Apartments for Cheap

Questions and Answers

Your Questions About Apartment Rental Agreement Form

August 22, 2012

William asks…

How to end a rental agreement before fxed term?

Hi,

We rented one basement apartment for a fixed 1yr lease via a property management company. We signed the agreement for 1yr fixed term lease and signed the PRTB form but we r not registered yet. We gave them the deposit and 1 month rent. We are not moved yet. But after spending a few hours we find that its not suitable for my pregnant wife as she feels suffocation. Also we are afraid of our expecting newborn suffering from the humid, damp conditions of the apartment.

So we dont want to live there. We are not afraid of losing our deposit or 1month rent, but really afraid of our health and our future babys health. Is it possible for us to end this contract? Its only a few days old. If they asks to find another for sublet, we are really not in good physical and mental state to spend time to find someone in the middle of our busy work hours. Will they sue us to pay the whole 1yr rent? We are really feeling helpless.

Regards.

Administrator answers:

I would talk with the management company and give them your reasons for wanting to cancel your lease. They are entitled to keep your deposit and months rent.

It is up to them if they ask you to find another tenant to fill the remainder of your lease. I think they will not ask you to do so since you never did move in and they have enough time to place adds for another tenant.

Richard asks…

How to end rental agreement?

I live in an apartment, and the one year date is approaching. The lease states we must give 2 months notice to vacate in writing.

In past apts. I’ve lived in, there has been a specific form to fill out, but I’m having a dilemma here. No one will answer or return my calls. In the last 2 weeks I’ve called about 8 times and left messages, but no one will call me back. I’ve left it on the main line, with 2 people who own the complex’s cell phones, but no response. I’m documenting it in a log in case I ever need it.

Since I can’t get a hold of anyone to give me the proper procedural way of doing this, can I just type out a statement that basically says we’re not renewing, sign it and send it by certified mail? Will that suffice?
I know it doesn’t mean anything if it’s not in writing. I want to know if my way of doing it will be legally binding because they won’t tell me how they want me to do it. I think it will be, but I want to cover all my bases.

Administrator answers:

Write something like this on a letter sized paper in a formal business letter format:

Dear sirs/madam;

Please accept this letter as my intent to vacate my apartment at the end of the current lease agreement period that ends on blah,blah, blah. Thank you.

Signed by the lease holder

Then, hand it to a lease manager at the apartment office. Keep a copy for yourself for future reference. If no one is there to accept the letter, then mail it certified-return-receipt from the post office.

Be aware though, once you do this, you are committed to leaving the apartment. You cannot change your mind later.

Sandra asks…

Can they come in and spray toxic pesticides or poisons inside my rental apartment against my will?

I recently discovered a mouse in my apartment, which I caught on a glue trap and had a maintenance person remove. There doesn’t seem to be any more mice, but who knows? The management says that they want to send a pest control person in to take care of placing traps or poison. The problem is actually that the structure is damaged inside and needs to be repaired so that nothing can get in. I’m concerned that the owner and management will not repair the structure as necessary to actually fix the problem but instead will spray toxins and poison. I told them I refuse to have toxins or poisons placed in my apartment (these chemicals are highly toxic and carcinogenic). They’re telling me to let the pest control people “do their job.” I do not object to an inspection. I only said I don’t want anything toxic sprayed or placed.

The only thing my lease agreement says is the following:

“Resident will allow Owner to enter the premises at reasonable times to make such repairs, supply services, protect the premises, and exhibit the premises to prospective residents, purchasers, workmen, contractors, or mortgagees. Without limiting other forms of reasonable notice, written notice of such entry delivered or posted on resident’s door 24 hours prior to the entry shall be reasonable notice. Owner may enter the premises without notice or consent in the event of an emergency. Written notice of entry shall not be required where the repairs are performed within 7 days of a request by resident or when owner is accompanied by a public official conducting an inspection or a cable television, electric, gas, or telephone company representative or in any other situation where notice is excused by law.”

Can they come in and spray toxic pesticides or poisons inside my rental apartment against my will?
Canuck: My POSSESSIONS? My main concern is my HEALTH! I don’t want to live in a toxic environment!
Snarkus Maximus: You are very rude. My apartment is kept spotless. The problem ORIGINATES from mice getting in where there is a utility closet that has holes in the sheetrock where pipes are coming through the floor. You have some nerve to suggest I keep my home unclean.

Administrator answers:

Yes they can come in and spray and what not but they cant use harmful chemicals but if you choose to dispute this it will probably lead to court tenants are supposed to be able to pick the treatment chemicals check your local laws for tenant rights and go from there

Thomas asks…

Am I being scammed or is this standard stuff?

