Skip to main content

Landlord refuse to refund prorated last month rent

Seattle, WA |

After an 18-month lease, my lease became month-to-month. Then I gave written notice on 2/11 to move out on 3/13. Now the landlord refused to refund rent for the last 17 days. Belatedly, I realized the law has an end of month clause. However, does it make any difference, if
1. the original lease specified the landlord would prorate last month rent if I moved out mid-month? Though that lease expired, the landlord failed to point out the change in prorate policy.
2. I can argue that the landlord constructively consented to the moving mid-month by
a) failing to object to the move out date when she first received the move-out notice;
b) failing to object to the move out date when I followed up with her later; and
c) showing up for inspection and accepting keys on the move-out day

Original 18-month lease was in writing, then it became month-to-month lease based on an oral agreement.

Attorney Answers 1

Posted

Chapter 59.18 RCW (Residential landlord-tenant act) does not require pro-ration of rent except in specific situations. A tenant simply wanting to move generally is not one of those specific situation.

A written agreement often has a provision that all the terms of the agreement, except the rent period and amount, would remain the same when the rental changes to month-to-month. You should review your lease to see what you agreed to do.

There is no law that requires a tenant to physically occupy a rental to the end of the month. The RLTA may require the landlord to do the move-out inspection. Thus, "showing up for inspection and accepting keys on the move-out day" does not necessarily mean that your landlord did anything wrong.

You should review your specific lease and facts with your attorney to find out your legal options.

Mark as helpful

1 found this helpful

Landlord-tenant topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics