Can my old apartment draft another months rent when I do not live there anymore?

UPDATED: Oct 1, 2022

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 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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

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