Is Extra Rent Justified?

[yaseeka]

What is the name of your state? Arizona

Here is my specific situation: I signed a lease agreement on June 11, 2004 with a lease agreement expiration date of June 30, 2005. Lease contains clause that states if 60 day notice is not given by tenant prior to move-out that tenant will forfeit security deposit and tenant is liable for rent payment through expiration of the lease agreement. Lease also states notice must be given on the 1st of the month, but does not give information regarding any consequences to the tenant if notice is not given on the 1st other than those previously stated regarding the SD and LA. I provided notice to the LL on May 18, 2005 letting them know that I would be moving out of my apartment on June 18, 2005. LL informed me that I would be forfeiting my security deposit and I confirmed my understanding. When I received a copy of my notice five days later (May 23), LL had added that I am required to pay an additional 30 days rent (rent until July 18), which is past the expiration of the lease agreement. As I am already planning on paying for the entire month of June to fulfill the terms of the LA, and the lease contains no clause regarding extra rent to cover the 60 day notice, is what the LL is doing legal? I have also read the AZ Landlord/Tenant Act and was unable to find any information in this document to justify the additional rent charges either. Any help that can be provided will be greatly appreciated!!

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[ENASNI]

hmmm

I am certainly scratching my head on this one. The notice is so he will have time to get the unit back out there ... you know advertise.It seems he has enough time without those 18 days you missed. But on the other hand, gee he has a point of the 60 day notice clause.
I don't know on this one sorry, but I will bump it up for you.

 

[yaseeka]

Additional Information

Lease also states notice must be given on the 1st of the month, but does not give information regarding any consequences to the tenant if notice is not given on the 1st other than those previously stated regarding the SD and LA.

I just spoke with the management company for the complex, and the person there is stating that even though my lease expires on June 30th, I am considered to be switching to a "month-to-month" lease because my 60 day notice goes past the 30th, and that is their justification for my liability for the additional rent. As I am moving out on June 18th, would this "month-to-month" justification apply? Any thoughts would be greatly appreciated!

 

[ENASNI]

OH Duh! yup... I don't know what I was thinking! That is exactly the case here. Sorry I was wrapped up in another post and was not giving you my entire attention. When the lease expires you usually do revert to a month to month tenant. That would be their justification.

Not the answer you wanted to hear I am sure, but thats how I see it.

Of course someone might come after me and call me a ninny, but I am pretty firm on this.

Doesn't moving just suck! Read your next lease real careful and good luck in your new digs!

 

[treese]

The management company is correct. Your notice is not "effective" until June 1 and your are liable for 60 days rent from that date.

Your notice should have been given on or before May 1st in order to vacate on June 30 without any further obligations according to your lease.

You have extended your tenancy to month-to-month and are liable for the rent for the entire month of July.

 

[yaseeka]

Okay, so since I'm liable for the rent up through July 18, my next question is: If the landlord rents the unit to a new tenant prior to July 1, am I still liable for the extra rent, or does the fact that it is leased to a new tenant cancel my liability?

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[ENASNI]

Hmm

Since you are now month to month, I would say he cannot be double dipping, I would say you are realized from the liability. This is not a penalty for breaking your lease and you did give notice, so this is not "damages".

If I am wrong someone will come along and call me a ninny or something worse.