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Old 08-25-2013, 01:09 PM
 
193 posts, read 356,628 times
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I am moving into my new apartment on September 21, and I just gave a 30 day notice to the current owners that I will be out by September 24th.

I plan on paying 80% of the final month's rent.

The owners will then send me a letter demanding the other 20%

Am I legally obligated to pay the full month of rent?
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Old 08-25-2013, 01:15 PM
 
Location: Kailua Kona, HI
3,199 posts, read 13,396,615 times
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What does your lease say? If it says you must vacate at the end of a month then, yep you will. If not, then you prorate the rent for the number of days you are in the unit. It's not 80% either, it's 24 days. rent/30X24=prorated amount.
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Old 08-25-2013, 01:44 PM
 
28,455 posts, read 85,370,617 times
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I have occaisionally seen land lords that will allow a tenant that specifically asks for a mid month move well ahead of time to negiotiate a prorated payment but any smarta$$ that tries to unilaterally submit less than their required rent will almost certainly see the landlord reject the partial payment, assess fines, file suit and let the joker find out the hard way where the local courts come down on wizards that want to rewrite contracts to suit their whims...
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Old 08-25-2013, 01:49 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,696,895 times
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If your rent day is the first of the month then you're legally liable to pay for the whole month whether you stay in the unit one day into the month or 24 - unless your LL agrees otherwise.
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Old 08-25-2013, 02:29 PM
 
6,732 posts, read 9,994,575 times
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It depends on where you live AND what your lease says.

In some of the areas I'm familiar with, local law says that you can give 30 days notice on any day of the month, so you would pay through Sept 24th. But if your lease said otherwise, that might trump the legal defaults, I don't know.

IIRC, there are other parts of the US where you have to give notice for the 30th. Again, lease may or may not overrule that.
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Old 08-25-2013, 03:41 PM
 
Location: St Thomas, US Virgin Islands
24,665 posts, read 69,696,895 times
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I believe the OP is in CA and his lease expired many years ago, so he's on a month to month. In this case he's correct in being able to give 30 days notice:

"You can give the landlord notice any time during the rental period, but you must pay full rent during the period covered by the notice. For example, say you have a month-to-month rental agreement, and pay rent on the first day of each month. You could give notice any time during the month (for example, on the tenth). Then, you could leave 30 days later (on the tenth of the following month, or earlier if you chose to). But you would have to pay rent for the first 10 days of the next month whether you stay for those 10 days or move earlier. "
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Old 08-25-2013, 05:52 PM
 
Location: Silicon Valley
18,813 posts, read 32,500,469 times
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Quote:
Originally Posted by witsendman View Post
I am moving into my new apartment on September 21, and I just gave a 30 day notice to the current owners that I will be out by September 24th.

I plan on paying 80% of the final month's rent.

The owners will then send me a letter demanding the other 20%

Am I legally obligated to pay the full month of rent?
I don't know why they'd ask for rent past your notice date. If they do, then you can print a copy of the law for them.

I know you're upset with the situation, but so far everything has worked out. So, I think you may be worrying for nothing. I bet they'll take the 24 days rent without any problem.
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Old 08-26-2013, 02:55 AM
 
10,746 posts, read 26,018,824 times
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This horse died a long time ago...........let's bury it and move on.
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Old 08-26-2013, 05:51 PM
 
193 posts, read 356,628 times
Reputation: 171
Quote:
Originally Posted by Kim in FL View Post
This horse died a long time ago...........let's bury it and move on.
You are obviously annoyed with me, yet you still read my threads.

Why waste your time?

At any rate, I just made out a cashiers check for 80% of the rent.

STT resident is right, it is month to month.

The worst case scenario is that I owe them an extra $145.
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Old 08-27-2013, 02:47 AM
 
10,746 posts, read 26,018,824 times
Reputation: 16033
Quote:
Originally Posted by witsendman View Post
You are obviously annoyed with me, yet you still read my threads.

Why waste your time?

At any rate, I just made out a cashiers check for 80% of the rent.

STT resident is right, it is month to month.

The worst case scenario is that I owe them an extra $145.

Never said I was annoyed, simply stated that you're killing the forum with your threads about the same topic over and over.

Why waste everyone else's time?
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