Check out some similar questions!

Apartment RO · Mar 23, 2007, 11:34 AM

I contacted the new tenant who is taking over my lease since my landlord will not call me back. I've been planning on moving out April 7th (early termination approved by landlord) and have yet to get the official o.k. from the landlord. So I'm continuing to get my information about my lease in round-about ways.

The new tenant said he was more than willing to move in right after I moved out but the landlord told him he is going to need time to paint and do some repairs, so the new lease starts May 1st. But the new tenant may be able to move in earlier depending on how long the repairs take.

I'm just wondering if the landlord can charge me for the time between me moving out and the new guy moving in?

ScottGem · Mar 23, 2007, 11:49 AM

If he gave you a date where the lease is terminating then he can only charge you to that date. However, if nothing is in writing, he could, conceivably charge you until the new tenant moves in and starts paying.

Apartment RO · Mar 23, 2007, 11:55 AM

That is what I am afraid of. This is the guy who likes to conduct his business over the phone and refused to sign a lease termination agreement. If that is the case, I am not sure what I am going to do since I cannot afford to pay 2 rents. Thanks again, ScottGem!

ScottGem · Mar 23, 2007, 11:57 AM

Does he have a security deposit? Were you counting on getting it back? If not, just let him apply it towards the April rent.

Apartment RO · Mar 23, 2007, 12:08 PM

Yes, he has my security deposit that I want back. It's for 1 and half months rent. Plus he said he would rectify the 7 months of utilities that were unfairly charged to me.

But it states in my lease, "The security deposit shall not, under any circumstances, be applied by Tenant for the payment of the final month's rent, or any other rent or obligations of Tenant under this Lease."

I doubt he'd make any special adjustments for me.

Apartment RO · Mar 23, 2007, 01:56 PM

I spoke to my landlord. On the voicemail he left, he said I would have to pay for the whole month of April. But when I spoke to him, he said he would prorate me for the days I lived there. I questioned him about paying for the whole month of April and he said yeah, you can stay as long as you want, you just need to tell me when you are moving out. The guy flip flops CONSTANTLY! The phone conversation was very confusing and he wasn't making much sense.
I need to protect my a$$. I am going to send him a letter to formally address my date that I will be vacating and ask him to give me the exact amount I owe him based on me vacating April 7th. Rent is due April 1st and I want to give him the correct amount. I want to play by the rules, so if I don't get a repsonse in enough time to make rent on the 1st, should I pay the 7 days pro-rated and put the remainder of the month in a escrow account? If he is making me pay the full month, I will just stay there and take my time moving since my new apartment is flexible on my move in date.