What happens if my move-out contract wasn’t dated?

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What happens if my move-out contract wasn’t dated?

My apartment complex didn’t date my move out notice. I moved out on 05/06 and was told to pay the prorated rate of $114. I forgot to change my automatic bill pay and still payed the full $570 for the month of May. The people in the front office said not to worry, I would get a refund. I called corporate today and they won’t refund my money because the move out notice wasn’t dated 30 days before the first of the month I was moving out in. It was put in their computer system as 04/05. Can I get the $456 back?

Asked on May 24, 2011 under Real Estate Law, Nebraska

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well if the contract was not dated, I would argue the date they put the matter in the computer is the true date. If it is, you gave the landlord plenty of time (31 days). So at this point I would put your position in writing and contact the consumer protection agency in your state that handles landlord tenant matters. Further, I would if the first doesn't work, file the matter in landlord tenant or small claims court to obtain your refund plus court costs.


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