Do I need to pay a full month’s rent if I gave 30 days notice?

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Do I need to pay a full month’s rent if I gave 30 days notice?

I originally signed a year long lease with my landlord from the 15th of November to the 14th of November the following year, with prorated rent for the portion of the month stayed with rent due when moving in and on the first of every month. We agreed to let this lapse and become a month-to-month agreement. I gave my landlord notice on the 7th of July that I would be moving out on August 15th. They sent me a letter back stating that I owe for the full month of August. Is this correct? If not, what course of action should I take?

Asked on July 25, 2012 under Real Estate Law, Wisconsin

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are a month to month tenant who pays on the 15th of every month and you gave proper notice that you are leaving on the 15th of the following month then no, you do not have to pay the rent for the remainder of the month.  If, however, you started to pay the rent on the first of every month after the rental conrtact (lease) expired then you had to have fgiven notice prior to the 1st of July that you were leaving pn the 1st of August and leaving by then, or coming to ana greement to pay a pro rated amount for the extra two weeks.  Everything should have been done in writing (notice, subsequent agreements, etc.) to best protect your rights.   Good luck.  


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