So I did some apartment hunting on craigslist and I found a great apartment. I e-mailed the person who had put the ad up and they told me how they were in Africa with their family and needed somebody to take care of their apartment in our city. He told me to Western Union over $600 (first months rent) and he would ship me the keys and legal documents. I sent him the fee (to his “attorney” apparently.. I’m desperate for a place to stay so maybe it wasn’t the smartest decision). Now he sent me this e-mail:

I contacted my attorney, and i told him i will be renting my house to you, so i forwarded all the emails between us, and he(attorney) is very pleased with your application form and your pics he also stated he is sure you will take good care of the apartment.I also told him you have made payment for the deposit($600), and he stated for everything to be Legal i have to send you a lease form to sign and that you are to pay the last month rent which is $600 since you want to move in asap,making it a total of $1200 as the move in cost, which you have paid $600, making the balance $600.As i have stated in the agreement form the rent will be due on the first of each month.I will be sending the keys for the apartment,as soon as you agree to the terms and condition in the Rental agreement form and go ahead with the rent($600) via western union with the same payment information you used in making the Deposit.As soon as you make the payment you are to print out the Rental Agreement Form, then sign on it. After which you will be sending it back to me,my signature has been included in the lease so once i confirm the payment and then instruct the DHL agent to go ahead in sending the keys and document to you. I will like you to Confirm the address you will like me to send the keys and document so you could be in possession of it as soon as i confirm the rent,I am so happy you will be my new tenant. :( WOW. I am an utter idiot. Well this sucks.. I practically just handed that POS $600 :( :(.
Okay so I sent him this message:

“Yeah, hi, I am no longer interested in your apartment. Please tell your “attorney” to return my fee or I will have to contact the authorities. Thank you :)

Administrator answers:

100% scam.

There is no house or apartment for rent.

There are stolen picture of someone else’s dwelling.

There is only a scammer trying to steal your hard-earned money.

The next email will be from another of the scammer’s fake names and free email addresses pretending to be the “attorney” and will demand you pay, in cash, and only by Western Union or moneygram.

Western Union and moneygram do not verify anything on the form the sender fills out, not the name, not the street address, not the country, not even the gender of the receiver, it all means absolutely nothing. The clerk will not bother to check ID and will simply hand off your cash to whomever walks in the door with the MTCN# and question/answer. Neither company will tell the sender who picked up the cash, at what store location or even in what country your money walked out the door. Neither company has any kind of refund policy, money sent is money gone forever.

Now that you have responded to a scammer, you are on his ‘potential sucker’ list, he will try again to separate you from your cash. He will send you more emails from his other free email addresses using another of his fake names with all kinds of stories of great jobs, lottery winnings, millions in the bank and desperate, lonely, sexy singles. He will sell your email address to all his scamming buddies who will also send you dozens of fake emails all with the exact same goal, you sending them your cash via Western Union or moneygram.

You could post up the email address and the emails themselves that the scammer is using, it will help make your post more googlable for other suspicious potential victims to find when looking for information.

Do you know how to check the header of a received email? If not, you could google for information. Being able to read the header to determine the geographic location an email originated from will help you weed out the most obvious scams and scammers. Then delete and block that scammer. Don’t bother to tell him that you know he is a scammer, it isn’t worth your effort. He has one job in life, convincing victims to send him their hard-earned cash.

Whenever suspicious or just plain curious, google everything, website addresses, names used, companies mentioned, phone numbers given, all email addresses, even sentences from the emails as you might be unpleasantly surprised at what you find already posted online. You can also post/ask here and every scam-warner-anti-fraud-busting site you can find before taking a chance and losing money to a scammer.

If you google “fake apartment house for rent”, “fraud Western Union rental scam” or something similar you will find hundreds of posts from victims and near-victims of this type of scam.

Mary asks…

How can I report an attempt to commit fraud?

I posted an ad on Craig’s list looking for an apartment. I received a reply from someone claiming to have one for rent. They claimed to be living in the US, so they would be unable to show the apartment, but the sent photos of the place. I eventually got them to give an address and I was told to feel free to go and look at the outside and the area where it was situated. They also sent me a rental agreement form to fill out. They were asking for first/last months rent. When I went to look at the address they provided I found a run down home that was already occupied. I have since cut of communications, and didn’t lose any money, but I’m concerned that this may happen to someone else and I’d like to report it to save someone else being defrauded. This occurred in Ontario, Canada, so I would like to know who to contact to report it.
To clarify, the pictures I was sent showed a large, open concept apartment with new hardwood floors, a sliding door onto to a balcony. The person claimed to be a retiree who wanted to sublet the apartment, completely furnished, and that it was empty and I could take immediate possession if I sent him first/last months rent..

Administrator answers:

You can report all the information you have at

www.scamwarners.com

Did you report it to craigslist? I’m not sure if they have an area for that but you could check.

Betty asks…

Is my rental lease agreement still legally valid?

Is my rental lease agreement still legally valid if they made mistakes while filling it out?

me and my fiance moved into new apartments on July 18th 2010. we payed all that they told us to pay and moved in. no problems… now a month later we get a letter on our door from the manager… saying we owe money because they made mistakes on calculating the rent.

so we went down to the office and went over the lease together… first off some of the forms stated 17th as move in and others stated 18th. also the numbers were way off.
EXAMPLE: contract stated we owed $718.33 on move in but they asked us to pay $773.33 (and we payed it) now the letter they sent is stating that we owe $46.00 more (but there is no due date) we have already payed $55.00 more then stated and now they want more…

so did they already break the contract? by making mistakes and asking us to pay more?? we all signed the contract… im so confused

so do we have to pay the difference?
if we have to pay the difference when is it due by? (it has no due date)
is the lease agreement still legally binding?
do we have to start a new one?

PLEASE HELP!!!!

Administrator answers:

What day did you move in? Do you have receipts to prove that since there are two different dates on your paperwork?

Your pro-rated rent is calculated like this: Amount of Monthly Rent / 30 = daily rate * number of days left in the month.

Yes, your lease is legally binding. You should sit down with the manager and have him/her go over all the numbers with you to show exactly where they made their mistake. Don’t be shy about asking questions if you don’t understand something. And don’t let the manager intimidate you. This is your money you are talking about!

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