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Everyone has already said what I was going to. Yes, it is legal, and no there isn't anything you can do about it.
However, the landlord can't double dip. Meaning if someone moves in prior to the end of the month you are paying for, you should get a rebate for those days. They can't collect rent from 2 people for the same time period.
Yes, the question to the OP is "did the landlord re-rent the property over the same period you already paid rent?" If so, they probably owe you a prorated refund.
the ones that think it's perfectly fair to charge someone for 86 days of rent because notice was 4 days late
Ok, so where does the LL draw the imaginary line of improper notice to be "fair"? 5 days? A week? Lets say the LL lets this one slide, deciding 4 days is ok but a week is not. Another tenant gives notice a week late and expects the LL to let it slide because he already did for his other tenant at 4 days. LL says no, you're a week late, only this tenant is in a protected class and claims discrimination because the LL let the other tenant get away with late notice, "why not me? It's because I'm (insert protected class)!!" Now alleged discriminatory landlord is screwed, all because he allowed earlier tenant to bend the agreed to contract to be "fair".
Lease is the master agreement, to be upheld by both tenant and landlord, that is what is fair for everyone involved past, present, and future.
It sucks, but you missed the proper notice period. I know if it was me, no way I would turn the keys over until the end of that extra month though. Why make it easier for them to get it ready me re-lease it ahead of time.
The other alternative is to tell the landlord that you will not be turning over the keys until the end of the last day and tell them tht if they agree to prorate it, you will turn the keys over earlier so they do have the chance to lease it earlier.
Ok, so where does the LL draw the imaginary line of improper notice to be "fair"? 5 days? A week? Lets say the LL lets this one slide, deciding 4 days is ok but a week is not. Another tenant gives notice a week late and expects the LL to let it slide because he already did for his other tenant at 4 days. LL says no, you're a week late, only this tenant is in a protected class and claims discrimination because the LL let the other tenant get away with late notice, "why not me? It's because I'm (insert protected class)!!" Now alleged discriminatory landlord is screwed, all because he allowed earlier tenant to bend the agreed to contract to be "fair".
Lease is the master agreement, to be upheld by both tenant and landlord, that is what is fair for everyone involved past, present, and future.
People are not machines. They make decisions and can decide what to do. There is no way that any other tenant would know that you were allowed to do this unless you told them.
Also this was a 2 month notice situation, plenty of time to find another tenant, most places only ask for 30 days. If they could have proven that in those four days they would have found a renter to take over the place 56 days later it would be a different story.
What would you want done if you asked for something like this.
You can say business is business but when your child gets cancer and an insurance company refuses treatment because it would cost them an extra $1000 that is not covered than business is business
The other alternative is to tell the landlord that you will not be turning over the keys until the end of the last day and tell them tht if they agree to prorate it, you will turn the keys over earlier so they do have the chance to lease it earlier.
Why would they want the keys earlier? They have a right to start showing the place when you give notice that you are leaving as long as they give you notice when they want to show it.
Turning the keys over early would only mean that they can find a tenant earlier and you might be able to get your $1000 back.
I hope they can't rent the place out for 6 months and when they do they find a deadbeat that lives there free for another 6 months.
It's unfair to charge a person a whole extra months rent when they paid for 26 days of it, and missed giving the full 60 days notice by 4 days. Some people think business is business, but dirtbags are dirtbags and to me it is ill gotten gains and Karma will take care of it. You can choose to conduct your business in a fair manner or screw someone over according to the law. That's why I feel it's unfair, and I am entitled to my opinion.
But I'm willing to bet if the LL did not give correct notice the tenant would simply be ok, no problem. Say the LL came in said ok you gotta be out by the end of the month. And it's the 10th. Tenant isn't gonna be mad or looking for a legal avenue.
So as long as the "fair" ball falls on the tenants side of the net it's all good.
It's a contract. Read and understand the consequences BEFORE you sign. Otherwise why have a contract
I've let things go plenty of times simply because it wasn't worth wasting the time. Not everyone is willing to do so.
Double dipping is allowed in certain States like Florida.
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