My apartment says I con only termniate my lease on the last day of the month?

Question

I'm PCSing (military change of station) to RAF Lakenheath in the UK and currently live in an apartment near Hill AFB, UT. I told the apartment manager I would be getting paper orders signed very soon and would have to break the lease come the 20th or so of August and he told me that I'll have to pay up to the 30th of the month. However the military clause in the lease says I only have to give 30 days notice to break the lease and nothing about saying the move out date (the last day I pay for) has to be at the end of the month even though I will be moved out and gone.

He says they can't pro-rate, but when I moved in they pro-rated my rent.

Is this guy full of $*** or is there something that would make me have to pay until the end of the calendar month?

Answer 1

Per Utah's landlord tenant laws, the termination date must coincide with the end of a rental period, only 15 days is required unless the lease states otherwise. Since you pay monthly, you would be liable for all of August's rent. Proration of rent is not required per the law.

The SCRA requires that the 30 day notice coincide with the end of a rental term as well.

From the Servicemembers Civil Relief Act (SCRA):  

Section 305 - Termination of residential or motor vehicle leases

(d) EFFECTIVE DATE OF LEASE TERMINATION-

(1) LEASE OF PREMISES- In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.

Answer 2

I will read your posting carefully--

a; you must put that you are leaving in writing

but few landlords require that.

b; ordinarily, you must pay in advance for

a full month and you get the excess payment

back when you get your deposit back.

c; The landlord requires a full month

payment and the military part says you

only need to give a 30 days notice

to break a lease.  I have never heard

of a "military part"......but presuming

that it is ok..........I do not

see a dichotomy--the landlord is saying

"it is ok to leave early--before your

lease expires, but you still have

to give a 30 days notice not 20 days

notice.   I am not sure if you gave

20 or 30 days notice.

Thus, you are allowed to break the

lease, by giving a 30 day notice

but the military does not state the

landlord is prohibited from charging

you for days you won't be there.

Meaning the landlord seems to want

"damages" of 10 days rent paid

where you won't be there.

Am available to help  but I do not see that

the landlord is violating anything.