I have month to month and wanted to leave early. My landlord and I agreed she could show the home and if she found a renter I would be only responsible for the days I was living there. She found a renter emailed me that she would have her move in on the 6th of the month that she was signing a lease with that person that night. She emailed me a move out check list and told me the pro rated amount I would have to pay. I had even emailed her and asked I just want to make sure I don't have to pay for April if you find someone that is when she responded that she had found someone that they were signing the lease that night and they were moving in on the 6th. She asked me to move by the 31st but still pay for the 5 days. Now 10 days before the 31st she says to me that renter fell through. Am I still allowed to move out and not be responsible for the full rent for the next month since she had already told me that she found someone. Is it my responsibility now since that renter fell through?

It might depend on why the rental fell through, but until someone actually takes possession, you will be responsible up to the end of your lease. Since you are a month to month tenant. The most you could be responsible for is one month's rent assuming you give the landlord one months notice of your intent to move. When did you notify her, in writing that you were moving?

It's a close question, but I believe you have an enforceable contract on the part of the landlord to waive the rent after the agreed move-out date. The e-mails exchanged eliminate any statute of frauds problem, in my opinion.

If the landlord sues you I believe the landlord would lose.

Great, thanks for your opinion, that was what I was thinking as well.

I'm not as confident as AK. Plus the question is whether she has your security deposit. She can apply that deposit towards the unpaid rental meaning you would have to sue her and not vice versa.

I would carry on as planned and see what she does. You will know once she has to return your deposit. Then you can act appropriately. Arranging for the next tenant is her problem to deal with, so let her deal with it but I would be gone when I told her I would be.

Keep your end of the deal including any prorated rent amounts.