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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 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.


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