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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110506
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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(My apologies for repeating this step--needed to get more info on this website's total fees because was concerned the deposit cld be 10% of total fee.)
Question: Young couple who have a 1 year apt lease received notice on their door that because the lease was almost over, the rent would increase (from approx $1300-$1700). The note indicated they needed to vacate the apt by October 26th if they did not wish to renew the lease. Since they definitely did not wish to, they found a different apartment, put down a deposit, and made arrangements so that they could move in by October 26th. They immediately informed their current apartment complex in writing confirming that they will move out of their apartment by the October 26 the date. They had an apartment office representative sign the form when they submitted it.
The apartment is now saying they must pay rent until October 31st because that is when the lease ends, and the notice on the door was written in error. Must the couple pay rent until Oct 31st or are they now allowed to pay only to Oct 26th?
No need for apologies, customers get confused with this all the time. Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If the lease expires on October 31 then legally they would not have to be out of the apartment until October 31. If the complex is asking that they move earlier than that and the couple agrees to do so based on the written notice from the apartment complex asking them to vacate by October 26, then the couple should get a credit against the number of days they are not in the apartment to October 31 and they would have a right to seek that amount back from the landlord, since the landlord told them they had to vacate earlier than their lease provided. They are allowed to pay up to October 26, since that is when the landlord told them they had to leave by.

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