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We had a year to year Lease in Orlando, FL. In the lease it stated that I must give 60 days written notice before leaving the unit. Because a miss calculation we gave 56 days notice instead of 60 and now the landlord is charging us a full months rent (almost $1000). Is this legal? Is there anything I can do about it?
Unfortunately no, sounds like he is playing hardball with you. You would think they would be kind and let it go. But he doesn't have to if it's spelled out clearly in the lease. What you can check though if the lease addresses the notice period. Is it a calendar month or day to day. In other words, does it say when you give notice it has to be from the first of the month to the first of the month?
Depending on the wording of your lease, you might be able to just pay the prorate amount of 4 days rent rather a month. See below thread for better wording:
Yes it's legal. You should have done your homework and read your lease and gotten your dates together beforehand. Also people think 60 or 30 days means they can give notice whenever they want, but in most leases it has to be given by the 1st of the month.
In our case its 60 calendar days. My lease expired on 05/31 and we gave the notice on 04/05 that makes 56 days. I would understand if they do a prorate and charge us the missing days but a full month for missing the deadline by 4 days its just unreasonable.
In our case its 60 calendar days. My lease expired on 05/31 and we gave the notice on 04/05 that makes 56 days. I would understand if they do a prorate and charge us the missing days but a full month for missing the deadline by 4 days its just unreasonable.
The time to contest that is before signing that lease agreeing to it unfortunately. It isn't unreasonable if you knew beforehand what was required.
We had a year to year Lease in Orlando, FL. In the lease it stated that I must give 60 days written notice before leaving the unit. Because a miss calculation we gave 56 days notice instead of 60 and now the landlord is charging us a full months rent (almost $1000). Is this legal? Is there anything I can do about it?
Yes, legally you can pay the full month of rent as agreed by you when you signed the lease stating a 60 day written notice was required, not a 56 day written notice.
In our case its 60 calendar days. My lease expired on 05/31 and we gave the notice on 04/05 that makes 56 days. I would understand if they do a prorate and charge us the missing days but a full month for missing the deadline by 4 days its just unreasonable.
It's unfair and unjust but it's legal and it's business and it's a lesson to be learned.
So if it's calendar days why not give notice that you were moving out on 6/04 or 6/05? All you would have had to pay was a few days more.
did they accept the notice? what did they say at the time?
In many states, notice must be given by the full month, not the partial month. If your notice was not good for the period before rent was due and ran into the next rental period, you owe the full month's rent for that rental period that you ran into. Also, a 60 day notice might actually run longer than 60 days because it covers full months, not partial months. Notice days are counted from the next first to the 31st, no matter what day they are given on
As far as I know, it is only on the west coast where notice periods are literal and 60 days means 60 days, no matter when the notice is given and you can leave in the middle of a month if you have given notice in that fashion. That doesn't work in many states, which OP apparently has just discovered.
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