Many people are confused whether their landlord can demand that the tenant has to move out 14 days before the lease terminates. Therefore, we would like to make the rules clear. The answer might surprise many.
“You have to be out 14 days before”
“Hi tenant, you are to move out 14 days before your actual move out date.” Many tenants have heard this sentence. Sometimes the landlord is in the wrong to force the tenant to move out 14 days before. Other times the landlord is in his/her good right to do so. Here it is important that as a tenant you follow the regulation – otherwise, it can cost you a month’s rent.
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When can your landlord demand that you move out 14 days before?
It depends on what is stated in your lease. It is crucial that you read your lease thoroughly and especially § 11, as you will find the answer here. It is in § 11 of your lease that additional obligations are imposed on you, or where your rights are restricted (of course within the Rent Act’s frame work – remember this!). There will often be a sentence in the style of:
The tenant must move out of the tenancy 14 calendar days before the moving out date so that the landlord and workers have time to refurbish the tenancy.
Remember that it can be written in many different way. However, you just have to be aware that if the meaning is the same as the example above, it is justified that your landlord demands that you move out 14 days before the actual move out date in order for the tenancy to be refurbished.
Remember that the 14 days also include weekends and public holidays. Many people think that the 14 days only include working days.
If you have terminated your lease so that you lease ends on 31/1-19 and it says in your lease that you must be out 14 days before, you have to be out on 17/1-19.
If it is not stated in your lease or have been arranged between you and your landlord, the landlord cannot demand that you move out of the tenancy 14 days before. So, if your landlord demands that you do so, you are in your good right to stay in your tenancy the whole period of time and not move until the move out day. (NB: remember to be aware that you have to refurbish yourself).
The tenancy must be ready at the move out date
As a tenant, it is important to remember that the tenancy must be 100% ready at the moving out date. This is due to the new tenant moving in a few days later, and the tenancy must, therefore, be in proper condition for this date. By doing so, you make sure that you are not liable for an extra month, because you have not made sure the tenancy is ready (an example could be that the tenancy has not been cleaned). It can, therefore, be beneficial to move out in time to hold a final inspection. If you do this, you do not run the risk that there are shortcomings that needs to be corrected in the new tenant’s tenancy.
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Your landlord cannot earn double rent. This means that the landlord cannot claim rent from both the old and the new tenant if it covers the same time frame.
Do I need to pay rent for the 14 days after I have moved out?
It has been determined in case law that the landlord can demand that the tenant has to move out of the tenancy 14 days before the move out date and still claim rent for the whole month. This means that the even though you actually only live there for half a month and the landlord refurbishes the remaining days of the month, you will still be obligated to pay rent for the whole month.
When do I then need to move out?
If it appears from the lease that you need to be out of your tenancy 14 days before the moving out date, you need to count 14 calendar days and not 14 working days. This means that weekends are also included in this time frame. If you have to move out in a month with 30 days, you have to hand over the tenancy on the 16th of the month at the latest.
It is a complicated are, and often it is not stated in leases. That means that many tenants get scammed, as they have moved out 14 days before they actually had to. They are, therefore, deprived of the last 14 days of the lease. We always recommend that you contact us in such cases, and we will look through your contract for free.
Why should you get help from DIGURA?
Every month, we help thousands of tenants both via our membership solution and our case processing. When we process the cases, we achieve a positive result for the tenants in 98% of the cases. We are here to help you who are potentially being deceived by your landlord, and you who actually want to keep the money you are entitled to.
When can the new tenant move into the residence?
A question that often occurs from the tenant when moving out 14 days before is, when the new tenant can move into the residence. If you have paid rent for the whole period (a whole month and moved out 14 days before), it does not seem fair that you pay rent for the new tenant.
As a rule, the Rent Act states that the landlord cannot earn double rent. This means that when the landlord starts receiving rent from the new tenant, he/she cannot claim rent from the previous tenant at the same time. In situations where a tenant moves out 14 days before, this is rarely the case. Let’s look at an example.
Example: You move out of your apartment the 16/01-19, as you need to out 14 days before and your lease terminate the 31/01-19. The landlord is finished with the refurbishment earlier than expected, and the apartment is, therefore, ready the 26/01-19. The landlord then gives the keys to the new tenant that will pay rent from the 01/02-19 but have been allowed to move in 5 days before.
We see the example above many times. As a rule, it is okay that the landlord lets the new tenant move in a few days before, and therefore the above mentioned will be seen as acceptable. The landlord does not earn double rent for this period and the tenancy would be empty anyway.
I cases where the landlord does not refurbish and lets the new tenant move in straight away but still demands that the previous tenant moves out 14 days before it can be problematic. It such cases, the landlord will presumably claim a full month rent from the previous tenant and half a month from the new tenant. This would be against the rules.