What will my penalty be for not giving 60 days notice to the manager of my rental property?

Question

I didn't look over my lease closely enough and was not used to the 60 days notice in my area whenever you choose to not renew your lease. I gave the complex 30 days notice and writing which they received. I went in today (5 days later) to ask about check out procedure because I just signed a lease with another rental property and was going to actually move into the new place before my lease expired. Will I have to pay a full 2 months rent? What happens if I don't pay? What if they put someone else in the apartment? Would I still have to pay two months rent to them? Do they face any penalty for not informing me that my 30 days notice was inadequate when I turned it in? Had I known I'd still have to pay them, I never would have signed the lease with the new complex! There's absolutely no way I can afford to pay for both places and am scared to death. Any feedback is helpful.

Answer 1

I believe that unless your rental agreement specifically states that you must give 60 days notice then you're okay.

If however it does say this then yes, you would be responsible for the duration of the lease UNLESS they are able to rent it out.  If they rent it out before the expiration of your lease they cannot by law collect from you while they are collecting from the new tenant.  That would be double dipping.   Also they cannot keep your security deposit regardless of when you moved out if you have not damaged the premises.  They can however without a portion of it for cleaning the drapes and carpets etc.

I would also read over your agreement again.  Usually landlords convert the agreement into a month to month arrangement after the last day of the lease.  If this is not stated then it would seem to me that once the lease expires there is no longer a contract.  In other words you may not even have to give notice that you are vacating.  Check it out carefully.

Answer 2

You are obligated to pay the rent through the notice period of 60 days. So, yes, you are liable for the rent for the next two months.

If you do not pay and the landlord cannot find a replacement tenant, they can bill you and then send you to collections or sue you in Small Claims courts. If they win and get the judgment, it will go on your credit report, they can garnish wages or bank accounts to collect on the judgment. Judgments can be renewed for up to 20 years, so they have a long time to collect. Un the meantime, it will haunt your credit and rental history.

If they find a replacement tenant, you are off the hook for the rent. You will still be held liable for the prorated rent until the replacement tenant moves in.

Ignorance of the notice requirement is not a defense. It was your responsibility to read the lease and abide by it's terms. They may have figured you knew the consenquences and didn't care.

The whole situation is your own doing. You signed the lease and agreed to the terms. You are bound by two leases and are liable to pay for both.