If you rent month-to-month, what happens if you leave in themiddle of the month?

UPDATED: Aug 2, 2011

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If you rent month-to-month, what happens if you leave in themiddle of the month?

We are on a month-to-month lease. We wanted to move out on the 15th (our rent is due on the first) and gave our landlord 30 days notice. We were going to prorate August rent, but since he hasn’t rented the place he is now demanding a full month’s rent. Do we have to pay? Our rent payments are usually due the first of the month.

Asked on August 2, 2011 New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a month-to-month lease, you must your landlord a notice if you want to move. It must be 1 full month’s notice, before the date your rent is usually due. Your move-out date must also be the last day of the next rental period. For example, if your rent is due on the 1st of each month, you must tell the landlord by July 31st that you plan to move out by August 30th. So bottom line, yes you will have to pay since you are leaving mid-month.

Note:  Before you send the notice, be sure you can find a place to live. If you stay longer than the date you put in your notice, the landlord can charge double rent. 

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 AttorneyPages.com 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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