We have been in a tough situation for about a month with our rental. We lived in a 3 bedroom house with the Master Tenant who is renting the entire house from her mother (our Landlord). The Master Tenant brought in new roommates for the 3rd bedroom and then decided she 'hated' the new roommates. Within 3 weeks she served them with a 10 Days to Comply and they moved out within the 10 days.
After standing up for the new roommates, Master tenant is now doing the same thing to us. We were just served a 10 Days for 13 essentially made up things. We want to leave. We paid our rent on the 25th through August 24th. If we leave in the 10 days, does our Landlord need to prorate our rent and give us the money back for the days we didn't live there? We have done nothing actually wrong.
Landlord / Tenant Lawyer
Landlord is theoretically under no obligation to pro-rate rent, but that said, if you leave in ten days you save your rental history (an eviction shows on your history the day it is filed, not later when a court makes a decision), and you can certainly decide whether to sue her to recover the rent you paid but did not get to use because you had to leave or be evicted. Depending on the facts, a court could agree with you.
When your landlord is unreasonable, the smartest thing you can do is to cease rewarding her unreasonable conduct by leaving. If you leave, she has to get new tenants or lose a substantial sum of money. You cannot effectively have a lawsuit while living in the same property as your landlord. If you had a lawyer you could well get this to trial, but by then the damage is done.
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