If I have a month-to month lease and was told by my landlord that even though I’m moving out this month I still need to pay for the following month is that true?

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If I have a month-to month lease and was told by my landlord that even though I’m moving out this month I still need to pay for the following month is that true?

I have to give 30 days notice in writing that I’m moving. I was told I couldn’t do it in the middle of the month, that I had to do it on the first. I’m moving out on the 20th, so I won’t be living there anymore, am I legally obligated to pay for the full month next month even though the apartment will be vacant? I also never received a copy of my lease and I’ve been living there for almost 2 years.

Asked on December 15, 2011 under Real Estate Law, Maine

Answers:

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

Answered 9 years ago | Contributor

You should give your written thirty day notice as soon as possible.  You don't have to wait until the day you move.  You can give it today.  The thirty days starts counting from the date you provide the written notice.  The landlord's claim that you have to wait until the first is wrong. If you wait until the first, then you will owe rent for the entire month of January.  If you give thirty days notice today (Dec. 15), you will only owe rent until January 14.  You would owe a pro-rated amount of rent (rent for  part of the month) instead of the entire month of January.

The fact that you never received a copy of the lease won't change the above because you have been living there and paying rent which has been accepted by the landlord. 


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