I had a month to month I left in the middle of the month am I liable for the entire month?

Question

I gave my landlord a month and half notice that i was leaving and she also had it rented before I left. (I live in New Jersey)

Answer 1

well, I'm no expert on rental law, but everyone I've ever rented for, including larger corporations have prorated the rent I owed for the last month in an apartment...

For example, when we moved out of our last apartment, we were on month-to-month, we moved out the 7th of August, and paid rent for 7 days in August. That was California...and the way things have been handled for me both in Cali and Minnesota...

I'm really thinking you shouldn't owe for the 2nd half of the month... (month to month typically means that the contract is renewed each month--in other words, your rent could increase each month, and you only have to give 30 days notice to end the contract...)

The more I think about this, the more I think I'm right...I think you should have owed only for the first 2 weeks of the month.

Answer 2

Joe is right. You state your lease is month-to-month. That means a month at a time. Or are you used to places that lease by the hour?

Leases traditionally start at the beginning of the month and end at the end of the month. To allow tenants to pinpoint the date within the month they wish to stop paying rent puts the landlord at an extreme disadvantage in getting tenants, as most tenants will be looking to start renting at the beginning of the month. Hence the custom of allowing month-to-month rental. If you wanted to rent by the day or week, you should have gone to Suburban Lodge.

Watch any episode of Judge Judy, People's Court, Judge Mathis, etc. and you'll see the Judge ask what month someone moved out. They never ask the day. Why? Because everyone knows and accepts residential leases are by the full month.

Don't tell your landlord you have an attorney. You don't. He'll know you don't. An attorney would never tell the client to contact a potential opposing party. An attorney would want to control the message, so he/she would contact the landlord directly. Everyone knows this. If you make that statement, you'll just sound immature. In other words, you'll lose any shred of credibility you might still have.

Answer 3

As a landlord (and previous tenant) if you are in a month-to-month you rent by the month NOT by the 15 days. If they AGREED that you only had to pay for 1/2 a month AND they had it rented out before you left - well, I would think they are being petty and just expecting you to do it.

Again, you said you are month-to-month - if there is some other agreement in writing, I think you will have a hard time defending your position. AGAIN - if you left the place in good shape, always paid on-time, gave them notice AND it was rented out - I think that is someone being an ******!

Let your conscience be your guide and hopefully they will as well.

Regards,

Joe...

Answer 4

if you gave your landlord at least 30 days notice prior to your move then you are only liable for that 30 days. Example: January 1st you tell your landlord that you will be moving out on February 15th. You are only responsible for rent until February 15th. If you leave on January 31st you are still responsible until February 15th.

Answer 5

If you specifically told her you were leaving on the 15th, then you are only responsible for paying until the 15th, as long as you provided a 30 day notice, which you indicated you did.

Answer 6

Tell her to have her attorney write you a letter explaining to you her accounting proceedures and her understanding of the facts and that you'll have your attorney review the facts and get back to her.

I'm imagining you'll never hear from her crooked bu** again.

But if you do, then you are all set to take her to court and win. Since what she is doing is against the law. BIG TIME!!