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

UPDATED: Mar 29, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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