarding address to your landlord as the the landlord's duties outlined above typically do not not exist until you do so:

Return of Securitv Deposit

If the tenant has fulfilled all the terms of the lease (including giving the landlord proper notice, if required), has paid the rent in full and on time, has left no financial obligation to the landlord, and has caused no damage beyond ordinary wear and tear, the tenant is entitled to a full return of the security deposit. The tenant should collect the security deposit in person or leave a forwarding address with the landlord so that the landlord can return the deposit.

Colorado law requires that the landlord return the security deposit or send an itemized statement of the deductions and the balance of the deposit, if any, to the tenant within thirty days after termination of the tenancy. This time period may be extended to up to sixty days if agreed in the lease. The landlord must either deliver or mail the full deposit or a statement of deductions and the balance of the deposit to the last known address of the tenant. If the landlord fails to provide a written statement of deductions and the balance of the deposit in full within the specified time period, the landlord forfeits his/her right to withhold any portion of the security deposit. However, the landlord retains the right to pursue damages by counter-claim against the tenant in a lawsuit for unpaid rent or for any of the charges he could have otherwise deducted from the deposit damage to the premises or any other financial obligation owed by the tenant. Treble damages may be ordered against the landlord in a lawsuit for a security deposit not returned within the required time period.

So, if you gave the landlord a forwarding address and the landlord failed to provide a written, itemized accounting within 30-days and now all of a sudden a collection agency is calling, follow normal validation procedures with the CA but here is what you need to do with the landlord:

Recourse for Withheld Securitv Deposit

If the landlord does not return the security deposit or does not send an itemized list of deductions within the required time period, or if the tenant disagrees with the deductions made by the landlord, the tenant should take the following steps:

1. Attempt to negotiate with the landlord for the return of the security deposit.

2. Send a letter to the landlord. This letter (often called a "seven-day demand letter") should state that the tenant will sue the landlord for three times the amount of the deposit withheld if the deposit is not returned to the tenant within seven days of the receipt of the letter. The letter must state:

a) the address of the prior rental premises,

the dates of the tenant's occupancy,

c) the amount of the security deposit originally paid,

d) the tenant's current mailing address, and

e) (if applicable), a statement by the tenant explaining any disagreement with charges withheld from the deposit.

The letter should be sent by certified mail, return receipt requested. The tenant may also send a copy via regular mail. The tenant should keep a copy of the letter and the certified mail receipt.

If the landlord returns the deposit in full or pays the tenant the disputed portion of the deposit within seven days of the landlord's receipt of the letter, the matter is resolved.

3. If the landlord does not return the deposit within the seven days, the tenant may sue the landlord to obtain the return of the security deposit. The tenant may request three times the amount of the deposit that has been withheld plus reasonable attorney's fees and court costs. The landlord has forfeited the right to withhold any of the deposit if s/he has failed to return it within the time required by the lease. In court, the landlord may counterclaim against the tenant for any damages caused by the tenant. Note: Under most leases, the losing party in a court action is responsible to pay attorney's fees for the winning party.

4. Contact the Community Mediation Service to arrange to mediate an outof-court settlement. Mediation is often faster, less stressful, and cheaper than going to court. Trained, neutral mediators will help to facilitate a negotiation process that often results in agreements that both parties feel are fair and that are tailored to meet the needs of the individuals involved.