If our landlord is asking us to move out a few days early, should we be able to prorate our rent to reflect this?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If our landlord is asking us to move out a few days early, should we be able to prorate our rent to reflect this?

My roommate and I have lived in our rental house for 5 years. We gave our 60 day notice as required in our lease to end tenancy on July 31st. Our landlords are now asking us to vacate on the 27th so they can paint for the new tenants on July 28th who are moving in in Aug 1st. We told them that could be accommodated but that we wanted to prorate and only pay for July 1st – July 27th since they would be retaining occupancy sooner than the 31st. They do not want to do this and said that since they did not raise our rent any over the last 5 years that we should have to pay it. Can they require us to pay the last 4 days of the month and have us leave earlier than the 60 day notice date of July 31st?

Asked on June 28, 2015 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

They can't require you to leave earlier than the end of the month following proper notice, and they can't make you pay for possession for days you aren't there. If you are paying through the 31st, you have possession through the 31st. If they want you out earlier, they need to make it worth your while.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption