Any leasing agents or others who know leases, apartment rules?

[2angelsinheaven]

I notified my apartment today that I will be moving out because of emergency (trying to get custody of the girls) on Sunday. She informed me of the normal "buy out" for the lease, which is 3 x months rent... ouch, but I have to move so oh well. Then she informed me that because the 29th, last day of the month falls on a sunday and they are closed they are processing move outs on the 28th saturday and that I must be out by sat by end of day (5pm)... how can this be? Aren't I not intitled to the apartment until the end of the month?!?! Moving out saturday means I have to do it ALL by myself, with the girls and pay for moving truck for 3 days, instead 1 and find a place to stay with kiddos, dog, cat and truck for sat/sun night. I would assume I would be able to be in the apt till Sun 11:59pm... end of the month, I'm only asking for till Sun evening 5pm... so we can move out... any ideas? We can't move into new house till monday morning because they are laying new tile, painting.

 

[dcgrumpy]

In the complex I live in you always have to be out on the 28th of the month, no matter what month it is.

 

[ScarlettO]

I think you should be able to stay until the end of the month. Maybe you could offer to pay and entra day's rent to stay another night?

 

[minniecarousel]

You're expected to pay 3 more months rent AND she won't let you stay through to the end of the month? ACH! that doesn't sound right....

 

[ScarlettO]

When we gave a 2 week notice on an apartment rather than the full month that they required, they made us pay another month's rent. I left things in the apartment to be sure they didn't rent it and double their take. If you are paying 3 months rent to 'buy out " the lease, it seems the apartment is yours for those 3 months. I don't get it. (??)

 

[stacie_d]

First--how much time is left on your lease? If it is 3 months or less, then you should have as much time as your need.
Second--you might want to call up a lawyer to get his advice, depending on how much three months rent (and any security deposit that might be forfeited under the terms of the lease) amount to. Sometimes, these provisions are found to be unconscionable and unenforceable, especially in the case where the tennant did not have any real bargaining power in making the contract. A short letter from a lawyer to the landlord, advising of what terms cannot be enforced, might clear up your trouble quickly and efficiently. Also, I know that in some states, a landlord must take efforts to try and rent the premises as quickly and possible, and cannot collect "double rent" once re-rented (of course that may not be the case in your situation.)

Good luck with your situation. Hopefully, you can reach a middle ground.

 

[chell]

Don't have any advise, but I just wanted to wish you luck with the process.

 

[Lewski709]

If it's an inspection that's needed, tell them you will come back and go through it Monday. Isn't there a drop slot you can put the keys in? I used to be a manager and you had til the end of the month. We used to require a 30day notice and $750.00 to buy out of the lease. That was 1.5 mo rent or close to it. So in reality, you would be paying 2.5 mo's rent, but allowed to live there for a month. No one ever got out of paying for the month notice or the buy out. Here's something though, if we had a skip, legally, we could not charge the $750.00. I don't recommend a skip, just think it's rather odd. Read the rental agreement carefully. It's hard to say specifically, but you should be able to speak to a manager to work it out, since you aren't just skipping after all.

 

[kadaten]

It's all in your lease! We've lived all over and the leases are always different. Your best bet is to read your leave very carefully. If those provisions are not spelled out in the lease, you cannot be bound by them. If they are spelled out, you may be out of luck unless you can convince them to have a heart and give you until Monday. Could you edit your notice to say Monday is your last day if they won't cooperate?

 

[believe]

I agree that if you have to pay 3 months to buy your lease out, I am assuming that is the amount of time left on your lease) then you should live there for the 3 months.

 

[Robinrs]

Originally posted by kadaten
It's all in your lease! We've lived all over and the leases are always different. Your best bet is to read your leave very carefully. If those provisions are not spelled out in the lease, you cannot be bound by them. If they are spelled out, you may be out of luck unless you can convince them to have a heart and give you until Monday. Could you edit your notice to say Monday is your last day if they won't cooperate?

Totally agree!

Read your lease and see what the requirements are. This person may be rushing you simply out of preference. DO get a move out walk thru but let them know that you want it on Monday. I've moved 19 times in my life and have never heard such stringent rules, UGH. Of course, they can decide anything but try to appeal to them through common sense. They might understand.

 

[clutter]

The three month's you're paying is the termination fee to break the lease, it's not rent. It is due upon vacating. If you still have possession of the apartment on March 1, monday, you could owe March rent, PLUS the termination fee. Look for the move-in and move-out clauses in your lease. They're probably in an addednum or in the complex rules. If there's a clause stating that move-ins and outs have to occur when the office is open, then you have to comply (this is especially common in buildings with elevators). However, unless it's stated otherwise, you may be able to get them to do the check-out on Monday. They may do so if you offer to pay the day's rent. But only if your lease allows pro-rated rent. You're somewhat lucky that they are taking your vacating on such short notice, many leases require a 60 day notice, plus termination fee.

Since lease termination fees are standard in southern Florida, you can try an attorney, but it probably won't help. Depends on who owns the property. Most of the larger owners and managers know what they can and cannot put in leases. While the on-site employees may be sympathetic to your plight, they really can't do anything to help out, and they're allowed no leeway.

Wish I could be more encouraging, but your best hope is that there isn't anything you signed saying that move-outs have to be during office hours, or that you have possession of the apartment until a management employee checks you out.