Lease was up, moved out without giving 30 day notice.

[Guest cr8credit]

First off this forum is awesome, I have spent a lot of time searching and learning and there are some great ideas and experience here. I have tried to search for this topic but haven't had any luck.

Here is my scenario: Lived at an apartment complex for 1 year back in 2003/2004 and moved out on time when the lease was to expire but unfortunately I did not give them a "30 day" notice even thought I moved out on time. I always paid my rent on time and left the apartment in good clean condition.

During the lease my roommate had to move so we went to the rental office to have their name removed from the lease document and management claimed I was forfeiting my deposit because of this request. Looking back now this all seems a little "fishy".

So here is the question: What grounds do I have for fighting this because they sent me into a CA for a "no notice of moving" out fee. Thanks for any and all input.

[ShortBus]

What's your lease say?

[jetscarbie]

Just because a lease said something, doesn't make it legal. Check your Michigan tenant laws. Landlords have to follow the law. BUT usually most leases do require that you give at least 30 days notice.

Did you receive an itemized bill within 30 days after you moved showing breakdowns of why they were keeping your deposit. You should have. Most states require a landlord to do that.

Also, most landlords won't release someone off of a lease during the rental term (like a co-signer or roommate). What paperwork did you receive pertaining to this? Just go to "google" and type in MI tenant laws (if that's where you were at the time)

When I signed my lease years and years ago...they were over 82 sentences that my landlord put in. Over 50 of the "conditions" they listed....were unenforceable(illegal). One said that if I was over 5 days late on the rent...they had the right to change the locks and take charge of my possesions until rent and other dues were paid in full.

[Robert Nashville/Savannah]

Your lease and your applicable local landlord/tenet law will dictate what should have happened and what you, therefore, can do about it.

Bear in mind, however, that “doing” something about may not be easy (and could end up costing you more money). In other words, this is a fight that even if you win you may ultimately wind up worse off than you are now.

Giving thirty days notice is important for different reasons, not the least of which is setting things in motion that ultimately protect your rights (such as a walk-through with the landlord, etc).

You knew you were supposed to give thirty days notice – you didn’t – unless the fee is totally unreasonable or a real burden than I suggest you pay it and get on with your life.

[ShortBus]

Robert_Nashville used to really rub me the wrong way, but the longer I'm here, the more frequently I find myself agreeing with him.

There isn't any way you'll likely "get out of it" without a lot of ducking and weaving and even more luck. Unless the terms are unconscionable, your lease is a legally-binding agreement. The laws are very heavily tilted in favor of the leasee (for good reasons). But once you vacate, the vast majority of those protections are lost.

I'd recommend that you negotiate something directly with the management company. If you can do so quickly, you're quite likely to get them to call off their dogs and even get a PFD.

[Gravity357]

I second Robert. If the fee is like 100 bucks or so...pay it and be done.