Our original lease suggests that rent is due for entire calendar months. Our lease extension reads: "This renewal lease is based on the same terms and conditions as your expiring lease, except that termination of the lease with 60 days notice by tenant is agreed."
- On 11/29 I wrote: "I would like to request that we end our lease on January 22, 2013 and therefore pay a pro-rated rent for the month of January."
- On 12/4 he replied: "Hi we received and accepted your email good lock [sic]"
- On 12/8 I wrote: "I believe the prorated rent for Jan 1 - Jan 22 should be $2402 for 22 of 31 days." to which he did not reply
- On 1/22 he returned the security deposit but not the overpaid rent (we had paid a full last month in advance), claims he didn't read my emails carefully, and refuses to do soThe full text of my notice given on 11/29 was: I am writing to inform you that we wish to terminate our lease for [address deleted] as per our agreement made with the lease renewal in May. We plan to move on or after January 15 (this is to move to a different school zone), and I would like to request that we end our lease on January 22, 2013 and therefore pay a pro-rated rent for the month of January. I recognize that this is 55 days' notice rather than the 60 days we agreed -- however I hope this will be acceptable as this will give you sufficient time to replace and refinish the flooring that was damaged due to water leakage in 2011. Please confirm that this is acceptable. On 12/8 I had written: I believe the prorated rent for Jan 1 - Jan 22 should be $2402 for 22 of 31 days. We paid you $3300 for the last month's rent when we signed the lease, so I expect you will refund the $898 excess to us along with the $3385 (plus any interest payable) security deposit.