My boyfriend is moving out of his apartment after 5 years. When he notice to vacate, it was outside the 60 day notice. They say he owes $900...

Question

My boyfriend is moving out of his apartment after 5 years. When he notice to vacate, it was outside the 60 day notice. They say he owes $900.00, but the apartment is already rented to another tenant, once he leaves. I think this is a double dip by the apartment complex and not legal!

Please advise what to do!

Answer

The lease agreement, if written, controls. Have the lease reviewed by an attorney. If he had a required notice period and did not honor it does the agreement provide for a penalty? Normally the re-rental is not relevant to whether the penalty is due.