If a tenant moves out mid-month, what if anything should a landlord refund?
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If a tenant moves out mid-month, what if anything should a landlord refund?
We rented an apartment to a tenant with no contract. We asked if this was a short time thing and she said no. She was to pay the utilities. She saw the apartment and wanted it. She paid 1 month rent and a cleanup deposit. She had the gas changed over to her name but not the electric because she still owed a bill. In 4 days time she left a letter in our mailbox along with the keys to the apartment, saying she was vacating and send her the rent less the 4 days and the deposit back to her. No explanation. We rent by the month not days. Do we owe her and what?
Asked on August 27, 2011 Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You do not owe her anything--she owes you. When there is no written lease, a tenancy is month to month. That means that either party can terminate the tenancy with one month's notice; the converse of that is that a tenant is always obligated for at least 1 more month of rent from when they give notice, since one month's notice means the tenancy or rental ends one month after notice. Therefore, this tenant owed you a month (not 4 days) of notice and a month of rent. You could take the month of rent out of her security deposit then send the balance back to her, with a letter explaining what you did and the calculation. Good luck.
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