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I'm currently living in Minnesota, Minneapolis area. An apartment I had rented is set to end in March, however I gave permission to show and rent to a new tenet with a move in date of ASAP. My management company called today and stated that a new lease was set to begin 3/11 however the company is requesting that I be out by 3/3 to allow for repairs. I also set the move out walkthrough for 3/3, however the management company is stating that first, the prorate March rent will not be issued until the end of April and more importantly, that they are going to charge me rent until 3/10 (I give up all access to my apartment and the building after the walkthrough on 3/3) which I do not believe is legal.
What are my rights in this situation? I've read through my state's tenet laws but wasn't able to find anything related to this.
I have to agree with you that you cannot be charged rent past the day you have to turn over the keys and vacate.
Let managemment know you are ready to go to court (if you are) for that weeks rent if they attempt to collect it.
Can I assume they would withhold it from your security deposit?
If not, and it's simply a matter of you voluntarily paying it.....just don't.
However.......you did not indicate whether or not these repairs are because of damages you caused.
If they haven't even done a walk-through yet, I can't see how it is yet known what condition you will leave the apt in so it does sound like it is just general improvements/preparation they want to make on your dime.
You do need to clarify in order to get better replies.
My management company called today and stated that a new lease was set to begin 3/11 however the company is requesting that I be out by 3/3 to allow for repairs. I also set the move out walkthrough for 3/3, however the management company is stating that first, the prorate March rent will not be issued until the end of April and more importantly, that they are going to charge me rent until 3/10 (I give up all access to my apartment and the building after the walkthrough on 3/3) which I do not believe is legal.
No, it's not legal. What you need to get from them is a written and duly signed "lease release" stating that as of the date of return of the keys on March 3, 2013, you are released from all further rent payments, etc. You should be able to find templates for such a release online. The management company has called you but everything related to your contractual agreement must be in writing.
On the walk-through, you need to be told what, if any, repairs need to be made to the premises for which you're going to be held accountable. If you read the section of your state landlord tenant laws (probably linked in the first "sticky" on this page) relative to security deposit and its return you'll see what the legal process is. Set the walk-through for early in the day so that if anything needs to be cleaned up you have a chance to do it before the end of the day and turning over the keys.
I suggest too that on the walk-through you take plenty of dated photographs of the premises. I'd personally be a little leery about the property management company's practices when they're trying to get additional rent from you after you've accommodated their request to move before your lease is up so that a new tenant can move in ...
I'm currently living in Minnesota, Minneapolis area. An apartment I had rented is set to end in March, however I gave permission to show and rent to a new tenet with a move in date of ASAP. My management company called today and stated that a new lease was set to begin 3/11 however the company is requesting that I be out by 3/3 to allow for repairs. I also set the move out walkthrough for 3/3, however the management company is stating that first, the prorate March rent will not be issued until the end of April and more importantly, that they are going to charge me rent until 3/10 (I give up all access to my apartment and the building after the walkthrough on 3/3) which I do not believe is legal.
What are my rights in this situation? I've read through my state's tenet laws but wasn't able to find anything related to this.
When does your lease end? Did your apartment give you proper notice to leave on 3/10? If so tell them you will be staying in your apartment until 11:59pm(an exaggeration of course) on the last day you paid and are entitled to the apartment(if your lease is still in force).
When does your lease end? Did your apartment give you proper notice to leave on 3/10?
The OP's second sentence is self explanatory. He apparently agreed to vacate the premises before the end of his lease term in order to accommodate a new tenant moving in earlier.
Hello! Let me start off by telling you that i stay in the state of florida. I gave my landlord a 60 day written notice on 3/1/14. I mived out by 5/1/14 but did not get around to returning my keys until 5/8/14. I was told that i have to pay a whole months rent. I asked her about prorating it. Her response was "we only prorate for people that is moving in not out" . I was told by another landlord that she cannot do that. Can you help me?
Hello! Let me start off by telling you that i stay in the state of florida. I gave my landlord a 60 day written notice on 3/1/14. I mived out by 5/1/14 but did not get around to returning my keys until 5/8/14. I was told that i have to pay a whole months rent. I asked her about prorating it. Her response was "we only prorate for people that is moving in not out" . I was told by another landlord that she cannot do that. Can you help me?
As long as you did not provide the LL with the keys to the unit you were still a tenant. Yes, the LL can legally charge you for an additional month's rent. The only exception would be if the LL re-rents the apartment prior to June 1st. LLs cannot collect double rent on the same unit so in this case your rent would be returned to you on a pro-rated basis. If you paid a security deposit, the LL will likely deduct the additional month's rent from that.
You'll find FL landlord tenant laws linked in the first "sticky" on this page and should read the clauses pertaining to giving notice, holding over, and security deposits.
I was supposed to start a lease 6/1/14 - 5-31-15. The association has not yet approved the move in. We are looking at pr rating from June 17 - 30 with the next payment July 1srt. What would be the date of the lease if we handle in this manner?
Hello! Let me start off by telling you that i stay in the state of florida. I gave my landlord a 60 day written notice on 3/1/14. I mived out by 5/1/14 but did not get around to returning my keys until 5/8/14. I was told that i have to pay a whole months rent. I asked her about prorating it. Her response was "we only prorate for people that is moving in not out" . I was told by another landlord that she cannot do that. Can you help me?
I dont know about specific Florida laws, but just what sounds right to me -
if you did not return your keys till the next month, you might have to be liable for the months' rent.
and I agree that pro-rating have always been used for me in moving in a few days early at the end of the month, but if i leave early to move out, even if i leave early, they do not prorate the month rent.
You needed to have returned the keys by March 1.
I think your ex landlord was acting reasonably. I'm sorry, it sucks, but that is what is reasonable in my experience which is why for such things you make absolutely sure you meet deadlines and not wait till the last minute or lolly gag, and even if you get busy, you make sure you get those keys back.
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