Paying prorated rent with new tenant (apartment, deposit, legally, vacate)
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I put in 30 days notice on the 10th of Feb. and am paying prorated rent until March. I found a new place and am trying to move out the 1st of March. My landlord has found a new tenant to replace my room on the 1st but I am still being asked to pay the prorated amount. Is this correct?
Assuming you're 30 day to vacate kinds on March 10th.
If someone is moving in on the 1st and you're vacating on the 1st no the LL cannot prorate you till the 10th and have the other tenant pay for the whole month. The new tenant shouldn't be allowed to move in till the 10th. If they move in on the 1st then you shouldn't pay.
No, the landlord is attempting to double dip and be paid twice for the first 10 days of March.
Either you should pay through the 10th of March, and reserve the right to come and go from the apartment as you please during that time, since you're paying for it (meaning the new guy can't move in until March 10th), or you pay up through February 28th and make sure you have returned the keys by then.
Either way the landlord has no gap in tenancy or income.
I put in 30 days notice on the 10th of Feb. and am paying prorated rent until March. I found a new place and am trying to move out the 1st of March. My landlord has found a new tenant to replace my room on the 1st but I am still being asked to pay the prorated amount. Is this correct?
You are
Quote:
trying to move out the 1st of March
.
It doesn't mean someone else is going to move IN on 3/1.
You need to move out, turn your keys over and then have an issue with your LL.
Instead of an anticipated issue.
Your LL may have found someone to replace you starting 3/1, doesn't mean newbie is going to move in on 3/1 and certainly NOT if you are still living there and gave 30 days notice starting on 2/10.
Last edited by Informed Info; 02-18-2014 at 09:46 PM..
You owe either through the 10th, or through when a new tenant moves in, whichever comes first, but if you are going to "try" to be out March 1st, a new tenant won't be moving in on the 1st. They definitely will have a few days of downtime until the new tenant moves in. You will owe for those days, through no later than the 10th.
If you have told the landlord you will try to be out on the 1st and they have a new tenant lined up for the 1st, you NEED to be out on the 1st. Legally, you may have through the 10th, but ethically, you need to do what you've agreed to.
I am moving into a new place on the 1st of March. I know that I am entitled to pay through the 10th since I did give my 30 days on the 10th of Feb. but she is saying she has someone moving in the 1st since I had offered to be out by the 1st. I am still being charged through the 10th even though a new tenant is moving in and I am leaving on the 1st. Which is why I am confused. Am I still required to pay through the 10th even if she is having someone move in on the 1st?
Am I still required to pay through the 10th even if she is having someone move in on the 1st?
Absolutely not. A LL is not legally allowed to collect rent from two tenants for the same unit. As soon as the new tenant moves in, your obligation to her is over.
I am moving into a new place on the 1st of March. I know that I am entitled to pay through the 10th since I did give my 30 days on the 10th of Feb. but she is saying she has someone moving in the 1st since I had offered to be out by the 1st. I am still being charged through the 10th even though a new tenant is moving in and I am leaving on the 1st. Which is why I am confused. Am I still required to pay through the 10th even if she is having someone move in on the 1st?
No, she can't charge you both for rent for the same days.
Did you already pay for March rent? If not, then don't. Move out and give her the keys that day. (or mail them with proof of delivery)
Then, wait for her to return your deposit within the correct time frame. If she deducts 10 days of rent from your deposit for March rent, and you have proof she rented to someone else (did you get an email? if not, get her to admit it in email first), then you write her a demand letter to return the rest of your deposit, as she's not allowed to collect rent from two tenants at the same time. Give her a deadline. If she doesn't do it, you'll have to file in court to get it back.
I am moving into a new place on the 1st of March. I know that I am entitled to pay through the 10th since I did give my 30 days on the 10th of Feb. but she is saying she has someone moving in the 1st since I had offered to be out by the 1st. I am still being charged through the 10th even though a new tenant is moving in and I am leaving on the 1st. Which is why I am confused. Am I still required to pay through the 10th even if she is having someone move in on the 1st?
As long as you've made it clear that you're definitely going to be out and the unit will be ready for someone else to move in on March 1st, then no, you're not.
As everyone has said, she's trying to collect twice on the first 10 days of March, which she can't do.
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