I still hate our landlord! QUESTION:
Here's our situation:
At the middle of May, we sent our 30-day notice to end our lease at the end of June (we'd been on a month-to-month lease since our initial one ended in Feb 2008).
We get an e-mail from our landlord stating that he required a 60-day notice.
We sent a 30-day (more than 30 actually) notice because one of the addenda to the lease said 30 days were required. However, in the lease, 60-days was handwritten in. I pointed out this addendum to the landlord, and he responded with: whenever there is a conflict between typewritten and handwritten (and it happens often), handwritten terms always trump. the 60 day notice is a handwritten term i know that it was clear to everyone at the time that 60 days notice from both sides is required (and fair- i wouldn't give you 30 days and think that was enough time to find a place and vacate) at any rate, you guys have been such good tenants, I will splt it with you and agree to a 45 day notice as long as the home is able to be shown by appointment in the meantime during reasonable hours. hope you find this agreeable. I interpreted this to mean that he would take a 45 day notice instead of a 60 day notice.
Anyway, we get our last month's deposit refund (this was not considered a security deposit, just "last month's rent"), and it's only half ($610 instead of the $1220 we were expecting). Needless to say, I'm pretty pissed. His note on our check (that was due 30 days after June 24 but just arrived today, 13 days late) said let me know that this amount correspondences [sic] with yours. According to our agreement, I was due 15 days of rent and I forgave 15 days.
Do we have a case for the other $610?
At the middle of May, we sent our 30-day notice to end our lease at the end of June (we'd been on a month-to-month lease since our initial one ended in Feb 2008).
We get an e-mail from our landlord stating that he required a 60-day notice.
We sent a 30-day (more than 30 actually) notice because one of the addenda to the lease said 30 days were required. However, in the lease, 60-days was handwritten in. I pointed out this addendum to the landlord, and he responded with: whenever there is a conflict between typewritten and handwritten (and it happens often), handwritten terms always trump. the 60 day notice is a handwritten term i know that it was clear to everyone at the time that 60 days notice from both sides is required (and fair- i wouldn't give you 30 days and think that was enough time to find a place and vacate) at any rate, you guys have been such good tenants, I will splt it with you and agree to a 45 day notice as long as the home is able to be shown by appointment in the meantime during reasonable hours. hope you find this agreeable. I interpreted this to mean that he would take a 45 day notice instead of a 60 day notice.
Anyway, we get our last month's deposit refund (this was not considered a security deposit, just "last month's rent"), and it's only half ($610 instead of the $1220 we were expecting). Needless to say, I'm pretty pissed. His note on our check (that was due 30 days after June 24 but just arrived today, 13 days late) said let me know that this amount correspondences [sic] with yours. According to our agreement, I was due 15 days of rent and I forgave 15 days.
Do we have a case for the other $610?