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Old 03-31-2017, 04:36 PM
 
3 posts, read 3,461 times
Reputation: 15

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I have a coworker who signed a Lease on an apartment through April. In February, they bought a house. In early March, they gave notice that they would be moving out in March.

The landlord refused to release them from their lease, so they are still paying rent through April.

Now the landlord wants them to return the keys. They want to get the apartment ready for new renters. They said they already have to unit rented for the last week in April.

The last week in April?? My coworker is still paying RENT for the entire month of April. How can management rent the unit out to someone else, while my coworker is still in a Lease and still PAYING for the unit?

I feel like he should refuse to hand over the keys, and the apartment should not be allowed to rent the unit out while the Lease is still active.

Am I being unreasonable? What's the legality around this kind of situation?
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Old 03-31-2017, 04:41 PM
 
Location: Rochester, WA
3,828 posts, read 2,050,555 times
Reputation: 10557
He shouldn't be able to collect double rent. But I would not stand in the way of the landlord getting the apartment re-rented. I would try to help get it rented asap, by turning over the keys.

Then watch... your friend should be given a refund for any rent paid beyond when the new tenant moves in.
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Old 03-31-2017, 04:48 PM
 
3 posts, read 3,461 times
Reputation: 15
Good point. I was only thinking vindictively: "[expletive] you, apartment manager! If you're going to make me pay through April, then the apartment is MINE until the end of April, whether I'm sleeping there or not!".

I'll suggest that he try negotiating with the landlord about getting refunded any rent for days AFTER a new tenant moves in. Maybe they'll agree to that. If so, then the sooner the better!

Thanks.
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Old 03-31-2017, 04:51 PM
 
Location: The Triad (NC)
26,847 posts, read 57,851,863 times
Reputation: 29246
Quote:
Originally Posted by greatrewards View Post
they gave notice that they would be moving out in March.
Now the landlord wants them to return the keys.
If they are out they need to return the keys.
That is what sets the "shot clock" for everything else that ensues.
And to do the move out condition inspection.

Quote:
The landlord refused to release them from their lease,
so they are still paying rent through April.
Yeah... like that.

Quote:
Am I being unreasonable?
Yes.
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Old 03-31-2017, 04:52 PM
 
Location: Rochester, WA
3,828 posts, read 2,050,555 times
Reputation: 10557
Yep... it's in your friend's interest to help get it rented asap.
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Old 03-31-2017, 05:08 PM
 
4 posts, read 1,856 times
Reputation: 10
Quote:
Originally Posted by MrRational View Post
If they are out they need to return the keys.
That is what sets the "shot clock" for everything else that ensues.
And to do the move out condition inspection.
Can you please tell me what do you mean by that?
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Old 03-31-2017, 05:26 PM
 
Location: El Pueblo de Nuestra Señora la Reina de los Ángeles del Río Porciúncula
13,547 posts, read 14,044,894 times
Reputation: 9663
This is a silly situation that has a simple solution.

I was in the same situation that a tenant had paid through the end of the month, while I had a new tenant that wanted to move in early. I'm tellin' you this is really simple-stupid! I just told the previous tenant I would refund his last week's rent if he signed an addendum agreeing to early move-out, and similar addendum to new tenant agreeing to pay an additional week's rent to move in early.

A couple signatures later I gave the first tenant a refund, gave the new tenant their keys after accepting a payment of first month plus an additional week.

I don't see why people have to make things difficult when there are simple solutions. The simple fact is that the landlord cannot rent the property to two different tenants at the same time. I'm not a lawyer but I don't think that is even legal!

So OP, call your landlord and suggest my idea. You move out early and get a week's refund, new tenant moves in a week early and pays a week's additional rent, landlord has the rental rented back-to-back with no vacant days. Everybody in this deal wins!

However if the landlord is intending to be a crook, he will turn down my idea, so if I were you, just for spite I'd refuse to move out until the last day of the lease.
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Old 03-31-2017, 06:16 PM
 
Location: The Triad (NC)
26,847 posts, read 57,851,863 times
Reputation: 29246
Quote:
Originally Posted by Gogutz View Post
Can you please tell me what do you mean by that?
Until they clean up the place and return the keys ...they aren't out.
Until they're out the LL can't settle up with them for refunding deposit etc.
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Old 03-31-2017, 06:31 PM
 
4 posts, read 1,856 times
Reputation: 10
Quote:
Originally Posted by MrRational View Post
Until they clean up the place and return the keys ...they aren't out.
Until they're out the LL can't settle up with them for refunding deposit etc.
We cleaned out the place, moved into our new home and haven't returned the keys.
Now the landlord instead of admitting her mistakes and agreeing to refund us for that week, sent us on a guild trip that the new family will be devastated when they'll find out they can't move in before the end of April.

The landlord told us that returning the keys means we transfer the possession to him and he gets to lend it to the other family.
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Old 03-31-2017, 06:37 PM
 
Location: El Pueblo de Nuestra Señora la Reina de los Ángeles del Río Porciúncula
13,547 posts, read 14,044,894 times
Reputation: 9663
You are being played. Read my solution above. There is no reason other than landlord greed why my solution won't work.

Note that I am a landlord but I'm an honest and fair one. My whole body is greed free!

Tell the LL no refund no keys. Tell LL the new tenants can live in a motel until the end of your lease.

The real devastation will be on behalf of your landlord who will be devastated if he/she can't collect double rent for a week.

My way is the only way that is fair to all parties. It's a win-win-win solution, if only your LL will put his/her avariciousness and greed aside.

BTW I don't believe the LL's BS story.
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