If you rent month-to-month, what happens if you leave in themiddle of the month?

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If you rent month-to-month, what happens if you leave in themiddle of the month?

We are on a month-to-month lease. We wanted to move out on the 15th (our rent is due on the first) and gave our landlord 30 days notice. We were going to prorate August rent, but since he hasn’t rented the place he is now demanding a full month’s rent. Do we have to pay? Our rent payments are usually due the first of the month.

Asked on August 2, 2011 New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have a month-to-month lease, you must your landlord a notice if you want to move. It must be 1 full month’s notice, before the date your rent is usually due. Your move-out date must also be the last day of the next rental period. For example, if your rent is due on the 1st of each month, you must tell the landlord by July 31st that you plan to move out by August 30th. So bottom line, yes you will have to pay since you are leaving mid-month.

Note:  Before you send the notice, be sure you can find a place to live. If you stay longer than the date you put in your notice, the landlord can charge double rent. 


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