Apartment Rental Lease Extension Request Misunderstanding - Do we have to pay?

Question

My girlfriend recently requested for a lease extension of ten days through an email to our Apartment leasing management. In short the email asks : " Is it possible to to get an extension of 10 days for our apartment? We would really like to get this extension if possible."

The management Calls back and tells us: "We never usually do these kind of extensions but I will contact the other tenant who will be moving in and see what we can do. "

The next phone call they give back to us comes 5 days later and is as such, " I have been able to contact the other tenant and he has switched his move time and flight schedule and will move in 15 days after his original move in date. You now have the extension of 10 days."

However at that time we already settled our move dates and did not need the extra 10 days. The management now accuses us of messing them up and Requests us to pay for those 10 days. However we never made an agreement with them. Can they make us pay?

Thanks

Answer 1

For anything in real estate to be enforceable it usually has to be in writing and signed by both parties. So long as the written agreement between you and your landlord says you’re moving out on the original, not the extended date, they shouldn’t have a case against you.

I can see both sides of this issue though. You probably thought that after five days, you weren’t going to hear anything so you made other arrangements. Your landlord did make the accommodations you requested, though, and they’re going to be out two weeks of rent as a result.

Answer 2

If you requested an extension and the management can prove it, then I'm afraid you will be responsible for the 10 days.  You should have called as soon as you knew you wouldn't actually need the extension.

Answer 3

Although verbal contract are enforceable (sorry to the prson that said only written contracts are valid), I don't see that an agreement was actually reached.

Your girlfriend asked for an extension, they said they would see what they would do. It took 5 days for them to call back. What you don't say is whether they left a message about now allowing the 10 days extension or if your girlfriend spoke to them and indicated that would be good.

If during that conversation she "accepted" the 10 day extension, you need to pay it. If she did not or told them too late, then no you do not have to pay them.

Merely asking if it is possible to get an extension is not agreeing to the extension itself.

Answer 4

Here's what I suggest...

Search deep in your soul for this one... you guys specifically asked for a 10 day extention. As a result of your actions, the new tennant has changed their flight schedule and plans.  I'm sure it's not something they could have changed in a day. It probably took a day to contact the new tennants and the new tennants probably had to spend a few days to accomodate. Now that you no longer need the 10-day extention, you plan on stiffing the landlord of the $$ he would have gotten had he just not changed anything? Basically you asked for people to change their lives around what you and your girlfriend asked for (and they accomodated you) and yet you will not pay for it?

That is not only shady, it is completely immoral, even if the landlord has no case against you since there was no agreement in writing. If i were you two, i'd write a check to them for the 10 days and then apologize for even suggesting that we weren't going to pay for it. In addition, if you do not do this, good luck on *EVER* getting a good reference from your landlord in the future (this is a selfish reason to become "moral" on this issue... but hopefully this "Selfish" reason will help you see the light)

Sorry, but you should be ashamed of yourselves... the world does not revolve around you. The more you try to pull this stuff, the more people do not want to trust others. Don't contribute to the lack of ethics that plague this world.

That's my $0.02... no sugar coating.