If my leasing term is up, can I be charged a prorated amount for not giving the time of notice specified in the lease contract?

UPDATED: Jan 12, 2012

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If my leasing term is up, can I be charged a prorated amount for not giving the time of notice specified in the lease contract?

My lease stated that I must give a 60 day notice prior to moving out. I gave the notice about 15 days late (mid November), but before the lease term was up on the last day of last month. The lease states that if 60 days notice was not given, it would be assumed that the lease was to be renewed. The apartment complex is now trying to charge me a prorated amount for this month to account for 60 days from when I gave my notice. Is this legal?

Asked on January 12, 2012 under Real Estate Law, Utah


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a written lease agreement, its terms control the obligations owed to you by the landlord and vice versa in the absence of conflicting state law. If you failed to give the required 60 day notice for moving out, the property manager under the document you have mentioned seems to be entitled to pro-rate the time period for this month to account for the required 60 days notice assuming the unit has not been rented out to another tenant.

If so, then you should not be required to pay for time when you are not occupying the unit when someone else is in it.

You are fortunate that the apartment complex is not trying to deem that you renewed your lease for the full term automatically.

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