Do I have to pay my full month’s rent or prorated rent if my lease is up mid-month?

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Do I have to pay my full month’s rent or prorated rent if my lease is up mid-month?

My lease for my apartment is up on the 19th of this month and that apartment is telling me I have to pay a full months rent. I paid prorated rent when I moved in and the lease says its up on the 19th.

Asked on February 2, 2012 under Real Estate Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the lease specifically says that you would pay for the full final month, that would be enforceabe. However, in the absence of a term to that effect, normally, when a lease period ends mid month, you only pay the pro rata rent for the final month. This is reinforced by the fact that you only paid pro rata for the first month, which shows that the agreement between you and the landlord is to pay for the actual period of each month for which you have occupancy.


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