Landlord is expecting payment for rent beyond 30 day notice

UPDATED: Oct 1, 2022

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Landlord is expecting payment for rent beyond 30 day notice

I have a month-to-month apartment lease and submitted my 30 day notice on April 15, planning to vacate my apartment no later than May 15, 2018. The landlord responded by email stating that no matter what day the notice is received, that the tenant is responsible for rent for the entire month following the current month when the notice is received. I called to ask him to please explain how this is spelled out in the contract but all he did was read paragraph 1 Termination and Renewal to me over the phone. That paragraph is pretty simple and does not appear to support his claim. I would like some advice as to how to write a letter to the landlord stating that I will only pay for 1/2 of the month since I gave him 30 days notice. I have paid my rent on time for over 9 years and do not want the

rental management company to blemish my rental history records.

Asked on April 20, 2018 under Real Estate Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Your landlord is correct: because rent in a month-to-month tenancy is due by or on the first of month for the whole month in advance, you always owe a last full month of rent. Notice on April 15, for example, is effective for May 31 (last of tenancy; you must be out by or before June 1). It is not really 30 days notice (even though it is often called that); it is a fully calendar month's notice you owe.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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