Are We Required To Pay An Entire Month Rent Or Prorated If Moving Before End Of Month?
We finished a one year lease agreement in a rental home. Our lease has since changed to month to month rental. Our lease requires that we give 30 day notice to move. We gave 40 day notice and plan to move on the 8th of the month. The landlord says that we are required to continue to pay rent through the 31st as the lease is month to month. Should the rent amount for the last month be prorated? He also wants to hold the sec deposit until after the end of the month. Is he correct or me?
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I'm not sure about the second deposit issue, but I do know that he does not have to prorate your rent. However, if you pay the full month rent and still move on the 8th, you have the legal right to hold onto the keys until the end of the month since you did pay for the full month use. If you move on the 8th, I would recommend that you check back on the house to see if the landlord rented it for the second half of the month. If he has, then he is required under the law to prorate your rent because he can't rent the same place to two different families at the same time. Please keep all rent receipts to insure that you have proof that you paid for the entire month, this way if he does rent for the second half and still doesn't prorate your rent, you can take him to small claims court and get your money back.
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Was hoping to hear a different answer, but I do thank you for making it clear. This is the first time we ever rented and were trying to remain true to the letter of the contract. Bad part is we gave well over 30 days, made all our plans and just now found out that the owner says that since we plan to stay past the 1st of the month we have to pay for a whole month. Sounds kind of unreasonable to me, but we got to do the right thing. Thanks for your input. This is a comment from Cjfisher03, converted for him
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