Can my landlord make me pay a full months rent if I break my lease? ?
I am living in a student housing situation. It’s off campus but they help us match with roommates. They do things differently here than at a normal apartment complex. For example when I moved in I moved in on the 25th of August. I had to pay $500 on the 25th and another on the 1st of June. They said they don’t prorate rent because it’s not rent it’s an installment. I was recently assaulted in my home so I am legally allowed to break my lease and have all the required documents however now I just have to give them the 30 days.. so since it’s the 18th what rent should they be expecting? They should only take a prorated amount since I won’t be here all month or the full $500?
- SlickterpLv 77 months ago
Full month, of course.
- Nuff SedLv 77 months ago
You moved in on 25 august, but they billed you for rent in June? Something is fishy already. You would need to reference the specific state if you want anyone to look up the state law about "domestic violence" exception to breaking a lease, and whether it has any pro-rated rent provisions. We also have no idea what's actually written in your lease. State laws vary. Leases vary, and must conform to state laws.
- babyboomer1001Lv 77 months ago
You are bound by the terms and conditions of the lease - THROUGH ITS END, unless there is a clause for early termination. Read your lease to see if there is such a clause. They are not required to prorate your rent. Are you blaming the landlord for being assaulted? Why is it his fault? Why are you punishing him - trying to rip him off because of the unfortunate incident that happened to you? Right now, you are rather emotional. Realistically, the assault has nothing to do with the lease, which you are bound by.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- TiLv 77 months ago
That is something you wold only know if you read your lease. As a college student you should already have learned that your lease is a binding contract. It cannot be changed unless all parties agree.
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- SimplytheFACTSLv 77 months ago
do you mean you were assaulted by a roommate? and it falls under domestic violence laws which in some areas allow you to break a lease without penalty?
without seeing your contract and without knowing what local laws apply, it is impossible to say how much you owe.
does 30 days mean 30 calendar days or 1 calendar month? often 30 days means 2 full calendar month ..give notice Oct 18 and pay for Nov 1 - 30.
WE DO NOT KNOW THE LANDLORDS LEGAL OBLIGATION SINCE WE DON'T KNOW WHERE YOU LIVE.
if the domestic violence laws say you can break the lease with 1 month notice, it may mean you have to pay for all of the following month....and since the rent is based on a yearly amount divided into installments, you will have to do the math to figure out what you owe for that time.
EDIT: did you mean you had to pay again Sept 1 (not June)
- MaxiLv 77 months ago
The landlord has no legal obligation to prorate your rental payment, rent day is 1st so you give one months notice and pay until the end of November regardless of if you live in the property or not
- Landlord365Lv 57 months ago
YES they can. Rent is not legally required to be prorated in most states. CA & OR are the only 2 I am aware of that do require it. Most states also require you to give notice on or before the 1st. Again CA & OR are the only 2 I am aware of that allow notice to be given at any time.
You are legally required to pay rent through the full notice period in all states.
Unless you live in CA or OR, charging you the full month rent at move in & move out is likely legal. You did not give a state so you will have to check your state laws to be sure.
- realtor.sailorLv 77 months ago
The 30 days must coincide with your rent due date. So if rent is due on the 1st you give notice by November 1 and you have to pay for November.
- Pearl LLv 77 months ago
you need to ask them this question
- linkus86Lv 77 months ago
When you rent on a monthly basis you pay the full rent whether or not you live in the property 1 day or 30 days, and you always pay rent upfront instead of in arears. That is why you were on the hook for the full rent when you moved in on the 25th, and again on the first. Because you have already paid rent for October, your 30 days (WRITTEN) notice will take you into November where the same principal exists requiring you to pay for the whole month. Sorry.