Can a landlord charge a full months rent for the last month of a lease even if the lease is up half way through the month?

UPDATED: Aug 28, 2011

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Can a landlord charge a full months rent for the last month of a lease even if the lease is up half way through the month?

We gave a 60 day notice and will be moving out on the17th of next month. They told us we have to pay the full months rent. Our last month even though our lease ends the 17th. Then they will refund any overages with our security deposit. Is it legal for them to charge the full months rent when our lease ends on the 17th? Can we just pay the pro-rated rent amount for the 17 days without them trying to charge us late fees or taking part of our deposit away?

Asked on August 28, 2011 Colorado


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You are correct that you only owe a prorated amount of rent up through Sept. 17.  You do NOT owe rent for the entire month of September.  You are NOT subject to late fees or having  part of your security deposit withheld because you provided the requisite notice and your lease ends on Sept. 17.  You should NOT pay any rent beyond September 17.

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