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    bradler's Avatar
    bradler Posts: 1, Reputation: 1
    New Member

    Feb 16, 2011, 12:10 AM
    Paid rent but got evicted halfway through month. Do I get half a months rent back?
    I am getting evicted for noise complaints. I Paid rent on the first of the month, And received the notice on the sencond. I have to be out on the 16th (halfway through the month). I was wondering if I get a half months rent back?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Feb 16, 2011, 04:45 AM

    First you need to define the notices you received. Second, ANY question on law needs to include your general locale as laws vary by area.

    Depending on the terms of your lease and local law, they may not be able to have you vacate with less than 30 days notice. What you received is almost certainly NOT and eviction order. An eviction order is only issued by a court. So you probably received a notice of termination of tenancy. If you ignore it, they will then go to court for an eviction order.

    If they are terminating your tenancy because of lease violations they may be able to give a shorter notice and may be able to not pro rate your rental. There are too many questions that need answering for us to say one way or the other.
    Ilike's Avatar
    Ilike Posts: 34, Reputation: 3
    Junior Member

    Mar 5, 2011, 01:16 AM
    I would suggest reviewing your lease. It is likely you defaulted under the terms of your lease and likely lost your full deposit.

    In most jurisdictions the Landlord would probably not be able to keep the full months rent (but most would try).

    Have you contacted your Landlord to attempt to work things out? A noise complaint is usually the easiest to solve provided its not a barking dog and you and yours aren't chemically imbalanced. Being remorseful goes a long way.

    Good luck!

    Note: Review your lease we don't know what you signed.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Mar 5, 2011, 05:31 AM

    Hello b:

    Even IF your lease says that the landlord can KEEP rent you didn't use because of lease violations, I suggest that he CAN'T do it. If you leave in the middle of the month, and he DOESN'T give you your deposit and pro-rated rent back, I'd sue him.

    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977

    Mar 5, 2011, 02:25 PM
    Do you have a lease?

    Contact the LL. See if you can work things out so that you don't have to leave. If you can't do that, request that you be given 'til the end of the month you have paid for. If he refuses to do that, ask about pro-rating the rent. If that too fails, let them try to evict you. It's questionable whether they can evict you at all for noise complaints, and if the court does allow it, the court may require pro-rating.

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