My landlord decided to terminate our lease agreement and is giving me 30 days to move out. I received the formal notice this morning. He is also asking that I pay for a full month of rent. However, I am ready to move and will most likely be moving by the end of the week. When I do move out, will I able to ask him for a refund on the days I am not be living here as well as for the security deposit?
Intellectual Property Law Attorney
While I cannot give you legal advice in this forum, as a general matter you have to pay the entire month. However, remember, if he demands you pay the full month, then you do not have to give him the keys until the last day and he cannot re-rent until after the 30 days expires. So you do have some negotiating power to ask him to waive some of the rent. If you come to an agreement, do it in writing and make sure to get your security deposit back.
THIS RESPONSE IS INTENDED TO CONVEY GENERAL INFORMATION ONLY. IT SHOULD NOT BE RELIED UPON OR TAKEN AS LEGAL ADVICE. FURTHER, THIS RESPONSE IS NOT INTENDED TO AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
landlord can apply security deposit to rent for days you wre there unpaid. I would rather have him do that then hope he refunds rent afterwards.
technically though you have to give 30 days notice as well so you're not really entitled to leave early. not paying the full month could theoretically create liability.
practically speaking, though, the security deposit is probably going to be your only dispute after you move out
Responses to Avvo questions are based on a general discussion of the law and in no way constitute legal advice. No attorney-client relationship is created, and you should not take or fail to take actions based on my answers. Consult an attorney in your area. Time is often of the essence. Act quickly!
Real Estate Attorney
You owe him the full month's rent on the first. If you move out early, you are still liable for rent for the rest of the month.
But your landlord may be thrilled if you move out earlier. Ask him if you can only pay, for example, three day's rent and, in return, you will be out in three days. You may of course agree on any time you want. I am just using three days as an example.
You are much better off discussing this with him now rather than moving out and then saying he owes you rent (which he won't).