Expert: Paul D. Friedman, M.A., Ph.D., J.D. - 5/13/2011

Question
Dear Dr. Friedman, Esq.:
My son signed a lease for an apartment last year in Richmond, Virginia together with my wife as a guarantor.  The lease is expiring next week (May 20th 2011).  My wife had mailed a form back in March 2011 to Leasing corporate office that the apartment will be vacated on May 15th as per the leasing agreement.  My son had also stopped by the leasing office in March to tell them that he will be vacating the apartment on May 15th to make sure that they know about it as well.  When a call was made to terminate the utilities we were informed that we had to call the leasing office.  When we called the leasing office we were told that the lease has been automatically extended for another 6 months since there is no paper-work on our intent to vacate on May 15th.  The only evidence we have is a pink copy of a 3 page form that we had mailed  in March.  The leasing office is saying that the corporate office has no evidence of white and yellow form to show our intent to vacate.  We did not send the letter by certified or registered mail.  So, now they want 3 months of rent to break the new lease.  FYI, They never sent us any indication of lease extension and are saying that it is automatically extended even though we paid extra money for a 10 month lease.  We are at a loss for next steps and need your guidance, please.  Thank you,
Best regards,
Ravi.

Answer
Ravi,

In most states, putting mail in the mailbox is presumptive of delivery and you generally do not need to send a letter certified.  Your wife can testify she mailed the document in March which serves as notification.  It sounds from your description as if the complex is trying to pull some fraudulent activity.  I suggest you send them a copy of the paperwork which was sent in March and tell them you expect your full deposit back in a timely manner.  I would also let them know that if they negatively report credit against your son or wife, you will seek compensation according to the Fair Credit Reporting Act.  If they sue your wife and son, I would present evidence of the mailing of the termination form.

Very truly yours,

Paul D. Friedman, M.A., Ph.D., J.D.