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I am assisting an elderly woman that is caught in a quagmire of "rules" and holidays. She is in compliance with the required noitce to vacate and isone a month to month basis. December 31 was to be her move out date.
Just last night her new apartment manager called to say she would not be able to have access to her new apartment until Jan 4th!
This is a total suprise and she was told, by the new apartment mgr, that he must follow HUD and Section 8 rules which will not allow her to have access and move in until Jan 4th.
She does not have the financial ability to have movers mover her out and then hold the property until the 4th. Her husband passed away 30 days ago and she is finanacially unable to afford their current apartment.
Is it legal for the current landlord to demand 100% of Jan rent for her not vacating on 12-31? Is it legal for them to refuse to prorate rent????
Please reply soon...the current apartment manager is out until the 4th!
If she is on Section 8, the rules are different. The housing authority is the person to go to for guidance. If not Section 8, the lease is the key. The lease should have stipulations on possession dates and prorated rent. The LL of the current residence can demand anything, again, the lease is the key to resolving the issue. check the lease for holdover stipulations.
Depends on how Holdovers are done in the building where she lives...
Does she receive Section 8 now?
If she does, it becomes more complicated because the contract and notice she gave her present Landlord will prevent the Housing Authority from sending the current Landlord any rent from January and her assistance will instead go to the new Landlord.
HUD is very explicit... HUD will never pay overlapping rents... it's one unit or the other.
HUD could care less if the Landlord lets her move in before the contract start date provided the lease and Housing Assistance Payment Contract is in order and the unit has passed inspection. I've allowed it many times.
So why is there a delay with the new unit? It must already be vacant to perform the move-in inspection... where there deficiencies that must first be corrected and then signed-off... the delay would make sense if this is the case.
In reality, the current Landlord won't even have time to start an eviction before the 4th... so she can by default stay... she would still owe the full rent and may have deposit issues if the unit turn-over is delayed to her holding over.
Both of you should drop in and see her Housing Representative for advice... move-in scheduling conflicts happens all the time and it can help her worker to be clued in on the situation should a problem develop.
If you are not Section 8, it also depends on what state you are in. California, for example, has the weekend and legal holiday thing in their laws (which would account for any holdover in this case). Look up the LL/tenant law for your state to get more info.
Landlord has the option, legally, to prorate or require full months rent.
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