If a renter moves out of an apartment having given a notice during the middle of a month, can the landlord charge for the rest of the month?

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If a renter moves out of an apartment having given a notice during the middle of a month, can the landlord charge for the rest of the month?

My fiancee gave her landlord a proper notice. The property changed owners, and the new owners would not prorate her rent but said they may reimburse her (but have not said they would). Also, they gave the notice for the 16th but as of the 14th the locks were changed and someone else was moving in.

Asked on May 14, 2012 under Real Estate Law, Kentucky

Answers:

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

Answered 9 years ago | Contributor

If notice is given in the middle of the month and let's say the notice requirement is thirty days,  then the tenant would owe rent until the middle of the following month when the thirty days are up.  For example, thirty days notice on April 15 would mean having to pay rent through May 15.  The tenant would only owe half the rent for the month of May because it would be prorated since it was less than the full month.  If the apartment is re-rented before the thirty days are up, then the tenant's obligation to pay rent ends.  The landlord cannot collect rent from both the former tenant and the new tenant for the same period of time.


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