I gave 30 day written notice on nov 19 , Do i pay rent for Dec?

Question

my land lord says I do pay for dec as she cannot rent apartment,she is also fighting deposit. which I payed

Answer 1

If your living there...then yes you need to pay for the time there. Also in many states if your a month to month tenant...the law would require you to pay for a full rental period...which means all of December since you didn't give proper notice to vacate. Proper notice on a month to month should have been give on November 1st...not the 19th. You can not use a security deposit for rent unless you have permission from the landlord first.

Answer 2

If you give notice to vacate on November 19, it has technically the same effect as if you tendered the notice on November 30. You are required to give thirty days advance notice to vacate from any specific rent due date. Therefore, the landlord has every right to be paid in full for December's rent.

It's a common misconception that a landlord must prorate rents based upon the fact that thirty days notice was given prior to the end of a specific month. I assume the landlord intends to keep your deposit for damages caused. That's one you will have to fight out in court, if you so choose. If you do not have proper documentation concerning pre-existing damages, you're going to lose that one as well.

Answer 3

It all depends on when you moved in to the apartment. Did you move in on the 19th or after? If so then no; you shouldn't have to pay rent for the month of December, that would be paying for a extra month your not there. As far as the deposit goes, do you have proof you paid it and do you guys have a contract you signed as far as when you moved in? If so I would read that. They can hold your deposit if apartments not clean or been kept up and such when you move out. You should do a walk through the apartment together when you move out and if everything checks out; they should give you your deposit back then.

Answer 4

Assuming your caught up on your balances and you don't owe them anything, what ever day you are supposed to pay the next months rent is, you should pay it and unless the contract says otherwise it would be pro-rated.

Example:

Rent is due on the first of december for december. It's november 19th, you give notice, on december first december rent is still due up until the 19th because they can't rent the place out until then legally. It's illegal to collect rent from the same place twice in the same month for the same month.

Answer 5

You should be paying a prorated December rent of 19 days, you should get your deposit back if the apartment is in good condition.

Answer 6

Don't you have a receipt for your deposit??? She has no legal right to keep it unless you have totally trashed the apartment. You could always refuse to pay Decembers rent (which, yes, you do owe) and then she would be forced to use the security deposit for back rent. She could take you to court, but it would probably cost more than what she owes you. I would withhold rent, if she was going to withhold your security.

Answer 7

Most leases will not prorate rent for a 30-day notice...read your lease.

If not, then you owe for the entire month of December.

Answer 8

If she is going to fight your security deposit, I wouldn't give her a dime for DEC.
And let her know that she can use your sec. deposit for last months rent...in writing! Have it notarized or sent certified mail. Something that says you had intentions of her keeping it, and using it for last months rent...

Otherwise she can keep it and come after you for last months rent in small claims court.

Answer 9

You should pay rent through the end of your lease.

Answer 10

it depends is the appt the same way it was when u move in then she can;t