BMW i5 and 5-Series Forum

Post Reply
 
Thread Tools Search this Thread
      02-14-2011, 06:56 PM   #1
NYCGP
WTF are you looking at?
NYCGP's Avatar
257
Rep
1,560
Posts

Drives: Bandwagon
Join Date: Jan 2011
Location: Jungle

iTrader: (0)

I am LIVID! (Rant)

I just left my management office in the apartment building I live in. On August 26th, 2010, I signed a one year lease renewal with a "Lease Rider" stating the following:

"The owner will allow early terminateion of the lease provided the tenant occupies said apartment for a minimum of five months and notifies Management in writing within sixty (60) days of intent to vacate."

Understanding this stipulation, I gave my notice in writing on December 15th, 2010. I stated I would be leaving at the end of February. I never received a response but I got a delivery receipt for the email. At the end of last month I stopped by the office to see if there was anything else they required of me before I moved out at the end of the month. They said they had no idea I was moving out and the women in charge had quit. I said, "No problem. I have confirmation, etc."

So I sent out all the info they requested. They haven't responded to me since the email was went on February 3rd. I checked my credit card bill today (I pay my rent using a CC. It is wonderfully convenient.), they charged me DOUBLE my normal charge for rent. When I got back to my building, I went straight to the management office and questioned the double charge and questioned why I have received no response in almost 2 weeks. His answer, "You have to stay through the end of March."

This is where things got really blurry. I completely lost my shit. They purposely double charged my CC rent for March, JUST IN CASE, I tried to leave. The guy I was speaking to said he was new and didn't know how everything worked, but I could contact this women tomorrow. I said, she can contact me, because I am canceling the charges RIGHT NOW. He also said that I misinterpreted the "Lease Rider". I have to stay for 5 months PLUS the 60 days. LIES. What I typed above is what the rider says verbatim.

I am so heated right now...
__________________
"It is better to be hated for what you are than loved for what you are not."
-André Gide
Appreciate 0
      02-14-2011, 07:01 PM   #2
solefald
Nigerian Prince
solefald's Avatar
Vatican City State
400
Rep
2,180
Posts

Drives: '11 F25
Join Date: Apr 2008
Location: San Diego, CA

iTrader: (2)

Garage List
'11 BMW F25  [0.00]
That's why I would *NEVER* do automated rent payments.

When I lived in Brooklyn many many many years ago, to move in, you had to pay the Super first month rent, last month rent plus another month rent as a bribe, for letting you move in. That shit was way too shady
__________________
Appreciate 0
      02-14-2011, 07:04 PM   #3
CollinsE90
Where my bitches
CollinsE90's Avatar
United_States
795
Rep
1,924
Posts

Drives: Cadillac coupe deville
Join Date: Mar 2009
Location: street corner checking profits

iTrader: (0)

Should of rescheduled
__________________
Appreciate 0
      02-14-2011, 07:05 PM   #4
Slops
Major General
Slops's Avatar
South Africa
190
Rep
5,417
Posts

Drives: 2005 C55 AMG
Join Date: Jan 2011
Location: Oxford

iTrader: (2)

Cancel the payment and move out. Tell them that you'll take them to court and fight this bullshit. I hate when people try to take advantage of you. One thing that you may have a hiccup on is the initial email... Even though you got a delivery confirmation, doesn't mean the right people read it and took action. One thing I would have done differently is to go directly to the office and hand deliver your notice. Any clarifications should have happened at that point. Good luck, and refuse to pay the double pay. Talk to your cc company and say it's an un-authorized payment.
Appreciate 0
      02-14-2011, 07:06 PM   #5
NYCGP
WTF are you looking at?
NYCGP's Avatar
257
Rep
1,560
Posts

Drives: Bandwagon
Join Date: Jan 2011
Location: Jungle

iTrader: (0)

Quote:
Originally Posted by CollinsE90 View Post
Should of rescheduled
ok that made me smile... maybe I chuckled a bit too.
__________________
"It is better to be hated for what you are than loved for what you are not."
-André Gide
Appreciate 0
      02-14-2011, 07:07 PM   #6
NYCGP
WTF are you looking at?
NYCGP's Avatar
257
Rep
1,560
Posts

