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Moving out of a rental mid month, what is the best way to pay the prorated days?
Anonymous4 views3 answers
I am getting ready to give my landlord written that I am moving. We are currently not in a lease. We plan on moving the 5th of October. What is the best way to pay? The landlord says that we will just figure it out in October but I want to ensure I get my deposit back. Should I pay the September rent and include the 5 days in October?
You do not have any RIGHT to leave early and pro-rated your rent. If you landlord is in AGREEMENT, then write two checks right now . The first is for the September rent. The second is for the pro-rated 5 days in october. Make sure your landlord gives you a receipt that says "for pro-rated october rent due to early move out on October 5th 2014" on it. Put "Pro-rated October rent" on the memo line of your check.
Get it in writing. The landlord is under no obligation to prorate rent so get it in writing that is the deal otherwise you will be stuck with the month of October. If you do pay the prorated october rent make it clear that is what you are doing.
Good Luck
You can move out of the rental any time you like since you do not have a legal duty to physically occupy the rental. However, you owe rent for the entire rental month unless the landlord agrees to pro-rate the rent or you are a victim of domestic violence.
If your absence from the rental leads to some damages, you would also owe for the damages. For example, if on leaving the rental, you absentmindedly left the water running and the water floods the rental, you would be responsible for the damages.
If you believe the landlord is agreeing to pro-rate your rent, you should get the landlord to put that in writing. It the landlord does not write down that rent would be pro-rated, you likely will not win any claim that rent is pro-rated.
