Start your membership account today...  Access to credit reports, 100's of rental specific forms, agreements, letters, checklists, how-to articles, guides, expert advice and much more!  Even a FREE, 3-day trial!

Not a Member?
Get a Free Trial Membership

  Get FREE Stuff! Run Credit Report Rental Forms  Shop & Buy Forms!  Advertise Your Rental Customer Care

Welcome to Landlord.com's Discussion Forum
Sign up Latest Topics
 
 
 


Reply
  Author   Comment  
risnercharles

Registered:
Posts: 2
Reply with quote  #1 
Hi,
I have an issue where me and my wife have to move and we just paid rent on the 3rd and are going to be out by the 11th.
We went to the landlord and told him we where moving and asked if he could prorate the remainder of the month back to us and he said NO!
I was wondering if there is any law that states if he has to return the remainder of our money back.
we live in KY.

__________________
charles risner
Galaxie

Registered:
Posts: 51
Reply with quote  #2 
Typically, rental agreements state how much advance notice you are required to give your landlord.  I think in most states, it's 30 days.  Check your rental agreement you signed, it should say in it how much notice you have to give.  If it doesn't say, then it defaults to your state's typical timeframe, so you can look that up in Kentucky's landlord/tenant law.

Assuming you were required to give 30 days' notice, the landlord is allowed to keep your rent for this month (since you didn't give 30 days' notice) and an amount equal to the first few days of next month (he can keep that from your security deposit).  For example, if you gave him notice on the 6th that you were moving, the 30 day notice timeframe starts on the 6th, and he can keep money from your deposit equal to the first 5 days of next month (to add up to the total of 30 days).

If he is able to re-rent the unit within this 30 day timeframe, he is required to return the prorated amount of rent back to you.  For example, if he rents it to someone new who starts paying rent on the 21st, then he has to send you back 1/3 of this months rent (10 days of new tenant / 30 days per month = 1/3) and anything he kept for next month's rent.

Galaxie

Registered:
Posts: 51
Reply with quote  #3 
Also, if you were on a lease (my answer above is assuming you were month-to-month), you would owe rent for the remainder of the lease term, or until the landlord re-rents the unit (if he re-rents it before the end of your lease term).  He can keep your entire security deposit as unpaid rent, and then return a prorated amount if he re-rents it before your lease term ends.  He can also take you to court to recoup unpaid rent for the remainder of your lease term if he is unable to re-rent it in that time.  Don't know if he would actually try to do that or not, since it takes a lot of effort and time.
MikeTfromCA

Registered:
Posts: 125
Reply with quote  #4 
In short, the answer to your question is (likely) no. 

The only possible way I could see you being able to only be liable for paying a partial months rent verses a full months, is if your lease or rental agreement that you have with your landlord contained a provision that upon you serving them a notice to terminate your rental agreement with them (i.e. a 30 day), that if the tenant (that being you) were to surrender possession of the premises prior to the period of the notice expiring that you, the tenant would only be charged for the portion of the month that the tenant was in possession of.  That being said, I highly doubt your agreement with them contained a prevision like that, as this type of provision is very rare. 

Here's your states 'Landlord Tenant Law': http://www.lrc.ky.gov/KRS/383-00/CHAPTER.HTM

If you have any questions or concerns I would highly suggest you consult with the advice a local attorney that specializes in evictions, as they would most certainly be able to answer any questions related to your states laws.
risnercharles

Registered:
Posts: 2
Reply with quote  #5 
Thank you for your prompted answer!
I wasn't on a lease nor did I sign any type of rental agreement upon moving in, does this have any effect on my situation?
Thanks again!!

__________________
charles risner
Galaxie

Registered:
Posts: 51
Reply with quote  #6 
If you never signed a rental agreement, then your terms most likely default to the state standards.  Look in your landlord tenant law for Kentucky to determine the standard minimum advance notice you are supposed to give a landlord (probably 30 days).  The standard terms of tenancy are also likely to be considered month-to-month, so my first response would apply to your situation since you are not on a lease.

As MikeT suggested, you can look up local eviction or tenant attorneys and tell them about your situation and see what options you may have, they should know the law.
Previous Topic | Next Topic
Print
Reply

Quick Navigation:

Easily create a Forum Website with Website Toolbox.

Apartment Finders > > Member Log-in > Free Trial Offer > Free E-newsletter > Customer Service > Get Free Stuff! > Run Credit Report > Rental Forms > Vacancy Center > Do-it-yourself > Evicting Your Tenant > Foreclosure Resources > Landlord Discussion Board > Income Tax Resources > Information Center > Join Landlord.com > Landlord Law > Library > Multi-family > Professional Advice > Rental & Property Mgmt > Rent Collection > Repair & Maintenance > Security Deposit > Software Center > Tenant Screening > Vacation Homes > What's New > Rental Agreements > Free Leases > Inside Our E-store > > Security Deposits > > Landlord Daily News > Rental Agreements >
LandscapingSanJose.net Resources: Cleaner Sunshine coast