Does this seem right to you?

6 Replies

We put in our notice to move out, at the end of the month, on the 11th. Our landlord responded that we were responsible for Novembers rent as well because our lease says our notice needs to be in by the 10th. Ok...whatever. But now they are telling us we need to have our place "show ready" so they can start showing it to have it rented by November 1.
I have to pay for November and keep my place "show ready" while I'm trying to go through move, so they can collect rent from someone else?

WHAT does you lease say??

If it has a provisions that requires you to let possible future tenants in then it could be enforceable.  

Now you can simply deny the request and not allow access claiming " quiet and peaceful enjoyment ".

What either party can do to each other or not do is based on the lease, whether it's legal, and whether it's enforceable in a court of law. Lot's of stuff put in leases isn't legal or enforceable.

Go read your contract ( lease agreement ) for default provisions.

No legal advice.    

Not just your lease, but your state's laws.

Here, if your landlord gets it rented for November, he does not also get to keep your money.  All states are different, but that is pretty standard.  So I would start there.

If that is in your lease then that is what you have to do.  Depending on the terms in your lease as soon as you give the landlord notice they have the right to start the process going of filling the upcoming vacancy.  Most leases have an option to pay a fee to the landlord to have the right to not show the property (usually a few hundred dollars). 

If the landlord fills the vacancy on Nov. 1st however, I would push to not pay the Nov. rent since the vacancy is filled and you are no longer the tenant.  If the vacancy is not filled you will have to pay the November rent and may be due a prorated refund if it gets filled before the month is over.

I generally do not like to show houses while the current tenants are in there because they are usually a mess and it can be difficult to coordinate times for showings.  I wait until they move out and can still have them filled within a few days so it is not a big deal for me.

Yeah, it sure looks to me like you only have to pay for the days he actually loses:

So it is in your best interest to keep the place show ready so he can replace you.  But you can and absolutely should insist that your last month is refunded if he gets a new tenant.  There are a lot of sleazy landlords out there who will try to keep you money if not challenged on it.

You've got two different issues here.

One is whether you should have to pay for november since you didn't give notice in time according to the lease. Seems like you're ok with that deal so thats really a non-issue as far as I can tell.

But here's where I see the catch. If the landlord is saying he's collecting your rent for november, then that means you ARE the legal renter there thru the entire month of November. He can't rent the place out in november.

He can't have it both ways. If he wants to collect the rent, then you're entitled to stay there until the end of november.

I'd re-issue the notice and state that since he is going to require you to pay thru the end of november, your notice is now effective for a move out date of November 30.

There's nothing he can do. He absolutely cannot charge you rent thru the end of november and not allow you to have the right to stay there during that time.

Thats not to say that you have to stay there though. But what that does is it means he likely can only market the place for rent 30 days before your move out date. Which means he wouldn't be able to inconvenience you with showings until november 1.

That will allow you to avoid the nuisance of showings.

After all, if you're going to be stuck paying november rent, you might as well get something out of it (i.e. avoiding the nuisance).

But the one thing he absolutely cannot do is charge you rent and then turn around and let someone else move in to the place. 

Now maybe I missed something and he's telling you that if you can help him get it rented by November 1, then he will refund your November rent back to you. But based on your message, I don't believe thats what he's telling you at all. It seems like he's trying to get you to pay rent for the entire month of november and also get it rented by november 1 so that he's collecting from two tenants for the same month.

Don't put up with that nonsense. He can't do it. If his lease says that if you fail to provide 30 days notice, you are required to pay the following month's rent, then you are in fact entitled to stay at the premises through that period.  Just send a new notice to the landlord with the move out date of Nov 30 and you'll at least be able to avoid the nuisance showings.

One other thing. While he can do showings as provided in the lease, you can just as easily refuse to make the place rent ready too.  He's pulling a fast one on you and I wouldn't deal with that without giving him a little grief. He's playing fast and loose with the intent of the lease and trying to cheat the system.......

If you are paying for usage of the apartment through the end of November, then you have use (control) of the apartment through the end of November.

If it were me, I would tell the landlord 1) she may not enter the premises without you being there. 2) she may call to see if you are available a day in advance ( you do not need the reschedule your time to accommodate her. 3) It is just too much to pack to move and keep the apt. show ready.

You want to be cooperative, but the only option you can see is 1) no showing the apt. till you have moved out at the end of November   ...or...   2) You will agree to move out by the end of October. No payment due for November. (in writing of course.)

Since you wish to be as accommodating as possible, you will leave the choice up to her. (but she needs to decide ASAP)

just my two cent worth

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