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I've tried Googling but I'm not coming up with anything state specific. I'm wondering if anyone here can help.
My mother has an apartment in South Dakota and is on a month-to-month lease. She will be moving out in September and has already notified the landlord, so no issues there. What I'm trying to find out is whether or not the last month's rent would be prorated--if say she were to move out on the 15th vs. the 30th. She had hoped to be out at the end of August, but can't arrange moving help in time. She is prepared to pay for the full month of September, but obviously it would be nice to find out she would only need to pay for the days she was in residence.
What I'm trying to find out is whether or not the last month's rent would be prorated...
It should be but only on a refund basis.
She still pays the full rent on 9/1... then if (a big IF) the landlord agrees
or is obligated to by law then when the SD is sorted out the additional rent comes back.
What move-out date did she put on her notice that she is moving? She either has to be out by that date or pay over-stay rent. Tenants don't get to give a notice and then be out whenever it turns out to be convenient to be out.
If she hoped to be out in August and gave notice that she would be out by Aug 30, she is overstay if she remains into September.
If she gave notice now that she will be out September 15, then she will most likely pay for all of September and then get reimbursed. If she gave notice now that she will be out by the 15th of September and she stays until the end of September, she is going to owe another full month because she invalidated her notice. You don't get to give notice that you are moving, not move, and then think you can move any time you want to.
So, first answer the question, what date did she give as her move-out date on her 30 day notice?
What move-out date did she put on her notice that she is moving? She either has to be out by that date or pay over-stay rent. Tenants don't get to give a notice and then be out whenever it turns out to be convenient to be out.
Obviously. As I stated, she is moving in September and has already notified the landlord as such. She would have liked to move in August to avoid paying another month of rent, but she can't and has a September 15th move date. All I'm asking is whether or not the last month's rent is prorated.
Thank you for the straightforward answer! That's all I needed to know. Much appreciated!
The requirement is 30 days prior to the end of the month for any changes to the lease, the termination of the lease is a change. If the LL were to make any changes to the lease, like an increase in rent, then the tenant can end the lease on the first day of the following month if notice is given within 15 days of receiving the change. That is how I'm reading the law anyway, it says landlord a lot but the tenant has to give the same notice period.
Quote:
43-32-13. Modification of lease--Written notice by landlord, effect--Termination by tenant.
In all leases of lands or tenements or of any interest therein from month to month the landlord may, upon giving notice in writing at least thirty days before the expiration of the month, modify the terms of the lease to take effect at the expiration of the month. The notice, when served upon the tenant, shall of itself operate and be effectual to create and establish as a part of the lease the terms, rent, and conditions specified in the notice, if the tenant shall continue to hold the premises after the expiration of the month. The tenant may terminate his lease effective the first day of the next month by providing notice of termination to the landlord within fifteen days of receipt by the tenant of the notice of modification.
I gave a +30 days notice because, even if there is a waiting list, I respect my Ll & wanted to make sure they had plenty of time to check the people on the wait list.
I will be moving early, which will give me the opportunity to thoroughly clean the apartment when it's empty. I certainly don't expect my rent to be pro-rated. It's a business & they are not responsible for your decisions.
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