Q: Hello, our rental lease ends on 7/28/24 and we've decided not to renew nad provided a 60day notice on 6/3.
Hello, our rental lease ends on 7/28/24 and we've decided not to renew and provided a 60day notice on 6/3 which is less than the 60 days they required which means month to month lease will go a few days into August. Our landord (Invitation Homes) advised me they will charge the whole month of August even though the contract states pro rata. We also received this statement in an email.......Residents who provide less than a 60 days' notice that they will vacate their home will be charged a pro-rated rental amount for each day that we did not receive appropriate notice. That amount won't exceed 2 months of rent and will be considered liquidated damages. Do they have a right to charge the whole month? Thanks for your assistance!
A: Whether they have a right to charge pro-rated rent as liquidated damage depends on wehther the lease has a liquidated damage clause and what it says. Rule of the thumb is charging two months of rent as liquidated damage is considered reasonable in the residential lease enviorment.
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