For a lease holdover, can a landlord charge whatever they choose for rent?
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For a lease holdover, can a landlord charge whatever they choose for rent?
My husband and I just finished a 1 year leaseand gave 30 days notice of our intent to move (if notice isn’t given, the lease becomes a month-to-month lease). We were supposed to be out of this place by the end of the monthbut found out we cannot take possession of the new place until the 11th of the month. Before I continue, I will tell you that the current place has not been rented, and they just listed it for sale on the 4th of the month. They have not requested to show it to anyone. Instead of charging us pro-rata rent for the number of extra days we will actually be here this month, they want the per-day charge + an extra week for “their inability to market” the house.” Is this legal to charge someone extra rent for time they are not in the property? Is a little over a week hold-over inhibiting them from “marketing” the house?
Asked on August 5, 2011 Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have a written agreement with your landord regarding the term of the lease that just expired after a year, read it carefully. Its terms may control what amount of future rent will be for you since its terms state that the lease now becomnes a month-to-month lease.
There may be language in the expired lease as to requirements for a rent increase on a monthly basis and proper notice required to have any rent increase becoming effective.
The landlord most likely can charge you a pro-rated monthly rent for your extended stay at the unit. I doubt that the charge for the extra week for "inability to market the house" was agreed to in your expired lease, and if agreed to, that provision seems contrary to public policy and would most likely be invalid even if you agreed to it.
Most states have laws allowing landlords reasonable notice to enter a rented unit for various reasons, such as when the place is for sale and interested buyers want to view it. An additional week's rental of the rented unit does not prevent it from being market by the landlord.
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