I have a new apt that will be vacant on the last day of the month, however, the management company needs a couple days to clean the carpets. They are willing to prorate rent for those days while they clean the carpets, etc. I am giving my current landlord a 30-day notice which would put me moving out mid-month. She has someone who can move in on the 1st of the month and wants me to move out sooner (by the 1st). She refuses to prorate rent to accommodate the restrictions on moving in to my new apt. According to her, I either need to be moved out on the 1st of next month or the 1st the month after that. 30-day notice only on the first of the month. Is this legal or correct?
Nicholas Patrick MerrillContracts / Agreements LawyerPortland, OR ·
You can give your 30-day notice at any time, but (obviously) not less than 30 days prior to the termination of the tenancy. Does your rental agreement say anything about prorating? Oregon law allows landlords and their tenants to specify what will happen in these circumstances. If no language in the rental agreement addresses the issue, ORS 90.427(6) applies:
"The tenancy shall terminate on the date designated [in the 30-day notice] and without regard to the expiration of the period for which, by the terms of the tenancy, rents are to be paid. Unless otherwise agreed, rent is uniformly apportionable from day to day."
You can prorate your rent yourself -- divide the monthly rent by 30, and pay for the days you will stay,. If the landlord messes with you, consult with an attorney about bringing a civil action.
Mr. Merrill is correct. Unless the rental agreement has some very unusual provisions, you can give notice and terminate as of the date you choose, whether or not the landlord likes your choice of dates (so long as you comply correctly with the notice requirements).
As a practical matter, when the rent comes due for that last period, pay only the pro rata amount you owe. If you put up a deposit, the landlord may try to retain part of the deposit for the "extra" rent to the end of the month. Since the landlord would not appear to be entitled to do that, you could recover that from the landlord, along with extra damages and attorneys fees.
