I'm currently in a dispute with my landlord over a 30-day written
notice issue. Basically, I left a phone message with the landlord that
was more than 30 days prior to the end of my lease stating my
intention to move out at the conclusion of my extended lease, recieved
a call back the following day but no message, and assumed that the
verbal notification was sufficient and that my lease was periodic.
After I received a notice 2 weeks later stating that they wanted me to
renew, I called the complex and learned that I would have to pay for 2
additional weeks of rent past the extended due date of my lease,
dispite the fact that I would be moved out by the time my lease had
expired. My landlord is saying that my lease is a tenancy for years
Here is the wording on the lease:
The first paragraph of the lease is this: ... does hereby lease to
Resident, and Resident does hereby lease from Apartment Company, for a
term commencing on the 9th day of July, 2005 and ending on the 8th day
fo July, 2006, both dates inclusive, unless sooner terminated as
herein provided, the following described premises in Indianapolis
Indiana known as...
Later in the lease, on page 4, the following paragraph exists:
Resident agrees to notify the Apartment Company, in writing, not less
than thirty (30) days prior to the expiration date of this lease, if
the resident does not intend to enter into a new lease of a like term
for the leased premises upon the expiration therof. Notwithstanding
the foregoing, Apartment Company reserves the right to increase the
rent and otherwise alter the terms of this Lease for any additional
term, or to refuse to allow Resident to extend or renew this Lease for
an additional term.
My first question is this: Would this contract be considered a
periodic (i.e. ends at a specific time as stated on the first page),
or a tenancy for years agreement (continues if notice is not
received)? Legally, can a contract be both of these things?
Secondly, we also signed a "friendly extension" with the landlord,
whereby we were asked to sign what looks like the first page of the
July lease agreement (except that specific items are written in
handwriting instead of typed) with new dates (July 9, 2005 to August
31, 2006) and were told this was our friendly extension. We were not
given a copy of any additional pages when we signed this extension.
Does signing the first page of the lease document legally bind us to
the clause on page 4, stated above, of the old lease document?
Thirdly, the company has placed a clause in its lease that the
resident pay attorneys fees "in the event of the retention,
employment, or use of an attorney by Apartment Company because of any
violation or breach of any term, condition, provision, covenant, or
agreement within this lease, or threat thereof, for enforcement
thereof or default hereunder." Does this mean that I should not write
a letter to the landlord stating my disagreement with their policy, or
else possibly incur attorney's fees in my rent payment?
Any suggestions as to what I should do at this point?