If our landlord is asking us to move out a few days early, should we be able to prorate our rent to reflect this?
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If our landlord is asking us to move out a few days early, should we be able to prorate our rent to reflect this?
My roommate and I have lived in our rental house for 5 years. We gave our 60 day notice as required in our lease to end tenancy on July 31st. Our landlords are now asking us to vacate on the 27th so they can paint for the new tenants on July 28th who are moving in in Aug 1st. We told them that could be accommodated but that we wanted to prorate and only pay for July 1st – July 27th since they would be retaining occupancy sooner than the 31st. They do not want to do this and said that since they did not raise our rent any over the last 5 years that we should have to pay it. Can they require us to pay the last 4 days of the month and have us leave earlier than the 60 day notice date of July 31st?
Asked on June 28, 2015 under Real Estate Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
They can't require you to leave earlier than the end of the month following proper notice, and they can't make you pay for possession for days you aren't there. If you are paying through the 31st, you have possession through the 31st. If they want you out earlier, they need to make it worth your while.
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