Q: Do I have to pay rent while my landlord cleans the apt?
I am breaking my lease two months early but I have found my landlord a new tenant who can start his lease the day I move out. The landlord says he needs 21 days to get the apartment ready, and wants me to pay rent for those 21 days. The new tenant is happy with the condition of the apartment, and the “get ready time” would have happened either now or when my lease ended no matter what. Do I have to pay rent during that time?
A:
Your rental agreement/lease sets out your rights and obligations and those of your LL as well. Some LL want to stick to the terms of the agreement. Your LL is entitled to have you pay rent under the terms of the lease. If you want out early, he does not have to honor your requests, but he must minimize his damages, and if you have a qualified replacement that he refuses to accept, he is not doing that. Have you though about subleasing to the new tenant? The LL cannot withhold his consent to the sublease, unreasonably. Then your friend could move in the apartment and hold over after your lease ends. Sounds like this LL is not going to be easy to deal with, his obstinacy could blow the whole deal and just leave you owning 2 months rent. You better be sure the apartment is pristine when you move out or you are going to pay for the cleaning.
Ultimately your remedy is to go to small claims court.
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