I was on a month to month lease. Lease stated if less than 30 days notice was given then the next month rent must be paid. This happened. I moved out in October, but paid November rent. The room was re rented before the end of November. Am I entitled to a partial refund?
"Am I entitled to a partial refund?" No. If the landlord had not been able to rent out the rental for December, would you have been writing the landlord the rent check for December because the rental was still vacant?
You owe the landlord rent for November because you did not properly give the landlord notice before leaving. If you had wanted, you could have keep the keys to the rental for November until the end of November. For whatever reason, you chose to leave before you had to legally vacate the rental. What the landlord does with the rental after you have left is up to the landlord.
This is like you going to a restaurant and order a meal. Halfway through the meal, you left not because of anything was wrong with the food or the restaurant. Would you be expecting the restaurant to refund half your money for the meal? The restaurant would not be required by law to refund you any money for a meal you did not finish if the meal is what you ordered and is safe to be eaten.
For the future, you should keep in mind that the WA Residential Landlord-Tenant Act requires that notice be given at least 20 days before the end of the rental month to end a month to month tenancy.
If you in fact gave notice at least 20 days before the end of the rental month, the landlord cannot legally charge you rent for November. The landlord cannot require you to do more than what the RLTA requires you to do.
You can review the specific facts with your attorney to find out your legal options.
The most notice a residential landlord can require is 20 days not 30. See RCW 59.18.200 then .230. So long as you gave written notice on or before the 10th of the month, you do not owe rent for the following month. If your landlord refuses to refund it, take them to small claims. Elizabeth Powell
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