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Forced to move out before the weekend (on Aug 29). Legal?

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Forced to move out before the weekend (on Aug 29). Legal?

Postby ptrwtts » Wed Aug 20, 2014 2:41 pm

In our lease, it says that if the last day falls on a weekend, we must be out by 12pm on the preceding weekday, which in our case is Friday, Aug 29.

Is this legal / enforceable? We paid full rent for the month, yet we're being asked to leave 2.5 days early. It's a huge inconvenience as it would mean we need to find accommodation for 3 nights until our next lease begins on Sep 1st.

Obviously we signed the lease, but is such a condition even legal?
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Re: Forced to move out before the weekend (on Aug 29). Legal

Postby TenantNet » Wed Aug 20, 2014 3:08 pm

Seems you're not regulated (did you look to see if you might be?)

The dates of the lease would be stated in the lease. Some landlords do not permit (or want to permit) moving on the weekends, i.e., moving large objects and tying up elevators. But that does not change your lease rights or your rights of possessions. Some landlords might turn off a freight elevator depending on they type of building, so factor in what type of cooperation you might need from the building staff to move your large beds or sofas.

In our view, the lease is good through the end of the month and they can't really force you out earlier. Other than not making a freight elevator accessible for large furniture - or something similar - I don't see how they can enforce it.

Check to see if they say they will impose some sort of fee or fine. For something like that they might try to take it out of your deposit, but many landlords already make bogus claims on deposits (which is why many tenants let the deposit cover the last month's rent). Again, I have a feeling any fine would be related to moving large objects.

As for still sleeping and living in the unit until the end of the lease, I would say you have an absolute right no matter what it says. And I don't see how they can change that as long as you still have possession. If they tried to change the locks on Friday, that still falls under an illegal eviction (see the discussion on that in the forum's reference section). Just in case, take many photos and have a witness. You should also ask the landlord for a walkthrough (to identify any damages) and get a receipt for the keys. Protect yourself.
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Re: Forced to move out before the weekend (on Aug 29). Legal

Postby ptrwtts » Wed Aug 20, 2014 3:17 pm

Thanks for your quick response. The building has no elevator, so that's not an issue.

I think we will we ask to either stay for the full month or get a pro-rated refund on the days we paid for, but won't be there.
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