Can apartment management change move out date?

Question

Hi folks!

I wanted to know if a property manager gives a moveout date to a tenant, and they turn in keys on that date and paid their final payment, can management change the date and charge more rent?

My husband had rented an apartment prior to buying a house for our relocation. His move out date per management was 9/5. His final move out statement showed a move out date of 9/5. However they charged him rent through 9/8 without discussing it.

Their argument is he is responsible for the 60 day notice period (which would have been 9/8) even though they assigned a move out date of 9/5.

It seems very dishonest. He’s definitely fighting the management company on the extra charges.Just wanted to get perspective from any PM or apartment investors. Thanks!

Nathan Gesner · Answer

If your lease requires 60 days notice, the 60 days starts on the day notice is given.

If your lease does not require 60 days notice, then the original termination date should apply.

Theresa Harris · Answer

@Rebecca Jackson  If he has it in writing, they should honour it.

Rebecca Graziano · Answer

@Theresa Harris the company assigned a final move out date of 9/5, but now they are changing their story to charge 3 extra days, which is an extra $252. My husband wants to fight it, especially given the poor condition of these brand new apartments - his had mold twice! (For two weeks they didn't do anything about the second request... there was still mold on the baseboard when we moved out). Just overall very negative experience. If everything else hadn't been so difficult, we'd probably let this slide.

Theresa Harris · Answer

@Rebecca Jackson Typically the 60 days' notice is from the 1st of the month, so if he gave notice on Aug 31, he'd be out Oct 31 and the place would be available for the next tenant to move in Nov 1.  If the company agreed to let him move out on Sept 5, then they should have honoured that.  At the end of the day (from your perspective and that of the PM), how much is 3 days rent and is it worth it?