On June 3, I advised my landlord in writing that I intended to move out on August 1. I had a month to month agreement. On June 6, I changed the intended move out date to July 15. My landlord was leaving town and informed he would not be back until after July 15 and would do the walk through with me at a later date (past July 15). I am able to get into my new place July 1. I tried to reach my landlord June 20, 21 and 22 about moving out July 1. He told me that he would not be back in town in time to prep the room for another roommate and would only allow me to move out if I were to show the room and find a qualified applicant. I showed the room this past Monday and submitted an applicant. My landlord adivsed me he was not comfortable with the applicant's monthly income and would prefer that I wait until Monday, June 30 to see if he could find a better qualified applicant. I advised the landlord that the applicant made three times the amount of the rent and this would satisy most rental agency's requirements. I am also curious about this statement as the past two roommates have been students who did not work, but whose sole income was financial aide. I am just curious if I am able to move out on July 1, and pay the two days of prorated rent, since I gave written notice on June 3. I have been told by several people that the 30 day requirement was fulfilled when I gave the 60 and 45 day notice, but I want to make sure before I approach my landlord with this.I would appreciate any advice. Thank you.

Hello F:

Couple things - actually three. 1) Don't get your legal advice from "several people", 2) legal notice needs to be WRITTEN, and 3) you need to include a complete rental period in your notice.

In other words, if your lease expires on the 31st, your landlord needs to receive your written notice ON THAT DATE or before, indicating your intent to vacate BY the 1st of next month.

From a legal perspective, There is no such thing as pro-rated rent. Your rent is by the month - not the day. You owe him for a complete MONTH or you don't owe him anything.

I would NOT involve myself in his new tenants. They have NOTHING to do with you.

excon

Since you are on a month to month the laws vary by location. The general rule is that you have to give one rental period's notice. If that rule is in effect in your area, then you indeed owe for all of July.

There is a sticky at the top of this forum with links to state laws so check what the rules are for your area.

Also, any notice of lease termination needs to done in writing.

Yes, the landlord can hold you liaable for July rent.