How is the last month of rent handled when a roommate moves out early?

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How is the last month of rent handled when a roommate moves out early?

Person A and B rented an apartment together splitting the rent. Up front fees included last month’s rent. All up front fees were split 50/50 between Person A and B. Person A is moving out and even had his name removed from the lease, while Person B is staying. The end of the lease is the month after next, therefore next month is already paid for. Person B insists Person A pay half the rent for next month, even though it is Person A’s last month. Person A refuses to pay for since it is his last month. Who is right?

Asked on July 20, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The written lease that person A and B presumably signed with the landlord should control the situation you are asking about assuming there is language in the document about when one signed tenant moves out before the other.

If the lease does not state how the early leaving of one tenant is to be handled for paying the property's rent, the date the first person leaves sets the amount owed for future rent by the remaining tenant on the 50-50 split.

If rent was $1,000 monthly and each paid half monthly of this amount and each half to the landlord as a deposit to the landlord for last month's rent, and if person A gives notice to the landlord on June 30, 2011 that he/she will be gone at the end of the month of July 2011 and it is accepted by the landlord, person A could pay the landlord $500 for July 2011 rent and expect a $500 refund of the last month's deposit upon leaving at the end of July 2011, or not pay for July 2011 rent and receive nothing as his or her last month's deposit from the landlord.

Person B who remains, owes the full $1,000 for rent for August 2011 onward. Good question.


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