We are renting a single family home and gave our landlord 60 days notice that we'd be moving on July 21st. Our 2-year lease expired on May 31st and we've been month-to-month since then. We thought we would only have to pay rent for the 21 days in July we were actually living in the home, however, the landlord says we have to pay for the whole month of July. Is that correct?

Some states allow pro rating some don't. Since you didn't tell us where your are (general location), we can't answer. Whenever asking a legal question we need to know your general area to help. Also your lease may specify this so you should read the lease.

We are renting in Virginia. Thanks for your quick response! Also, please note, we are moving because of a military move. It doesn't seem right that if you only live in a home for part of the month, you have to pay for the entire month. The landlord is given ample time to find new tenants. He could move them into the home on July 22, charge them 9 days of rent for July, plus get our 9 days of rent when we weren't even there? Thanks again.

It doesn't seem right that if you only live in a home for part of the month, you have to pay for the entire month. The landlord is given ample time to find new tenants. He could move them into the home on July 22, charge them 9 days of rent for July, plus get our 9 days of rent when we weren't even there? Thanks again.Hello m:

You titled your question "month to month..." You'd be right, if it was "day to day", but it's not.

excon

I couldn't find anything in VA law http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf that specifically deals with pro-rating. However, the standard lease from the VA Realtors association does include pro rating.

Also military personnel generally get breaks here. I would tell the landlord, if he ever wants to rent to military again, he should not charge the full amount.

However, since most people want to move in at the beginning of a month, even though he had time to rent, he may not have found someone to move in just when you vacate.

Even though you are on month to month, the general terms of the lease are still in effect with the exception you are allowed to move and not tied to living there for a set time. Issuses as pets, notice that has to be given still go back to the original lease.

So you will need to read the original lease and see what it says for notice required.

It is common and actually more the norm for notice to have to be given from due date to due date. So a real 60 day notice is from 1st to the 1st 60 days in the future.