I'm required to pay for the remainder of my lease, so why can't I live there?

[Cristi]

Can my apartment complex charge me rent, yet not allow me to occupy the apartment? My lease ends on Sept. 30th. I gave notice that I would be out on Aug. 30th if they could rent it for the last month. However I did not put the "if" part in writing. Now the leasing consultant told me I must pay up until Sept 15th since a new tenant is moving in on the 16th. But I must be out by Aug 30th or I will be trespassing. I thought if I paid, I had the right to live in the apartment. Any advice?

 

[peter]

A hard lesson for you to learn...

When you give a definate move out date...you will be held to it!

What if they have a contractor scheduled to do work in the apartment on Sept 1 at 7am and you are still there... who pays for the work that doesnt get done?

YOU DO! thats right the contractor can sue you for lost wages and lost work. Or what if the new tanat was moving some stuff in on the 1st...who pays for any hotel room they have to pay for ...YOU DO!

The landlord has a right NOT to lose even ONE DAYS RENT......So on August 30th schedule a wlk thru, to itemize any damages, also go and buy 2 or 3 of those disposable camera, and take pictures, make an extra copy of them..it might be the best $40 you'll ever spend!

Have them sign off on the damages and figure an amount and deduct it from the security deposit. and have them cut you a check right there.


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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Cristi:
Can my apartment complex charge me rent, yet not allow me to occupy the apartment? My lease ends on Sept. 30th. I gave notice that I would be out on Aug. 30th if they could rent it for the last month. However I did not put the "if" part in writing. Now the leasing consultant told me I must pay up until Sept 15th since a new tenant is moving in on the 16th. But I must be out by Aug 30th or I will be trespassing. I thought if I paid, I had the right to live in the apartment. Any advice?<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Cristi:
Can my apartment complex charge me rent, yet not allow me to occupy the apartment? My lease ends on Sept. 30th. I gave notice that I would be out on Aug. 30th if they could rent it for the last month. However I did not put the "if" part in writing. Now the leasing consultant told me I must pay up until Sept 15th since a new tenant is moving in on the 16th. But I must be out by Aug 30th or I will be trespassing. I thought if I paid, I had the right to live in the apartment. Any advice?<HR></BLOCKQUOTE>

The answer is no. If you have to pay rent to Sept 15th you are entitled to stay as you are a tenant until that date. If the property is rented to a new tenant to begin Sept 16, you are not reponsible for the rent for the rest of Sept.. In addition, if you pay for the Sept. rent that they demand and stay past Aug 30th, you are a legal tenant. Tell those idiots to read the L/T code.

 

[peter]

Sorry Home Guru, Not in New York City.....

when you have a definate move out date you have to be gone....just because the rent is paid thats no excuse to stay past an agreed move out date...

He still would be liable for the rent till Sept 30th, but the Complex is being nice and finding a tenant to start renting the place in the middle of the month, so he owes only 1/2 months rent.





<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
The answer is no. If you have to pay rent to Sept 15th you are entitled to stay as you are a tenant until that date. If the property is rented to a new tenant to begin Sept 16, you are not reponsible for the rent for the rest of Sept.. In addition, if you pay for the Sept. rent that they demand and stay past Aug 30th, you are a legal tenant. Tell those idiots to read the L/T code.<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by peter:
Sorry Home Guru, Not in New York City.....

when you have a definate move out date you have to be gone....just because the rent is paid thats no excuse to stay past an agreed move out date...

He still would be liable for the rent till Sept 30th, but the Complex is being nice and finding a tenant to start renting the place in the middle of the month, so he owes only 1/2 months rent.





<HR></BLOCKQUOTE>

Peter, the HomeGuru had no prior indication that Cristi lives in NY. Also where does it state in the L/T laws of New York that T still owes rent after L accepts the move out date given by T and the lease is terminated by mutual agreement between L and T?