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Re: (automatic) Rent Renewal

Posted by TenantNet on August 30, 1997 at 11:35:04:

In Reply to: (automatic) Rent Renewal posted by Kenneth Lee on August 27, 1997 at 12:42:56:

: We received a rent renewal contract about 80 days prior to the end of our
: lease, which stated that if we did not respond in writing by a certain
: date, we would be locked into another year long lease and we would have
: to begin paying the new amount for rent.

See the small print on your original lease as it may speak to this issue.
There are things such as automatic renewals -- but it depends where you
are and the local law. Also some clause might be deemed "unconscionable"]]
and/or unenforceable.

: All of us were intent on leaving
: the apartment pretty much the day we moved in (that's a long story itself)
: Anyway, it turns out two of the roommates wrote the management company
: telling them that they were not planning to renew. The other two of us
: never saw the renewal agreement, we were just told that we should write
: a letter to them, but never why. So we figured, why bother, we've never
: had to tell someone we were moving out before, why start now?

But were you signatories on the lease?

: Anyway we get a letter from the management company informing us that we
: were ALL liable for September's rent and as far as they were concerned
: we were on the lease for another year. Keep in mind we never signed this
: lease renewal form.

: So, I do a little research on our original lease. It had a section under
: lease renewal and I noticed a few things. First of all, there was no
: mention of any automatic renewal.

Then they can't impose one -- it's not something anyone agreed to.

: Secondly, it stated that the landlord
: was to offer us this renewal at least 120 days in advance (she gave us
: 2 1/2 months).

That's probably not material, but worth raising.

: Thirdly, it stated that if the tenant did not reply
: indicating their consent to renew the lease, it would be considered a
: rejection.

There you go -- you have it in b&w.

: I attempted to talk with the management company regarding these issues,
: but they refused to talk with me, stating that "they had nothing to
: say and that everything was in writing."


: Am I in the right here, or do we have to surrender our security deposit
: to these people? The rest of my roommates do not feel too intent on
: fighting this, figuring they weren't going to get their security deposits
: back anyway. But I on the other hand have no desire to give it up without
: some sort of fight. But what would you people recommend?

Getting deposits back is hard enough itself, so this is just another
scam. Contact your local attorney general or consumer protection offices,
or consider smll claims court--that is if you didn't withhold the last
month's rent (August) to get it back.
Be prepared for a fight and a lot of nonsense from the owner.

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