Do I have to pay all of my last month's rent?
April 4, 2008 9:46 AM Subscribe
ApartmentFilter: I am currently leasing an apartment month-to-month (continuation of a twelve-month lease which ended in August 2007) and I told my landlord today that I intend to move out around May 18 of this year. He informed me that I would have to pay for the whole month of May instead of prorating the rent because "that's the way rent's done." Is this true?
posted by pmdboi to law & government (24 answers total) 2 users marked this as a favorite
The relevant paragraph in my lease agreement is the following:
1. Rent The tenant must make the rent payment for each month on the 1st day of that month at the landlord's address as set forth above. The landlord need not notify the tenant of tenant's duty to pay the rent, and the rent must be paid in full and no deductions will be allowed from the rent. The first month's rent must be paid at the time of the signing of this Lease by the tenant. If the landlord permits the tenant to pay the rent in installments, said permission is for the tenant's convenience only and if the tenant does not pay said installments when they are due, the landlord may notify the tenant that the tenant may no longer pay the rent in installments.
Is my landlord referring to the part in italics? Do I have any rights here which can be exercised without spending the ~$200 I would end up saving as a result? The apartment is in Troy, NY. NYS RPL §232b
is pretty clear about my right to move out then, but says nothing about prorating the rent.