If Iam moving out on the 15th of the month, is a full month’s rent still due?

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If Iam moving out on the 15th of the month, is a full month’s rent still due?

Asked on December 20, 2010 under Real Estate Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What does your lease say? If you have a written lease, then unless the lease allows you to move out earlier under specified circumstances--and those circumstances occur--you will owe for  the full balance of the lease term, no matter how many months that is. Since most leases don't terminate mid month, odds are this is not the right time to terminate.

If you have a an oral or verbal lease, that's a month to month lease, and you have to give 30 days notice prior to terminating your tenancy. If you don't, you'll owe for a month.Therefore, you woujld have needed to give notice by the 15th of the previous month.

If you have properly terminated your tenancy as of the beginning of a month but you hold over for longer, the landlord can charge you for the time that you hold over.


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