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Additional Details
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jaybwise | Is it possible to get out of a lease early? |
I have been leasing this apartment for three years and now im about to close on my new home. my lease ends in on nov 30th and I close in mid oct. when I informed my apartment they had me sign a 30 day notice and told me i still had to pay novembers rent. why would I have to give them a notice and have to pay the last months rent. I understand that i am in a contract and thats why I have to pay for november but why the notice. the way I see it if i sign a notice then i have to be out and they can move someone else in and collect rent from me and them. whats the best way to handle the situation??? |
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Samantha
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Most management companies for apartments require at least a 30 day notice when you are planning to move and that's so you are out no later than the day you say you plan to be out. So you can't stay any longer. Keep in mind that they have to get the apartment ready for a new tenant after you leave and that takes time. They will more than likely paint the apartment, have any carpet cleaned, and repair anything that isn't working or in excellent condition. If you go back and read over your lease agreement, I'm sure it's all outlined there. Unfortunately, because it probably is in the lease you signed, then there really isn't anything you can do. Just stick with your notice and of course, pay the Nov. rent.
Edit: Just a comment... the month's rent that they are requiring you to pay may not actually be for the November rent. It may be a fee for breaking your lease. I had a lease that I broke just a few months ago, and the fee that I had to pay was determined by how much time was left until the end of my lease. For example: more than 6 months would cause the fee to be 2 months rent, less than 6 months but more than 3 was one and one half months rent, and so on. So that may be the case. And if it is, it's also likely outlined in your lease agreement. If that's the case, then you are obligated to pay them and it's not illegal. Trust me. I have gone through this.
And also... in reading over the other comments... they more than likely will give you back your security deposit, but keep one thing in mind. Any repairs or cleaning that would need to be taken care of that aren't standard will be deducted from that deposit. So you may or may not get the full amount refunded to you. |
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Notorious
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If you have been a very good tenant (you probably are because your credit was good to get a home), speak with your landlord/lady or rental agency. You should be able to negotiate something especially if you live in a demanding rental market. You are concerned that your apartment could yield double rent for one month but I think you are missing the point. Your apartment would have to be restored even minimally for the next rental and that usually means that at least a month's rental income is lost.
Do not skip on your obligation because you could very well be reported to a Credit Reporting agency and have a bad credit rating even after you have obtained a mortgage and that could cause trouble for you. |
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cfranklinwf
 |
They cannot collect rent from you and someone else legally. I manage an apartment community and we have the same policy. They have to have the notice so that they can rent it out in December. If your contract went through the end of November then your apartment will be vacant until December 1st. Or at least that is how the law works here in Alabama. Good luck:) |
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?
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You can get out early with the landlords permission. They want a notice so they can have the apartment ready for someone new to move in. |
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joshybear
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Since you have rented from them for three years, the nice thing for them to do would be to let you out early without paying. Since it seems like they are not going to, make the best out of a bad situation. Do you know anybody who could use a free months rent somewhere? You could take the opportunity to clean the apartment really well and/or make repairs so that way they can't charge you a crazy amount for doing it themselves. I would try to talk to the person in charge to get out of it though, kill them with kindness! |
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fifty
 |
Just because something is in a lease doesn't mean that it is legal or accepted by the courts. Oftentimes the landlord has an obligation to minimize the damages to you which means he must advertise and attempt to find a new tenant asap. If he does, then in some states you might not have to pay that money.
Ask your landlord if you find a suitable tenant for Nov 1st, can you not pay Nov 1st rent and will they extend a year or a year and one month lease to that tenant. Some states will allow you to do this. You should look up tenant law in your state.
If the lease violates the laws and the landlord wrongfully keeps your money, at times you can collect treble damages. |
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Pandak
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You're quibbling, i.e., you're making a mountain out of a mole hill. It's one month's rent. Pay it.
I'm assuming you signed a 30-day notice in September. This is normal. You are telling them, in effect, that you will not renew your lease or continue month-to-month, effective Nov 30. If you move out Oct 15, that would at best give them two weeks to clean and refurbish your apartment AND find a renter. This is if not impossible, at least difficult. They could make a good faith effort to find a renter, but if they can't find one, they'd be out of your rent. So, you have to pay the rent. The best you can hope for is that if they find a renter (after in fact getting your apartment cleaned and ready after three years of occupancy), then they will give you a refund. But I wouldn't count on them finding a renter and getting your apartment ready (they have to schedule the cleaning and refurbishing). |
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my
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You did the right thing. If you have an advance payment, you can use that instead of paying another month. The reason why you are asked to pay for the last month is because you are in contract and it is not terminated. So to make it even, why not stay there for another month or you could ask your lessor to waive the fee because you did inform then earlier so they can post messages that the place is available by the time you leave. Although it would be difficult on your part because there will be a time when people want to see the place even at themost unholy hour. |
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mshoward1204
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As long as you are out of the apartment on or before your 30 days, or before your rent is due which ever comes first you are not obligated to pay them rent. And because you have given them your notice they have to give you your deposit back. |
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