I am moving out of an apartment in las vegas that I had a 13 month lease on. The lease term has run out. At this point, it continued on the same terms as a month to month lease. I gave 30 days notice recently, it stated that I would be out by the 25th? In other leases I would have a prorated rent for unused days of the month. This complex is saying because it is month to month, that I must pay for the entire month. Is this correct?

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Originally Posted by Debia

I am moving out of an apartment in las vegas that I had a 13 month lease on. The lease term has run out. At this point, it continued on the same terms as a month to month lease. I gave 30 days notice recently, it stated that I would be out by the 25th? In other leases I would have a prorated rent for unused days of the month. This complex is saying because it is month to month, that I must pay for the entire month. Is this correct?

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They are right and you are wrong... you have to give notice BEFORE the end of the month to move out at the end of the next month (I.E. you have to let them know in May you would be leaving the end of June)... there is no "prorated time" leaving... you pay for the entire month... you owe it in in its entirety. You don't rent by the day... you rent by the month... That' how 99.9999% of the Leases work. The only exception being when you rent by the week or by the day. No lease have I ever seen or heard of that your final month is prorated... ever. Only the month you move in if its not effective on the 1st (when the lease takes effect... not when you actually decide to move your stuff in it).

I couldn't find anything in NV law that addresses prorating rent. The closest I could find was a statement that Nevada law doesn't say HOW to pro rate, which implies that pro rating may be law. Also, NV only requires a 7 day notice (though your lease may have required more.

So you go back to the lease. If the lease says 30 days, then its 30 days. If the lease says one month than it's a calendar month.

I would go back to the management and ask them to show anything in the lease or NV law that requires you to pay the full month.

I did give 30 days notice, as I said. So I gave notice in May for June. But I have never had to pay for days I was no longer living in the residence. This is only about the days left in the month after the 30 days. My lease only said I had to give 30 days notice. (Which I did) It did not spell out the terms should it become month to month. Just that at the end of the lease, if it was not renewed, it would become a month to month lease.

So you already paid for June? Tell then if they don't return the 5 days with your deposit you will consider going to court.