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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Is my Landlord trying to rip me off?!!!

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Old Apr 17th, 2008, 03:48 PM     #1
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Confused Is my Landlord trying to rip me off?!!!

Hi, I gave my landlord my 60 day notice to vacate on 3/14,(which they
accepted)which means I have to be out of my apartment by 5/14...I was told
even though I am not going to be in the apartment for the entire month of
May, that I will still have to pay full rent as if I was there for the
entire month..I asked why..I was told that it is procedure and thatI would
definitely get the amount back..but I don\'t believe them....Why go through
giving it to them when thay are going to give it back? I am moving into my
first home and I have alot of moving expenses and things, and could use that
money to offset some of those costs..This is not the same as the security
deposit I paid before I moved in, so I am confused..is this legal, and if so
do I have a right to ask for their assurance that it will be given back to
me in writing?
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Old Apr 18th, 2008, 12:04 PM     #2
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Default Re: Is my Landlord trying to rip me off?!!!

You don't say what state you are in or if you are a month to month tenant. Some states are term states and notices must be given in those states to coincide with the rent dates. In a term state, a notice given mid-month (3/14) doesn't take effect until the 1st of the next month (4/1) so the whole month of rent is due (for April & May). Check your state law to see what it says about when notices must be given and post the language here. See if the state law says anything about notices may be given at any time, or notices must be given at a certain time.

Also, most states say that month to month rentals rent for the whole month, not a part of the month so you may have to pay for the entire month. Residential rentals are not vacation rentals or hotels and rent by the month, not the day. Additionally, just because a tenant says they will be out a certain day, doesn't always mean they are out by then. Taking the whole month of rent guarantees they will be paid for the time you stay. If they agree to refund the rest of the rent to you, get it in writing.
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