Legal Question in Real Estate Law in South Dakota

My roommate and myself were coming back to college and were looking to rent an apartment. We found one that we liked and talked to the property management business. They said that they would do a lease agreement from September of 2010 to the last day in May of 2011. Both my roommate and myself were out of state at the time so the property management business Emailed us the lease and we were told to print it out, sign it and fax it back to them. We did so and now that we are nearing the end of May of 2011 we are aware that we are to vacate soon. I just spoke with the property management company to ask if there was anything that I would need to do further upon checkout and she said that we actually still have to pay a total of $265.00/person ($530.00 total). She said that the reason why is because we did not let them know a month ahead of time. She said that on their lease agreement it states, " IF LESSEE PLANS TO VACATE THE PREMISES THEY MUST NOTIFY THE LESSOR BY COMING TO THE RENTAL OFFICE TO FILL OUT THE FORM PROVIDED BY THE LESSOR, 30 DAYS PRIOR TO THE DATE OF VACATING. ALL VACATING NOTIES MUST BE GIVEN TO THE LESSOR ON OR BEFORE THE FIRST DAY OF THE MONTH. IF LESSEE VACATES PREMISES BEFORE THE INITIAL LEASE AGREEMENT EXPIRES, LESSEE IS STILL RESPONSIBLE FOR THE RENT UNTIL THE APARTMENT HAS BEEN RERENTED, WHICHEVER COMES FIRST. AFTER THE INITIAL LEASE ENDS, THE AGREEMENT WILL CONTINUE FOR SUCCESSIVE TERMS OF ONE MONTH UNLESS LESSEE TERMINATED BY GIVING A 30 DAY NOTICE (AS REQUIRED IN ABOVE PARAGRAPH). LESSEE IS RESPONSIBLE FOR THE RENT 30 DAYS AFTER THE DATE THEY NOTIFIED THE LESSOR OF VACATING, IF THE LEASE HAS EXPIRED. EFFECTIVE ON THE FIRST DAY OF THE MONTH ONLY. IF THE APARTMENT IS RE-RENTED BEFORE LEASE AGREEMENT HAS EXPIRED, THERE WILL BE A $50.00 FINDERS FEE TAKEN OUT OF THE SECURITY DEPOSIT." Also on our legal lease agreement, they have listed our apartment number incorrectly. We were to live in apartment 10 and on the agreement, they have listed apartment 3. The property management business does NOT send out any notification of this whatsoever nor do they notify us. In talking with my roommate, neither he nor I recall going over the lease agreement either with them. They are now making my roommate and myself pay for the month of June because we did not let them know before the 1st of May that we were planning to vacate after may. After asking the lady, that is in charge of our building, if she has had this happen in the past she replied that they have had this happen in the past. My question is, can they take me to small claims court if I refuse to pay them? Or can I take them to small claims court for making me pay them? Is this unethical business practice? She mentioned that they send out notifications to their properties that are closer to campus but they don't send them out to properties away from campus. If they wanted to get down to the nitty gritty of a contract, do I have any legal position on the fact that the legal document is incorrect in stating the wrong apartment number? Is there any way I can argue this position so that I dont have to pay this additional payment?


Asked on 5/28/11, 12:15 pm

1 Answer from Attorneys

Jim Craig Craig Law Office

The terms or the lease require the notice to preclude it from going to a month to month lease. You are stuck. Sorry.

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Answered on 6/01/11, 3:05 pm


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