Do we have to pay?

Question

We are moving to a better home. Rent here is due on the 1st. We just put in our 30 day notice and the landlord said if we haven't gotten all of our things out by the 1st we have to pay partial rent. the rent itself is $500. He asked if any damages were done to the house. There are no damages. We even installed a new toilet and fixed the house b/c he did not want to. Isn't that what the security deposit is for? Do we have to pay partial? B/C I thought when you put in a 30 day notice you have to be out in 30 days.

There was no written lease agreement. Just verbal.

Answer 1

No written lease?? Your "landlord" is screwed.

My attorney told me after not having my security deposit returned to me, it's always best to use your security as your last months rent (if it is sufficient).

If you stay past the first, you "should" pay a prorated rental for any period which your items remain in the house. This is time in which the landlord is deprived of use and would be entitled to rent, if not from you than from someone else. You are not legally allowed to stay past the stated date of vacancy and the landlord could pursue you for additional rent if you do. But he has a problem too, no signed lease.

If you give 30 day notice, you have 30 days to vacate. If the landlord does not have monies in deposit to offset the rent, you should pay for the month less your security. It would take him more than 30 days to evict you anyway. If your landlord is unreasonable, I would suggest after vacating that you photograph the entire house to show what condition you left it in. Just in case.

You can and should use your security to offset your final months rent.

Answer 2

First of all in the future always have something written even if it is not a formal lease. It provides you with certain protections and if you had something like this before the landlord would have had to install a new toilet.

Normally one give 30 days notice to be effective at the first of the last month one is paying rent..... ergo you are out by the first. If your rent is due on the first any portion of the next month you are there you will have to pay for.

Usually landlords do a walkthrough after you have moved so if you don't pay the rent he will keep the deposit. But how much could it be on a $500 place? Basically even if you pay the rent he could keep the deposit..... but assuming the guy is not a jerk......

Maybe you could make a deal all nice and all and pont out that you did make improvements and maybe get a grace period. If not you are at his mercy. Whatever you do before the walkthrough take pictures of the whole house. If the landlord finds an issue take a picture of that and if he sees that all the better. Because you never know.

You may just have to chalk this up as experience. But then again in the worse case he could not come after you for the rent as he has no lease. More info would have helped.

Answer 3

I don't know, but a verbal agreement in many states is just as good as a written one. Mainly because if it's your word involved and it goes to court, you'll need to testify under oath, but basically if rent is due on the 1st and you give 30 days notice on the first, then you and yours has to be out by the next 1st or you may have to pay a partial and prorated rent.
At least verbally, if your rent is 500 and you stay an extra 3 days out of the next 30 then that would be 10% of a month's time and you probably have to pay 50 dollars, at least that's the way it ought to work in all fair verbal agreements.

Answer 4

I would say yes because you would have stayed in the house for half of next month - so therefore your rent would be prorated. Depending on when you are moving, and if you could move before the 1st, you could negotiate with your landlord to be out by the 1st and forego paying any rent next month (and with the agreement that s/he return the security deposit). If there are no damages to the house and the landlord agrees to let you leave early, then you should receive your entire security deposit back. I've never understood why renters make improvements to their rental space (especially one as expensive as a new toilet - that is most definately a landlord's responsiblity). All a landlord should hope for is that their renters don't destroy the place. Renters shouldn't be expected to make home improvements ESPECIALLY when there is no reduction in their rent for doing so.

However, if you don't mind losing your security deposit, then you could just leave whenever you felt like it and still not pay next month's rent.

Next time, get your contract in writing.

Answer 5

you do have to pay partial rent for the days you reside at that house.

the new toilet cost should have been taken out of the rent or re-imburse to you.

security deposit is for damages that you have done to the house. not "normal" wear and tear usage.

usually it is 30 days but, most lanlords rent by the month. so if you reside in that house into the next month, you will have to pay partial rent.

hope this helps.

good luck!

Answer 6

I'm assuming that your rent is paid through the end of the month. (March 1 through March 31). If you gave 30 days notice on the 10th of March and you don't move until the 10th of April, then you would owe rent from April 1 through April 10.