Can they charge me rent for this?

[Sava]

I wasn't removed, I couldn't stand the place so I used the clause in my contract to get out early.

I honestly hope everything works out for you.

I lived in an apartment complex once. It was a terrible experience.

[Ben Kenobi]

That's usually how these things go down and this is a complex known for doing this kind of stuff.

They can request one sure, but you aren't required to be out until the 16th. If there's nothing in the contract I would be pretty firm about it. If they want you out earlier see if they will negotiate with you to give you the rent off for that week. It's a reasonable accommodation - it gives them time and you don't have to be paying double.

[DriXnaK]

This is what is in the Floirda statutes. Under choice 2 on my leasing contract I chose "You do not agree to liquidated damages or early termination fee and you acknowledge that we may seek damages as provided by law in accordance with Florida Statues 83.595 (1), (2), (3)." I don't see verbiage in here that would allow for them to tell me to move out on the 9th and then charge me rent while they get the place ready for the next tenant. I don't know much about law though.



83.595 Choice of remedies upon breach or early termination by tenant.—If the tenant breaches the rental agreement for the dwelling unit and the landlord has obtained a writ of possession, or the tenant has surrendered possession of the dwelling unit to the landlord, or the tenant has abandoned the dwelling unit, the landlord may1) Treat the rental agreement as terminated and retake possession for his or her own account, thereby terminating any further liability of the tenant;
(2) Retake possession of the dwelling unit for the account of the tenant, holding the tenant liable for the difference between the rent stipulated to be paid under the rental agreement and what the landlord is able to recover from a reletting. If the landlord retakes possession, the landlord has a duty to exercise good faith in attempting to relet the premises, and any rent received by the landlord as a result of the reletting must be deducted from the balance of rent due from the tenant. For purposes of this subsection, the term “good faith in attempting to relet the premises” means that the landlord uses at least the same efforts to relet the premises as were used in the initial rental or at least the same efforts as the landlord uses in attempting to rent other similar rental units but does not require the landlord to give a preference in renting the premises over other vacant dwelling units that the landlord owns or has the responsibility to rent;
(3) Stand by and do nothing, holding the lessee liable for the rent as it comes due; or

[Ben Kenobi]

Don't see anything there concerning a week period requiring you to move out.

[ZEE]

I wonder what EyesofNight would do if he were in this situation?

[BvBPL]

Assuming this is a residential lease, your landlord should not be charging you rent for time you are not in occupancy. Please note that my analysis of the law is based on the common law that may be modified by your local statutes and possibly by your lease. If you are seriously concerned about this you should consult a local attorney. Your attorney general’s office may also be able to provide some legal information.

Several options present themselves. You could, legally, refuse to surrender possession until the 16th when your time is up. That’s your right; your landlord’s right to reoccupy the property is void until that time. If your landlord attempts to force you out then can pursue legal action against them. The law is likely on your side on this matter, but again you should consult an attorney before taking an adverse action

I suggest that it may be easier to take another path. If you are amenable to leaving your current place on the 9th then it may be possible to reach an agreement with your landlord where you only pay 3/4s of your last month’s rent. This has the advantage of being an agreement between the two of you rather than involving some legal action and will hopefully maintain you in your landlord’s good graces should you need a reference in the future.

If you are unable to reach an agreement with your landlord, you could simply pay 3/4s of your last month’s rent and send a note stating that you agree to their request that you vacate on the ninth and have paid less as a consequence. This has the advantage of being an alternative option to the negotiation but not requiring you forcibly prohibit the landlord from retaking occupancy. Your landlord will probably just let it slide because trying to get the remaining week of rent out of you will be more costly than just letting you off. However, you must still be careful because the landlord may attempt to screw you over on a damages bill or try to take the week’s rent out of your security deposit (if any). It would be a good idea to review your state’s security deposit laws. My state permits a tenant to pursue treble damages against a landlord for misuse of a security deposit; if Florida law is similar that imposes a high possible cost on the landlord.

Unless you have a very adverse relationship with this landlord, I strongly recommend that you contact your landlord and try to work out a mutually acceptable resolution. When doing so you should stand firm on your legal rights of occupancy but also make it clear that you are willing to be flexible on the departure date (assuming you are flexible). The cost of the landlord in bringing a suit against you for failure to depart will undoubtedly exceed the rent he would get from you for a week of occupancy.

[DriXnaK]

Wow, thanks for the reply. They took the money out of my security deposit. Their answer to me was that I chose the option that I would pay rent until the apartment was re-leased. The real question is can they tell me to move out and then pay rent w hile they get the apartment ready for someone else. I may very well contact an attorney about it because it seems shady.

[DaShi]

Ask them for the interest on your security deposit.

[BvBPL]

Wow, thanks for the reply. They took the money out of my security deposit. Their answer to me was that I chose the option that I would pay rent until the apartment was re-leased. The real question is can they tell me to move out and then pay rent w hile they get the apartment ready for someone else. I may very well contact an attorney about it because it seems shady.

I may have misunderstood your first post. I took it to mean that you were taking the sixty day option not to renew your lease, not to break you lease early.

If you are breaking your lease early (rather than the 16th being the natural end of your lease) then you are not in quite as good a situation as I first thought. Florida law allows a landlord to bill a tenant who breaks his lease for the period between the tenant's departure and the point when the apartment is let to another party. If it is the landlord's policy to regularly take a week to turn over an apartment between the departure of a tenant and a new tenant taking possession then you might not have a case. Landlords must use at least the same effort they used to sell you the apartment to sell it to another party, this could conceptually include the turn over week.

If you are breaking your lease then it is possible that being on the hook for an additional week is permissible. In fact, it may be better for you to agree to a one week settlement rather than try to push it out because the landlord can keep billing you for the rent until it fills the apartment which could be months.

Then again, if the landlord fills the apartment on the 17th then he can't bill you for that week.

That's my understanding, but the answer isn't clear from the law itself. You may want to call your AG's office to get another take on it. You may also want to see if your local bar association has a tenant services pro bono thingie. Many bar associations have volunteer attorneys who will walk you through your rights as a tenant.

[DriXnaK]

Eh, I may just let it go. I still ended up saving 200$ by breaking my lease 2 months early. I'm sure I cost them a whole hell of a lot more with all the reviews I've written all over the place and will continue to write.