Drives: Bandwagon
Join Date: Jan 2011
Location: Jungle

iTrader: (0)

Quote:
Originally Posted by Sloppy View Post
Cancel the payment and move out. Tell them that you'll take them to court and fight this bullshit. I hate when people try to take advantage of you. One thing that you may have a hiccup on is the initial email... Even though you got a delivery confirmation, doesn't mean the right people read it and took action. One thing I would have done differently is to go directly to the office and hand deliver your notice. Any clarifications should have happened at that point. Good luck, and refuse to pay the double pay. Talk to your cc company and say it's an un-authorized payment.
Wouldn't accept a hand delivered. They instructed me to email this specific person. I showed up in the office earlier in December. They told me exactly what to do, and I did it.
__________________
"It is better to be hated for what you are than loved for what you are not."
-André Gide
Appreciate 0
      02-14-2011, 07:12 PM   #7
Wakka
but no flokka
Wakka's Avatar
United_States
541
Rep
719
Posts

Drives: M2C
Join Date: Jun 2009
Location: Tampa

iTrader: (2)

charge-back. I bet they wont be too happy about it... but fuck that shit
__________________
Quote:
Originally Posted by BTM View Post
Entourage sucks. BTM hates everything
Appreciate 0
      02-14-2011, 07:16 PM   #8
Slops
Major General
Slops's Avatar
South Africa
190
Rep
5,417
Posts

Drives: 2005 C55 AMG
Join Date: Jan 2011
Location: Oxford

iTrader: (2)

Quote:
Originally Posted by NYCGP View Post

Wouldn't accept a hand delivered. They instructed me to email this specific person. I showed up in the office earlier in December. They told me exactly what to do, and I did it.
Wow... That's some BS. I would simply tell them straight up you'll take them to court then. Send it to the same address with read confirmation!
Appreciate 0
      02-14-2011, 07:17 PM   #9
JayKay335i
Banned
Egypt
198
Rep
5,046
Posts

Drives: ///M323 DCT
Join Date: Apr 2009
Location: North Dakota; its best DUHHHHHH

iTrader: (1)

Appreciate 0
      02-14-2011, 07:20 PM   #10
NYCGP
WTF are you looking at?
NYCGP's Avatar
257
Rep
1,560
Posts

Drives: Bandwagon
Join Date: Jan 2011
Location: Jungle

iTrader: (0)

Quote:
Originally Posted by JayKay335i View Post
o...m...g.

__________________
"It is better to be hated for what you are than loved for what you are not."
-André Gide
Appreciate 0
      02-14-2011, 07:43 PM   #11
Augenbrauezug
Captain
Augenbrauezug's Avatar
69
Rep
658
Posts

Drives: mk6 GTI
Join Date: Oct 2010
Location: Denton

iTrader: (1)

Quote:
Originally Posted by NYCGP View Post
"The owner will allow early terminateion of the lease provided the tenant occupies said apartment for a minimum of five months and notifies Management in writing within sixty (60) days of intent to vacate."

He also said that I misinterpreted the "Lease Rider". I have to stay for 5 months PLUS the 60 days. LIES. What I typed above is what the rider says verbatim.
Devil's advocate below, do not read if still heated:

It does sound like they intended you to occupy the apartment for 5 months before the notice to vacate. That being said, they should of worded it better. It would easily be argued in court, in your favor.

I HATE apartment management, most of the people that work in the finance department are total douche bags.
__________________
Bimmer-less ATM
Quote:
Originally Posted by JayKay335i View Post
Straight PIITB. Then eat dumplings.
Appreciate 0
      02-14-2011, 09:06 PM   #12
lopealle
Resident Black Guy
lopealle's Avatar
Zimbabwe
271
Rep
2,302
Posts

Drives: Lion
Join Date: May 2009
Location: Federal Way, WA

iTrader: (2)

Garage List
2006 M5  [10.00]
shooting spree of the office building?
Appreciate 0
      02-14-2011, 10:23 PM   #13
JayKay335i
Banned
Egypt
198
Rep
5,046
Posts

Drives: ///M323 DCT
Join Date: Apr 2009
Location: North Dakota; its best DUHHHHHH

iTrader: (1)

Quote:
Originally Posted by lopealle View Post
shooting spree of the office building?
Appreciate 0
      02-14-2011, 10:30 PM   #14
ideliver
Major
ideliver's Avatar
248
Rep
1,247
Posts

Drives: E60 M5, E71 X6M, E46 M3
Join Date: Feb 2008
Location: At the gas station

iTrader: (0)

Garage List
2006 BMW E46 M3 'vert  [0.00]
2008 BMW M5  [0.00]
2011 BMW E92  [0.00]
2012 BMW X6M  [0.00]
2003 E46 M3  [0.00]
Quote:
Originally Posted by Augenbrauezug View Post
Devil's advocate below, do not read if still heated:

It does sound like they intended you to occupy the apartment for 5 months before the notice to vacate.
this is how i read it...otherwise why have a one year lease??? so in reality you have a seven month lease...
__________________
Current: 2006 E46 M3 'vert 6-sp 2008 E60 M5, 2011 E92 328 6-sp, 2011 E70 N55, 2012 E71 X6M

Appreciate 0
      02-14-2011, 10:33 PM   #15
O-cha
Brigadier General
O-cha's Avatar
232
Rep
4,726
Posts

Drives: Mcoupe
Join Date: Oct 2007
Location: In front of you

iTrader: (2)

Written notification is the only way that stands up. If you certified mailed them it would be easy, but you didn't.

Want to be a real dick? Find stuff in your lease that is stipulated to be their job to maintain that they aren't. You can do things like withhold rent or even straight brake a lease that way. Read your state tenant landlord laws.
__________________
Appreciate 0
      02-14-2011, 11:30 PM   #16
ErvGotti
Major
No_Country
122
Rep
1,360
Posts

Drives: 2008 135i 6MT
Join Date: Jul 2010
Location: Aviano

iTrader: (5)

Garage List
2008 135i  [6.00]
I think they might have you, the way I read it is if you signed on the 26th of Aug then the 26th of Sept would be one month. So 26th of Jan would be the mandatory five months plus the 60 days would put you legally able to move out on the 26th of March. Basically you have to pay the month of March, you can get it pro rated for the 26 days instead of the full 30.

Since you signed at the end of the month, that you cant count Aug as one month. So Sept 26 would be the first month and Jan 26 would be the mandatory five and Mar 26 would be the 60 days notice time or date you can move out.

Either way Good luck with everything, I know how much it sucks trying to move out at times.

Last edited by ErvGotti; 02-14-2011 at 11:38 PM..
Appreciate 0
      02-14-2011, 11:53 PM   #17
Spoolin335
Justin Herass
Spoolin335's Avatar
Canada
359
Rep
1,205
Posts

Drives: X6M / M3
Join Date: Nov 2008
Location: Canada

iTrader: (7)

Garage List
2015 BMW M3  [0.00]
2012 Audi TTRS  [10.00]
2012 BMW X6M  [9.00]
2007 BMW 335i  [9.00]
I wouldnt worry to much, i would just cancel the charge.
A contract is a contract. Both parties need to abide by it.

Good thing you have confirmation on your email. That is going to be very valuable if they do pursue any legal action.
__________________

Appreciate 0
      02-15-2011, 05:44 AM   #18
schoy
Major
997
Rep
1,003
Posts

Drives: Melbourne Red E90 M3
Join Date: Apr 2010
Location: USA

iTrader: (0)

Quote:
Originally Posted by ideliver View Post
this is how i read it...otherwise why have a one year lease??? so in reality you have a seven month lease...
Disagree. Plain interpretation yields thusly --
Owner will allow termination if the following 2 conditions are met:
1) Tenant occupies apartment for at least 5 months; and
2) Tenant provides written notice of intent to vacate within 60 days.

