Virginia - Student Apartment, End of Lease, 60-day notice

[mvisconte]

Hello,

I am a parent of a student that just graduated college in another town. My wife and I are the lease holders, but my son is the tenant. Now that his college term is over, we were planning on moving him from his apartment about 2 weeks prior to the end of the lease term.

We were told today (less than 60 days from the end of the lease) that because we did not send notice w/in 60 days, that we have to continue to pay for the apartment.

I do not have the lease agreement in front of me, but I would think that we would have to let them know if we intended on STAYING, not leaving. My wife called the company office and was told by the clerk that notice was sent out prior. We, as lease holders, are billed at our house address. Any notice should have come to us, and we have none. None was sent to my son, either, although he is not the lease holder, just tenant.

We are told that we will need to pay at least an additional month's rent (apx $400).

Are there any options? We received no notice, so could not respond. We are the only ones who could commit to an extra time period. The location of the apartment is a college town, and they are aware that students graduate and move away. Are we being held up? Is there any option that won't end up with us having to pay an extra month's rent for no good reason?

Thanks,

Not happy in Virginia

 

[army judge]

Read the lease.
Reread the lease.
The lease probably has a clause allowing this "penalty", if you fail to notify them of your departure less than 60 days before expiry.

Read the lease.
If it isn't in the lease, you can't be charged.

If it is, you can.


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[mvisconte]

Thank you ArmyJudge. My wife retri3eved the lease and read it to me over the phone. We may be on the hook for this one. We originally got a 13 month lease (due to him taking an extra summer school course), which I would have hoped they would interpret as "we specifically need THIS long for our lease..."

I'll make the argument, but I don't know if they'll listen. Hey, if they lease it out (to new students) before the end of the extension, will we be able to argue that we should get a portion back?

I'm not really happy w/ their management right now, but that's what's in the lease... you don't think about that with 12-13 months to go.

Sent from a plain old desktop using FireFox.

 

[army judge]

Thank you ArmyJudge. My wife retri3eved the lease and read it to me over the phone. We may be on the hook for this one. We originally got a 13 month lease (due to him taking an extra summer school course), which I would have hoped they would interpret as "we specifically need THIS long for our lease..."

I'll make the argument, but I don't know if they'll listen. Hey, if they lease it out (to new students) before the end of the extension, will we be able to argue that we should get a portion back?

I'm not really happy w/ their management right now, but that's what's in the lease... you don't think about that with 12-13 months to go.

Sent from a plain old desktop using FireFox.

Well, you're welcome. At least you know why now.

You're also onto something else, mitigation. If the unit is rented to a new tenant, you are entitled to the return of some of your money.

Bear in mind, that only applies if the lease doesn't or hasn't assessed the money as a penalty. At any rate, keep your eye on it, and when the time comes; ask! Most landlords will usually do the fair thing, not the greedy thing.



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[mvisconte]

Thanks again. This is an expensive mistake, and in my present mood I am willing to fault the landlord, but it's all there in black and pink.

We'll make sure to check my daughter's lease before it's time to move HER back home!