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Landlord has new tenant moving into my apartment when my lease has not expired.?
The apartment that we just moved out of has a lease which ends on July 31 of this month.
We told the landlord today that our property is moved out of the place, and into our new place, but never turned the keys over.
The landlord informed us just today via text message that the new tenant is moving in tomorrow.
We finished moving all the stuff out today.
Normally I wouldn't care about this, but back when we saw the place in April 2014, the landlord told us that they were looking for someone to move in April 15, and not May 1.
We wanted to move May 1 since we wouldn't be paying rent on two places for half a month, but we liked the place and decided to take it for April 15 because we didn't want to let it pass by. We liked it, but we're moving because we now have a baby and need more room.
We asked the landlord if we can move April 12 since it fitted with my wife and I work schedule, and he said okay.
When it came time to pay for the half month rent, the landlord prorated it and charged for 18 days.
It seemed a bit unethical to charge for the extra 3 days in my opinion, and not just charge for the half month. I literally had the half month rent in cash on me, and had to go to the ATM machine to get the rest out.
Which brings me to now. Should I make a fuss about the 6 days, and ask to be reimbursed for these next 6 days since technically the apartment is ours, but they decided to let the new tenant move in tomorrow, and just telling us now?
14 Answers
- Anonymous6 years ago
You shouldn't have told him that you were moved out. All they care about is $$$$. If you have paid for the entire month up to the 31st, then you need to have him prorate for that last month. If he refuses, then write a formal letter and on the bottom put cc: Taylor and Associates (it helps if it is the name of an actual business, whether it is a lawyer or a CCA. And it also helps if they are out of town - put down the address - it also helps if you know these people, lol). Or... you could actually get a lawyer. IN any case, he owes you that money. Secondly, if someone is moving out the day after you moved in, then when are you doing the walk through with the landlord to assess the cleanliness/damage done while you lived there? Did you not have to pay a deposit when you moved in? Anyway, yeah, don't get vengeful, but go for what is legally yours. He cannot move someone else in if you are paid up and still on the lease. That doesn't fly. Whether or not you get a lawyer, take him to small claims court (you don't need a lawyer for SCC). It costs about an average of $20 -$100 to file a claim, depending on where you live. The winner usually gets the court costs paid by the loser. Sometimes it's just the principal of the matter. Good luck.
- MuttLv 76 years ago
First, what is not ethical is you living in the apartment for three days rent-free. You moved in before the 15th, so you were there over 1/2 the month, so it's absolutely fair that you pay for those 3 extra days. The landlord is not renting to you as a convenience for you. It's a business transaction, and he deserves to be paid for the time you are there.
As for moving out early and him having new tenants move in before the end of the month, I think it's fair to request that he prorate your rent for the last month to the time you actually have possession of it. That means turning over the keys and having the final walkthrough, along with new tenants taking possession before the start of the next month.
- babyboomer1001Lv 76 years ago
Your lease does not expire until July 31, midnight. You owe until then. If you choose to move out early, you can but you still owe through the end of the lease. It makes no difference that the new tenant will be moving in tomorrow. You are out and it makes it convenient for him. You are not entitled to a refund of those few days.
Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience. - GEEGEELv 76 years ago
You moved out and returned the keys. You perhaps should have kept the keys until the last day of the lease period. You did not stay till the 31st and in most states landlords are not required to pro rate rent. If your rent was 1000.00 (you don't say how much it was), 6 days of a 31.00 day month equals 193.54. A helpful sum when you are moving but not worth going to small claims court over.
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- ?Lv 66 years ago
check your states dept of consumer affairs for laws, your rights landlords responsibilities and how to's laws apply to any rental unit be it storage, motel room, apartment or house as long as its a permanent structure.
If your paid to then he owes you a prorated amount in return from the day they moved in. Returning your deposit in some states must be done before new tenants move in or you get 100% back
- Anonymous6 years ago
you need to be more concerned about the refund of your security deposit !! you first need to look at the tenant/landlord laws where you live..........I always suggest that the tenant do 2 things on the last day of move to avoid problems with refund of deposit: (1) make a list of all needed repairs (2) take photos of all of the unit (3) have LL go with a walk thru with you, and provide the list to him/her ; have the LL make any corrections to the list, sign it, and both parties get a copy.........if you do those steps, then there is little possibility of the LL stating that there was something wrong that was not notated in the list, and will avoid a small claims suit...........also - legally, you are still the tenant until (1) the last day of the notice you provided and (2) the keys are in the hands of the LL..............again - you need to read the laws to protect yourself !!
Source(s): former apt mgr - ?Lv 66 years ago
you are being petty.....what happens next time wlhen youook for a new place to move to....all the landlord needs to do is be petty and tell the truth...be ambiguous and simply say you are petty and leave it at that....I have never heard of a tenant requireing a landlord to pay an application fee....truth isn't slander EDIT::: I have given you solid, real world advice....don't take it...be petty.....what do I care...I am a dirty landlord....my tenant is moving.....we have been to court twice...in over 5 years she has paid rent on time twice.....the first month and the month after we wnt to court the first time....a potential new landlord called and asked if she paid rent on time....I said yup, on time every month.....i have problems with tenants...they have no problem with me...I am the peoples landlord
- Nuff SedLv 76 years ago
You simply ask the landlord to pro-rate your pre-paid rent for the days he has authorized ANYONE ELSE to occupy your unit, in violation of your rights as a tenant who paid for the entire month. You should also ask for a final walk-through for damage assessment before you become liable for what the new tenant's movers do to the place.
- A HunchLv 76 years ago
What does April have to do with this? Do you mean you wanted to move August 12th?
The landlord can't collect two rentals for the same days. I would request reimbursement for July 26-July 31 (6 days).
- ?Lv 76 years ago
If you really need the money, let yourself into the apartment and sit there until the end of the month or until the landlord pays you.
But if you're doing this to teach the landlord a lesson, just move on with your life.