Help figuring out whose in the right about a prorate move out date

February 27, 2013 6:16 PM

Moving out this weekend, management company wants to charge me until new tenet moves in - whose in the right?

I'm currently living in Minnesota, Minneapolis area. An apartment I had rented is set to end in March, however I gave permission to show and rent to a new tenet with a move in date of ASAP. My management company called today and stated that a new lease was set to begin 3/11 however the company is requesting that I be out by 3/3 to allow for their needed repairs and to flip the apartment. I also set the official move out walkthrough for 3/3, however the management company is stating that first, the prorate March rent will not be issued until the end of April and more importantly, that they are going to charge me rent until 3/10 (I give up all access to my apartment and the building after the walkthrough on 3/3) which I'm not sure if this is legal.

What are my rights in this situation? I've read through my state's tenet laws but wasn't able to find anything related to this.

posted by lpcxa0 to Law & Government (8 answers total)

Are the repairs necessary because you caused damage to the apartment, or are they routine wear and tear types of repairs? That would make the difference in my mind.
posted by HuronBob at 6:29 PM on February 27, 2013

Response by poster: Both, there are some fist size holes in the wall (less then 3-5) and a bedroom door needs to be replaced (all damage caused by a visitor but that doesn't matter). The management company also has a full time maintenance staff, so nothing that would be a weeks worth of work.

*Also tenant not tenet
posted by lpcxa0 at 6:40 PM on February 27, 2013

are they going to charge you for all the repairs? if they aren't charging you for the repairs i'd let the 2 weeks slide. If they are billing you for all repairs, then i wouldn't vacate and hand the keys back until the last day you are paying rent.
*internet justice rules, not legal rules.
posted by TheAdamist at 6:59 PM on February 27, 2013

I can't speak for your jurisdiction, but the standard is usually that the landlord has to fill the unit as soon as reasonably possible, and that you're responsible to the rent up to that time. All the landlord has to show is that fixing the apartment in less than 5 working days would have taken an unreasonable amount of effort. I doubt you'd be able to show otherwise. Let it go.
posted by no regrets, coyote at 7:02 PM on February 27, 2013

They're letting you break the lease and you've left fist-sized holes in the walls and a trashed door; I think you should eat the extra week. Damage like that is beyond normal wear and tear and while it's not a week's worth of work, it's still more than what's usually necessary.

(Also, who's, i.e., who is.)
posted by shoesietart at 7:07 PM on February 27, 2013 [3 favorites]

IAALL

shoesietart is right. In Texas, I'd both prorate to move in date and charge for the repairs.

The damage is definitely deductible from the deposit. If I understand correctly that you're effectively breaking the lease and they've effectively found your sublessee for you, you're on the hook until the new tenant takes over. This is how I would handle in in TX and how I've had this situation handled when i was renting and vacating in IL.
posted by cmoj at 9:14 PM on February 27, 2013

Call the relevant landlord tenant agency in your jurisdiction. My feeling is you are out on 3/3 - that's the date you pay until.

That paltry amount of damage can be repaired in one day, two TOPS.

I have no idea if fighting this would effect the return of your deposit adversely, but it can't hurt to know your rights so you can weigh your options.

Call the relevant authority and get clarification. Decide once you know your rights for your jurisdiction.

The landlord agreed to let you move out. They might not be able to penalize you after the fact. Check on your rights here.
posted by jbenben at 11:17 PM on February 27, 2013

Huh, I read it differently. You have a lease that goes through 3/31/13. Your management company worked out a deal with you to let you out of your lease so that they could put in a new tenant as of 3/11/13. They want you out as of 3/3/13 (understandable; your opinion is that it could be readied quicker, but let's be honest, that's not at all realistic). No, I wouldn't expect to be on the hook for the extra week either. But I would expect that damage beyond normal wear and tear would be my responsibility, and I would have patched any fist-sized holes that occurred during my tenancy, as well as fixing or replacing the door.
posted by disconnect at 6:18 AM on February 28, 2013