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    sherif0528's Avatar
    sherif0528 Posts: 1, Reputation: 1
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    #1

    Nov 18, 2008, 01:03 PM
    Prorating Rent when on a month to month basis
    I am trying to get a pro-rated amount back from a landlord since I was on a month to month basis and gave over 30 day notice to vacate. The pro-rated my rent at the beginning of the lease. I paid the last month in full on good faith and only stayed 10 days of the beginning of the month.

    Should they have to pay me back for the unused days?

    Sherry:confused:
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Nov 18, 2008, 01:13 PM
    That depends on the laws in your area. In many states the landlords are not required to prorate unless they can fill the tenancy before the end of the rental period. If you gave ntoice but you stayed 10 days beyond your move date, then you impacted the landlord's ability to rent the unit for the entire month. You may even have cost him a tenant because they were not able to move in when anticipated.

    I moved your post to the Real Estate law forum. I have to ask why you originally posted in the Forum Help area. To get there you had to scroll past this forum. You also had to ignore warnings to only use the forum Help area for questions about using the site.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Nov 18, 2008, 01:42 PM
    Quote Originally Posted by sherif0528 View Post
    I am trying to get a pro-rated amount back from a landlord since I was on a month to month basis and gave over 30 day notice to vacate. The pro-rated my rent at the beginning of the lease. I paid the last month in full on good faith and only stayed 10 days of the beginning of the month.

    Should they have to pay me back for the unused days?

    Sherry:confused:




    What State? In NY if you are there 1 day into the next month, you owe the entire month's rent. The Courts do not expect the landlord to go without that month's rent because the new tenant couldn't take occupancy as of the 1st.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Nov 18, 2008, 02:30 PM
    Quote Originally Posted by sherif0528 View Post
    I am trying to get a pro-rated amount back from a landlord since I was on a month to month basis and gave over 30 day notice to vacate. The pro-rated my rent at the beginning of the lease. I paid the last month in full on good faith and only stayed 10 days of the beginning of the month.

    Should they have to pay me back for the unused days?

    Sherry:confused:
    This is all a bit confusing. If you were a month to month tenant, why did you pay rent in advance? Why not just sign a lease?

    I'm going to need a bit more clarification on this. Are you saying, for example, you told your landlord on October 10th that you would be moving, and then moved out on November 10th after paying rent for the entire month of November?
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