If the landlord requires me to vacate the premises 7 days before the next tenant moves in to fcleaning/repair, do I still have to pay rent for those days?

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If the landlord requires me to vacate the premises 7 days before the next tenant moves in to fcleaning/repair, do I still have to pay rent for those days?

For instance, I have to be out by the 20th but they are saying that I have to pay through the 27th.

Asked on June 20, 2012 under Real Estate Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally, you only have to pay for the days that you are in possession of the premises.  If the landlord is ending the lease early, he can't complain about you leaving early, and then penalize you for leaving early.  He should probate the rent and charge you for only the days that you are actually in possession of the property.  Keep in mind this is general landlord tenant and contract law--- the exception to this answer would be if the contract you signed authorized him to do what you are describing and you agreed those terms when you signed the rental agreement.  Otherwise, you shouldn't have to pay for the seven extra days. 


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