What to do if we did not give 60 days notice that we were leaving at the end of our lease term as was required?

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What to do if we did not give 60 days notice that we were leaving at the end of our lease term as was required?

We gave notice 24 days before moving out. Therefore we were charged 36 days of rent at market value as an insufficient notice fee to make up the remainder of the 60 days time period. The landlord was able to get new tenants to move in 9 days after we moved out. They were now collecting rent from the new tenants as well having collected the insufficient notice fee from us. Since they were able to rent the apartment to new tenants, can they legally keep that portion of the fee we paid? Should we be refunded 27 days worth of rent at market value? Can they collect both rent and the insufficient notice fee for the same appt at the same time?

Asked on October 8, 2012 under Real Estate Law, New Jersey

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the landlord was able to get new tenants within nine (9) days after you moved out where you failed to give the required sixty (60) day notice of termination under your lease then you should have only been charged the nine (9) days of rent and not the thirty-six (36). In essence you are entitled to a refund of twenty-seven (7) days of rent that you paid.

I would write your former landlord a demand letter to this effect mandating payment by a set date. Keep a copy of the letter for future use and need. If the due date comes and goes without payment, your legal recourse seems to be small claims court.


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