[sara9894]

We're in Pennsylvania and currently have a month-to-month lease. We just bought a house and closed on January 8th. On the 11th, we mailed our "intent to vacate" letter to our landlord stating that we were giving our obligated 30-day notice and will be out of the rental property "on or before February 14th". Our landlord responded with a brief and unhappy "thanks for the letter" message on our answering machine on January 13th. To me, his response acknowledges that we in fact gave him 32-days notice and fulfilled that contract requirement.

My question is - and this is not mentioned in our lease contract - are we obligated to pay rent for all 28 days in February or do we just sent a check for the 14 days worth of rent? If we do send the full payment, will the difference be refunded when our landlord returns our security deposit?

[rosemcs]

Does your lease say anything about having to move out on a certain day of the month? If not, since you gave proper notice, you are only responsible to pay through the 30th day of your 30 day notice. It doesn't matter what day of the month it falls upon. You can always call a local property manager and ask them a generic question too, so that you are protected.

[sara9894]

Does your lease say anything about having to move out on a certain day of the month? If not, since you gave proper notice, you are only responsible to pay through the 30th day of your 30 day notice. It doesn't matter what day of the month it falls upon. You can always call a local property manager and ask them a generic question too, so that you are protected.

I don't believe so. This is what my contract states:

This Lease will automatically renew for a term of month to month at the Ending Date unless:
A. Tenant gives Landlord 30 days' written notice before Ending Date or before the end of any Renewal Term.
B. Landlord gives Tenant 30 days' written notice before Ending Date or before the end of any Renewal Term.
C. For Month to Month Leases Only: Either Landlord or Tenant may end month to month Lease by giving 30 days' written notice on or before the day the next rent is due.

Since we've been here so long, we're on a month to month term, so I guess technically, our current lease ends on January 31st. I'm just confused because the contract states "on or before the day the next rent is due," which would be February 1st, and our landlord certainly got notice well before that.

[smoothy]

Previous experience has meant full month increments when departing the apartment... While I can't say the PA law is, I've found that to be true in MD and VA. You prorate moving in if not on the 1st of the month... but leaving I have found to be for the full month... until the last day of that month.


Besides... Unless you live out of a suitcase... or pay movers... I've never been able to relocate in one day.

[sara9894]

Besides....Unless you live out of a suitcase...or pay movers... I've never been able to relocate in one day.

No, we don't live out of suitcases and won't be paying movers - unless you count buying some pizzas and beer for our friends.

We're only moving a mile away, and while my husband's at work, I've been painting, cleaning, and moving boxes and whatnot - whatever fits in my SUV - since we closed two weeks ago. We only need one day to move the big furniture and another day to clean the rental (aka this weekend). It's not that we don't have a lot of stuff; I'm just incredibly organized and have a place for everything, so moving isn't difficult at all.

Regardless, we'll be completely out of the rental by January 31st, but because of the timing of everything, the notice period rolled into February. If we had a 15-day notice, my life would be easy. In any case, my view is the less we have to pay for an unused, empty rental in February, the more cash I'll have to spend on decorating my new house.

[sara9894]

I should note that I've read Pennsylvania's Landlord Tenant Act of 1951 (http://www.attorneygeneral.gov/uploa...tenant_act.pdf), but for the life of me, I don't see any wording that states one way or the other.

[rosemcs]

I read that Pennsylvania's Landlord Tenant Act of 1951 too, and it's funny, that I didn't see it in there too for you.

My state has different laws than smoothy, so if no one else on here can answer, you may want to just call up a Property Manager, maybe offer them some free coffee for the advice.

[ScottGem]

C. For Month to Month Leases Only: Either Landlord or Tenant may end month to month Lease by giving 30 days' written notice on or before the day the next rent is due.

There is your answer. You will be required to pay the full amount for February. The clause you quoted indicates that notice must be for a full rental period.

[rosemcs]

I originally thought this about C. but it still is not specific enough about payment. It seems to be the right answer, but the wording is awkward.

It's just that my state's tenant laws are easier to read. They actually give an example of leaving partially through the month... maybe sara and I read too much into the wording.

[sara9894]

I originally thought this about C., but it still is not specific enough about payment. It seems to be the right answer, but the wording is awkward.

It's just that my state's tenant laws are easier to read. They actually give an example of leaving partially through the month....maybe sara and I read too much into the wording.

Exactly. The way I read that, if I give notice before the rent due date, that gives the landlord time to figure the prorated amount.

The number of days in a month play a part as well. If I were to give notice on February 1st (the rent due date), 30 days is March 2nd, so that would mean I'd be liable for March's rent? It seems off-kilter when every other month of the year has at least 30 days.

[ScottGem]

Most states don't provide for pro-rated rent. I couldn't find anything that indicates PA does.

[sara9894]

Most states don't provide for pro-rated rent. I couldn't find anything that indicates PA does.

I don't mean to be a pain, but that's why I posted here. I can't find anything to indicate that PA provides for pro-rated rent... but I also can't find anything to indicate that it doesn't.

I'm not inclined to put all my faith in my landlord doing the correct thing legally because after reviewing our lease for the first time since we signed it, we came across a tidbit that states he should have been sending us annual checks for the interest our security deposit accrued each year; that's also part of in the PA Landlord Tenant Act. This is also another item I included in our letter that he has failed to acknowledge.

[ScottGem]

I believe the requirement for annual statements is for large landlords having multiple units. So double check that.

I alos believe that unless the law expressly allows pro-rating, the courts won't uphold it.