Q: Can the landlord force the tenant to pay rent after their move-out date so that they can inspect the property?
I gave notice in writing to terminate my lease early with a specified move-out date more than 30 days after the notice was given. The property manager stated that they needed to tack on another week to the specified move-out date in order to conduct an inspection of the property, document the condition, and complete maintenance, if needed. They are asking us to pay for this additional week, and they advertised the property for our specified move-out date plus one week. A new tenant has accepted the property manager’s move-in date (our move-out date plus 7 days). There is nothing in the lease allowing the property manager to charge the tenant for this. It is our opinion that we should not be asked to pay rent during a time where we will not inhabit the property so that the property manager can conduct activities routine to the transition of the property, especially when the lease does not specify fees or additional rent charges after move-out for these activities.
A: It depends upon your exact situation. It sounds as if you were breaking a fixed-term lease. If so, you either owe a lease break fee as specified in the written lease or you would continue to owe rent until a new tenant assumes liability to pay rent, as long as the landlord makes reasonable efforts to re-rent the dwelling (and a week is more than reasonable in most Judge's minds I believe). If this instead was a month to month tenancy, then you owe rent through the end of when you actually move out and restore possession to the landlord, or the end of the 30 day written notice period you gave to the landlord terminating your tenancy, which ever comes last. So if you give notice but move out before the end of that notice, you are likely to still owe rent through the end of the notice period. If you move out when you said you would; and provided at least 30 days advanced written notice to the landlord that you were terminating your tenancy; and you were on a month to month tenancy, then your obligation to pay rent should end the day you move out. The landlord has no right to charge you for his "down time" while he fixes and prepares the dwelling for a new tenant per se, but can charge you according to the above if you moved without adequately and properly terminating your tenancy. Good luck.
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