South Roanoke Apartment Village

Review: My lease is up the end of September which I do not intend to renew due to buying a home. The management informed me this morning I could not move out at the end of my lease and would have to pay an extra month. It is my understanding that a lease is a legal contract only for the term of the contract and that since I'm giving them sufficient notice the contract should no longer be binding. My complaint is that South Roanoke Apartment Village wants me to live up to my end of the contract but wants to force me to extend my lease against my will.Desired Settlement: To end the lease according to the time frame of the contract.

Business

Response:

I am responding to the letter that you sent South Roanoke Apartment Village on behalf of Mr. [redacted] regarding his complaint of a contract dispute. I do not understand why he does not feel that he needs to follow a legal binding lease as it reads. I am providing you with Section 23 of the lease that speaks of Lease Terminations. Please see below: 23. TERMINATION OF LEASE. This Lease will automatically terminate at the end of the lease term. Tenant must provide landlord a written sixty (60) day's notice prior to the first of the month in which the lease expires of the intent not to renew. The termination of this lease will terminate Tenant's right to occupancy but it will not terminate any claims Tenant or Landlord may have arising out of events occurring during the lease term or during any holdover by Tenant. No agreement renewing or extending this Lease will be effective unless that agreement is in writing and signed by Tenant and Landlord at least sixty (60) days before the end of this lease. If Tenant fails to sign a replacement lease or lease renewal or extension agreement which has been signed by Landlord and delivered to Tenant, Tenant's payment of rent as provided in such agreement shall give that agreement the same effect as if it had been signed by Tenant and delivered to Landlord. If Tenant remains in possession of the Premises after the lease term is terminated or expires and Landlord consents to such holdover but does not enter into a written agreement extending this Lease or substituting a new written lease, Tenant shall have a month-to-month lease subject to termination by either party upon thirty (30) days written notice to the other party. The monthly rent during such holdover period shall be at the same rate as under this Lease or as otherwise agreed in writing. If Landlord does not consent to the holdover, the monthly rent during such holdover period shall be at the same rate as under this Lease plus $75.00 per month liquidated damage fee. This is also stated in the Rules and Regulation Booklet that is given to each tenant, has to be signed for and is legally binding as well. Mr. [redacted] came into the office on August 5 about mid morning to pay his rent and stated that he was not going to renew his lease. He was told that he had to give us his notice in writing and that it had to be sixty (60) day's notice prior to the first of the month in which the lease expires of the intent not to renew. He was told that he had to give 60 day notice and that it would now take effect September 1st, and go through the end of October. I do not know why Mr. [redacted] feels he does not have to comply with what is written, in his words a legal binding contract. Mr. [redacted] notice to vacate was placed in our check drop box and received on August 6, 2013, I do believe the matter could have been resolved if he had taken the time to come into the office and speak calmly with one of the managers. As stated in Mr. [redacted] complaint he was not told he could not move, he was told that we require the 60 day notice and that he had to payout that time frame. Mr. [redacted] is welcome to come into our office to discuss this issue to seek a resolution in the matter. Our office hours are: Monday-Thursday 9:00am - 4:00 pm and Friday 9:00am - 12:00 noon. Respectfully, South Roanoke Apartment Village [redacted]Property Manager c: [redacted]