Can an apartment complex charge me a pro-rated termination fee if it is at the expiration of the term?

UPDATED: Jul 29, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an apartment complex charge me a pro-rated termination fee if it is at the expiration of the term?

Just to clarify this is not an early termination. I gave a 34 day notice that I will not be renewing my lease and will be leaving at the expiration of the lease term. However the apartment complex says a 60 day notice is required and is asking for a pro-rated termination fee of $812 (based on a monthly rate of $899). The lease I signed says intent to vacate must be submitted in writing 60 days prior, but says nothing of a pro-rated termination penalty or fee, or any other amounts I have to pay if that condition is not met. Considering that, am I in any way legally bounded to pay that amount?

Asked on July 29, 2011 Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Read your lease carefully between you and the landlord in that its terms control the obligations and duties that you and the landlord owe each other concerning the unit you were renting.

If your lease was a fixed term, you are ending it at its term's end, and nothing is mentioned within about a pro-rated termonation fee or termination penalty fee, then you should not be charged this by the landlord at the lease's end. Even if there was language in the lease as to such, your state's statutes on the subject may deem the language illegal and unenforceable.

You should write your landlord a letter on the subject and the reasons why you do not consider the provision valid, keeping a copy for future reference.

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption