Are we entitled tohave our rent pro rated if we were forced to move out early?

Get Legal Help Today

 Secured with SHA-256 Encryption

Are we entitled tohave our rent pro rated if we were forced to move out early?

Since we have been living our apartment there was a change of management companies. The old management’s lease stated that we had to be out by noon on the 25th of the month. The new management company sent us a letter stating that we had until the 31st of the month. We were forced to be out by the 25th. When we asked why, they stated that we were still on the previous management’s lease so the 25th applied and even if we’d signed a month -to-month it would have been an extension of the old lease and all of the former rules would still apply. Is that true or should the month be pro rated?

Asked on March 29, 2011 under Real Estate Law, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If there was a written lease and it was still in force (e.g. it's term had not yet expired or run out), or it had been renewed, or it had expired but you were holding over without a new lease being signed (e.g. gone to being month to month after the expiration), then, in any of those circumstances, the old lease terms, including when rent is due and when you had to move out, would still be in force. (When a building is sold, it is sold subject to existing leases; or if the ownership is the same but the manageming agent or company changes, the old lease is still in effect). Only if the old lease was replaced by a new lease would the terms change. So whatever move out, payment, etc. terms were under your old lease would most likely still govern.


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 AttorneyPages.com 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 with SHA-256 Encryption