If my landlord is making us move out 2 weeks before our lease expire, are we entitle for part of our rent back that was already paid?

We need to move because the upstairs apartment has a leak and is damaging ours.

Asked on July 8, 2012 under Real Estate Law, Idaho


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you lose possession of your apartment due to something for which you personally are not responsible--such as damage being done by another unit in the building--you should not be charged for the time you are not in possession. In the case of having already paid the month's rent before being required to move out, you should receive the pro rata portion of the rent back (e.g. 2 weeks rent back). If moving early also imposes other costs on you that you'd not otherwise have to bear--for example: you have to pay to store your belongings for two weeks--you should receive compensation for that cost, too, from the landlord. However, if the landlord will not voluntarily pay said costs, you'd have to sue to recover them, which may or may not be economically worthwhile.

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