Can my old apartment draft another months rent when I do not live there anymore?
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Can my old apartment draft another months rent when I do not live there anymore?
I moved out on September 28 and they charged me 5 days later for another months rent 5 days after I already moved out. I no longer live there and they drafted the money out of my bank account. I called and they said it was because it was automatic and they didn’t have enough time to shut off the automatic draft. Is 5 days enough time? Is it legal that they charged me? I am currently unable to pay rent for my new house because they took the money
from me.
Asked on October 3, 2017 under Real Estate Law, Arkansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you moved out without providing at least 30 days notice, you owed them another month's rent--the issue isn't whether you lived there any longer, since people can and do rent space they are not currently occupying. Rather, the issue is whether you provided sufficient notice or not. If you failed to provide sufficient notice to properly terminate your tenancy--at least 30 days (unless you lease was coindentally expiring when you moved out), though often more than that is required--they would be entitled to at least one more month's rent.
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