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Hello, and thank you in advance if you can answer this question. I live in NC, and my lease was set to expire July 1. However, since I can move earlier than that, and since I have shown the unit to other tenants willing to take over the apartment before July 1, I went ahead and broke the lease, with the understanding that there would be no penalty as long as the landlord could secure the new tenant's lease. So they've secured a new tenant, who is taking over the apartment on June 14. Oh well, so I only save two weeks rent. No big deal, but here's the issue...
So even though the last date is now June 13, my landlord is requiring that I turn in keys June 1, but still pay utilities and pro-rated rent until June 13. Can they make me pay for two weeks when I won't even be in there? Why not just have me turn in the keys June 13 if I have to pay for those two weeks?
No. It's called double dipping. He can make you pay rent until July 1st as long as nobody is paying rent and occupying the unit. As soon as someone else agreed to take over your lease and it was agreed by all you should stop paying rent on June 14 if that's the day the new occupant takes possession. Now if the guy doesn't take possession until July 1st you can be liable for the rent and utilities unto that day.
No. It's called double dipping. He can make you pay rent until July 1st as long as nobody is paying rent and occupying the unit. As soon as someone else agreed to take over your lease and it was agreed by all you should stop paying rent on June 14 if that's the day the new occupant takes possession. Now if the guy doesn't take possession until July 1st you can be liable for the rent and utilities unto that day.
The OP is not paying rent through July 1st, but through the 13th since the new tenant moves in the 14.
OP you can't move out the 13th and expect the apartment to be ready the next day for a new tenant. The LL is going to need some time between tenants. When I moved out of my apartment early, they wanted a min. of 5 days between tenants. You can see if they'll shorten that time some. I guess it depends on what needs to be done with the apartment, mine only needed a fresh coat of paint and new blinds (they were old and starting to crack). Your lease was supposed to go to the end of June, but since they were able to find someone to take over for the last 2 weeks of your lease, you are not paying for those days.
But you should be able to turn off the utilities once you hand over the keys.
Thank you for your help. Yes, I agree it makes sense that the landlord would need some time between tenants. I just wouldn't think I would need to pay that. If I fulfilled the lease until July 1, I wouldn't be expected to pay for 2 more weeks after that. So, in a way, this is a penalty for leaving early. At least I should be able to fight the utilities issue.
The OP is not paying rent through July 1st, but through the 13th since the new tenant moves in the 14.
OP you can't move out the 13th and expect the apartment to be ready the next day for a new tenant. The LL is going to need some time between tenants. When I moved out of my apartment early, they wanted a min. of 5 days between tenants. You can see if they'll shorten that time some. I guess it depends on what needs to be done with the apartment, mine only needed a fresh coat of paint and new blinds (they were old and starting to crack). Your lease was supposed to go to the end of June, but since they were able to find someone to take over for the last 2 weeks of your lease, you are not paying for those days.
But you should be able to turn off the utilities once you hand over the keys.
Hogwash. The tenant is only required to pay rent for the days that the unit has remained empty. Getting a rental ready for the next tenant is an expense the landlord has to cover as a part of running a business.
Does not sound legal to me. In the typical circumstance one tenants lease and possession/occupancy ends on the last day of the month, and the next tenants lease and possession begins on the first day of the next month. If the landlord wants time in between tenants to prepare the unit they must leave space between the leases, and the landlord eats that cost. A landlord may not force a tenant out of a unit before the end of their lease in order to prepare a unit and still expect them to pay. If a tenant chooses to move out a few days early, that has to be their decisions, and not the landlord's.
In your case, you and your landlord have essentially come to an agreement to shorten your lease. I would make certain that you get this agreement in writing, and come to a consensus on the new end date for the lease. If the end date is June 13, then you pay utilities and rent through that date. However, the landlord cannot require that you surrender your keys any time before the 13th. If he requires that you return your keys on the first, that could be seen as the landlord terminating your lease, not you, and your obligation to pay should end on that date.
^^This. If the LL wants you out prior to 'your' actual agreed upon date and rental obligation, then the LL needs to compensate you in some way for leaving earlier. So in this case, you should not have to pay rent after the 1st once you turn over the keys NOR should you pay any utilities so make sure to shut them off if you do agree to leave on the 1st with compensation. Make sure to get it in writing if you do agree to it with compensation. If LL won't compensate you by not having to pay rent after the 1st then I would not surrender the place until the 13th.
Bottom line, if LL wants to be stubborn and not compensate you for his request for you to leave early then it is too bad, so sad that he will have to be in there working his butt off getting the place turned over in just a few hours overnight on the 13th.
IF the utilities are in your name contact the Companies & have them turned off or meters read. Let them know ahead of time what day you want this done. No you are not responsible for the utilities After you turned in your keys.
They can't make you move out and pay rent at the same time. Just tell them if they want keys then you aren't paying and write it up and make them sign it before you turn over keys. All your addendum needs to do it cite the lease, describe the changes to the lease, and have all parties sign it.
Thank you all for your advice. I'm happy to hear that my concerns are justified. I've politely e-mailed the LL and they are not budging.
Their response: "We have to get the property ready for the new tenant. We always do 12-15 days for turn around that is why we ask that you are out by the 1st. That will give us time for any repairs and cleaning that will need to be done as well as our move-in video. You are responsible for rent until the new tenant moves in."
This isn't just a random LL, it's a property management company. I feel like there's nothing else I can do but suck up the $500 hit...
Thanks anyway.
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