Is this illegal what my landlord is doing?
I signed a lease for a year at a student housing apartment (so leases start and end in august). My lease ends at the end of the month but due to COVID they are saying that you have to make an appointment to check out and “you dont want to do that on the last possible day as there wont be availabilities that day”. This essentially means that not everyone is allowed to live at the apartment until their lease term is up...if I have to move out several days earlier that is around 80 dollars of rent that is just being thrown away. It also complicates the moving process as my other lease begins around the same time
- D50Lv 61 month ago
I'm not sure what "check out" really means. Your lease MIGHT require you to jump through some hoop when you leave, but no court is going to award a landlord anything if you paid your rent and didn't damage the place. Your landlord cannot prevent you from moving out your stuff on the last day of the month and giving him the keys. Be sure to take a lot of photos showing how clean and undamaged the apartment is when you've emptied it. Most states now have laws requiring a landlord to return your deposit quickly once you vacate the apartment and often have penalties if he doesn't follow the rules.
- 1 month ago
You have a contract and both parties have to abide. For example, they would charge you for leaving early so it needs to go both ways. I would reread the lease to make sure. My landlord was strict and I did not want to break the lease even though I had an emergency and my family needed me to move in their place three months early with them for a medical emergency. I kept the place and was paying three months which kind of was a good thing for me because it was my escape when I could.
Also, in my area, they have extended the hold on evictions. I don't know where you are and what your local government is doing with current eviction laws. If not, contact the local news station and tell them what is going on. They will eat it up. They love a story where consumers and tenants are being pushed out when there is a pandemic. Get the tenants together that you trust. It's illegal because it goes against the contract unless there is a clause. They might find a reason to evict you early if they are desperate.
If you don't want to try to fight you can try to ask your new landlord if you can move in early but you are right about the portion of rent because I didn't have to pay the full month of rent when I moved in on the 15th instead the first
- Anonymous1 month ago
You appear to be saying you have a lease, and you want to leave early. You still owe rent for the term of the lease. I don't understand how you would lose $80.
You move out in accordance with the time frame. If the landlord does or doesn't have time to "check out," well, that's his or her issue, not yours.
But if you plan to leave 14 days early and want prorated rent to return to you, that is not going to happen.
I don't know what "not everyone is allowed to live at the apartment until their lease is up." Are you saying you are being asked to leave early? If so, they are in violation of the lease. Don't pay - they are in violation; Overstay - you are in violation.
- SlickterpLv 71 month ago
They can do the check out, but they must allow you access to the unit through the lease period. IF they do not, then they owe you the rent back. Everyone leaving on the same day is their problem, not yours.
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- curtisports2Lv 71 month ago
Does the LEASE say you have to make an appointment to check out and speak about the specific timing? If it doesn't, they can make up any 'rule' they want but they can't enforce it. If they tried withholding security deposit with that as an excuse, a judge would blow that out of the water in court.
As long as you gave notice that you were not renewing the lease and would vacate, the place is yours until the last day. Ask them now, in writing by mail with proof of delivery, how they want the keys returned other than some made-up rule that isn't in your lease, or you will leave the apartment unlocked with the keys on the kitchen counter when you move out. Take someone with you who can record the condition of the apartment as you walk about pointing things out, if you can't get someone from the apartments to do the walk-through with you. Record the date and time in some way when you record, maybe having a TV news broadcast on. This recording will be evidence in case the landlord tries to keep your security and you have to sue to get it back.
- linkus86Lv 71 month ago
Yes, it is legal. Why? Because it doesn't mean "that not everyone is allowed to live in the apartment until the lease term is up", as you think. Your appointment to check out does not require you to move out on the same day. I suggest you reread your lease.
- MatthewLv 61 month ago
Freind stay till the last day of the lease and get your deposit back that's simple
- KathyLv 71 month ago
Contact a lawyer to find out.
- Anonymous1 month ago
For a professional answer on this, you need to contact a lawyer.