I submitted my 30 day notice with last months rent and the complex lost it. Can they charge me?

Question

I wrote a 30 day notice for my apartment complex and enclosed it with my rent check for June. We bought a home and are moving out at the end of the month. I got a call from the complex yesterday asking me if we've decided on terms for next month. I advised that I submitted the letter with my rent check on the 29th of last month. The complex can't find it. It's not in my file or anywhere else. I told them that I know they received it because they cashed my rent check. I've lived there for 2.5 years. Rent has always been on time. The office has made several clerical errors with our paperwork in the past, so this is not without prescedent. I don't have a receipt for the letter, aside from the fact that it was actually WRAPPED around the rent check and that was cashed. It's basically my word against theirs. Can they still charge me next months rent for what is completely their mistake? Also, my wife, the primary resident, never signed the lease and we have the original.

Answer 1

In the court, you have to be able to prove that you have given them a 30 day notice. You need to resubmit your notice ASAP personally and have them sign on your copy.  Mark on the letter with date and time that you served the notice.

I instructed my tenants always follow the notice with a call to make sure I know where to find their notice.

Answer 2

agree, no signed lease is no lease.

Answer 3

You don't have a signed lease?  Did they lose that too?  If that's the case say bye-bye you don't seem obligated to anything.

Answer 4

I used to work in the office at a large apartment complex. This does happen sometimes. Perhaps the person who was handling the rent payments threw out your 30 day notice and your check was posted to the wrong apartment #. If that's the case, then I know where I was working it was OUR mistake and we usually apologized and then allow the resident give notice without penalty. If you did not have any issues n the past with them I would think they would do this for you. And if they do not, then they are complete jerks.