Submitted by Anonymous on Tue, 12/02/2008 - 10:18
Posted in
A month-to-month tenant gave 30 days notice and was going to move out on the 18th of the following month. The tenant decided that they wanted to move out on the 7th in order to secure a new apartment, therefore, only giving 19 days notice. On the 1st of the month, the tenant states that they do not have to pay rent because they are only going to be there for 7 days. I was under the impression that, as long as a tenant resides or has keys to an apartment on the 1st of the month, they owe for that month's rent. If they move out before the end of the month, they would be charged a day-by-day rate and subject to a refund IF there were no damage done to the the property. Please clarify this issue.
Editor's Response
Not sure I have the dates right, but if the tenancy was running from the 18th to the 17th every month, then, assuming the tenant gave proper notice on, for example, November 15th, she would move out by December 17 without owing additional rent.
If the tenancy was running from the 1st of every month, then, assuming she gave valid notice on November 28, she would have to move out by the end of December. However, whether she moves out on the 7th or the 18th, she still owes for the entire month of December.