Can my apartments charge me a fee for not giving a written notice but they sent an email for lease renewal an i denied it?

UPDATED: Sep 30, 2022

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Can my apartments charge me a fee for not giving a written notice but they sent an email for lease renewal an i denied it?


My apartments sent me an email on May 19th for a new ‘lease offer’ I denied it
because rent is going up 250. After i denied it a message popped up and said
‘thank you for letting us know you’ll be moving out 7/24/2017’. seems simple?
Well when time came to pay for my last months rent I noticed my rent wasn’t
adjusted I went in the office and the lady told me in the lease agreement it states I
need a 60 written notice. When I brought up the website she told me I just go
automatically to month to month.. Im just confused as to the email they sent and
the message that followed. They are trying to charge me 1250 fee for the 38 days
I didnt give them but my apartment is up on the website for 4 days after I move
out. What do i do?

Asked on July 3, 2017 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the lease states that you owed them 60 days notice, you had to provide it; a lease is a contract, so you wre obligated to a contractual agreement that you would provide them 60 days notice. That means that if you provide less notice than that, they can still charge you for the lesser of the balance of the notice period (the 60 days) or until they actually rerent the unit (if a new tenant starts paying before the 60 days are done).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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