No way this could be interpreted to be a minimum 7 month lease (to do so, additional language would have to be added that the notice could not be given until after the 5 months are up; I'm assuming no such language exists). It sounds like the OP met both requirements, and hence is in the right.

Caveat: One thing that is ambiguous is when notice is required to be given. The lease rider language says "within 60 days". Does that mean "at least" or "no more than" 60 days? A plausible interpretation is "no more than", meaning that a tenant could give 1 day notice and still satisfy that notice requirement.
Appreciate 0
      02-15-2011, 07:50 AM   #19
NYCGP
WTF are you looking at?
NYCGP's Avatar
257
Rep
1,560
Posts

Drives: Bandwagon
Join Date: Jan 2011
Location: Jungle

iTrader: (0)

Quote:
Originally Posted by schoy View Post
Disagree. Plain interpretation yields thusly --
Owner will allow termination if the following 2 conditions are met:
1) Tenant occupies apartment for at least 5 months; and
2) Tenant provides written notice of intent to vacate within 60 days.

No way this could be interpreted to be a minimum 7 month lease (to do so, additional language would have to be added that the notice could not be given until after the 5 months are up; I'm assuming no such language exists). It sounds like the OP met both requirements, and hence is in the right.

Caveat: One thing that is ambiguous is when notice is required to be given. The lease rider language says "within 60 days". Does that mean "at least" or "no more than" 60 days? A plausible interpretation is "no more than", meaning that a tenant could give 1 day notice and still satisfy that notice requirement.

Thank you. I even ran it by my Real Estate attorney. He said the same thing. There was only one interpretation for what they wrote. It is missing "in addition to" or any other connection that would make it 7 months. They stated I was required to live in the apartment for 5 months. I lived in it for 6.
__________________
"It is better to be hated for what you are than loved for what you are not."
-André Gide
Appreciate 0
      02-15-2011, 09:09 AM   #20
bolinp78
G35 convertee
bolinp78's Avatar
69
Rep
1,008
Posts

Drives: 2008 335i (AW)
Join Date: May 2008
Location: .

iTrader: (1)

That lease provision is written in a very unclear manner, which might have been their intent. There are so many better ways that it could have been written.

The word "and" in the middle COULD be interpreted to mean that the two events (occupying the apartment for 5 months and giving 60 day notice) must be performed in chronology, but in my opinion it is far too ambiguous to pin down.

I don't believe anything good will happen if you take them to court because this provision could be interpreted a few different ways very easily. I guess you probably wouldn't have to anyway since you paid with a CC
__________________
Appreciate 0
      02-15-2011, 09:15 AM   #21
Maestro
Major
1074
Rep
1,268
Posts

Drives: 2007 335i Sedan, 2021 X3
Join Date: Nov 2006
Location: Philadelphia

iTrader: (0)

I was going to saying the same thing about how they wrote the language, it is vague enough to allow them to interrupt how they want. However, in most states the laws generally favor the tenant over the landlord. Therefore, if you challenged it you would win, court do not like double talk in contracts like this.

The other thing I usually do with things like this and for your future reference is put a time clause in the letter. You simply put a statement at the end of your letter that says unless you hear otherwise from them within a period of time like two weeks or 30 days then you will take their non response as acceptance of what you stated in the letter. This put the responsibility on them to get back to you if what you are asking is not okay with them. No response mean they approve.
Appreciate 0
      02-15-2011, 09:40 AM   #22
Blake
Banned
No_Country
795
Rep
4,643
Posts

Drives: Chevy Aveo
Join Date: May 2008
Location: Parent's Basement

iTrader: (7)

either way, dispute the charges with your CC and say you were double charged and the merchant can't be reached to correct the charges.
Appreciate 0
Post Reply

Bookmarks


Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off



All times are GMT -5. The time now is 06:37 AM.




g60
Powered by vBulletin® Version 3.8.11
Copyright ©2000 - 2024, vBulletin Solutions Inc.
1Addicts.com, BIMMERPOST.com, E90Post.com, F30Post.com, M3Post.com, ZPost.com, 5Post.com, 6Post.com, 7Post.com, XBimmers.com logo and trademark are properties of BIMMERPOST