Q : Equipment leasing

[andrewparkar]

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?

[The_Stache]

What does your contract state? Thats what is correct.

PS this goes in off topic not general/othercars discussion.

[scotchsride09]

diarmadhi has the right idea; whatever's in your leasing agreement is the terms.

However: your landlord is probably right; they consider all notices to vacate from the prior month to be for the month following; like this: you say you gave 40-day notice, well, your leasing agreement probably states you must give at LEAST 30 days notice before vacating (this is standard). Some landlords might be nice and pro-rate you the extra rent but basically, if you gave your notice on the 20th of June, for example, your landlord would consider it to be notice that you would be living in the premises until the following first of the month, the first of August. This is unless you submitted your notice in written format stating that you would be leaving exactly 30 days later (on the 20th of July) and would expect to be compensated for the remaining rent; AND your landlord agreed to and signed these terms. Otherwise, he's right, and you won't get prorated, if the terms of the notice are assumed. As far as your security deposit goes, in CA the landlord has three weeks from the day you vacate to refund it, so you may not get that immediately either.

Things may be different in NY, but that's what I know about it from working in real estate here in CA Sorry, and good luck.

[stephen29]

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.