If a tenant is on a month to month rental, with rent due on the 1st of each month, where he pays the first and last month's rent initially, then, after a week, gives 30 day notice of termination, is the part of the last month's rent which falls after the 30 day period owed back to the tenant?
That's a long and convoluted sentence, so here's an Example Timeline:
Feb 1 - month-to-month agreement signed, first and last month's rents paid
Feb 7 - Written 30 day notice of termination given by tenant
Mar 1 - (second month's rent would be due here)
Mar 7 - Termination of agreement takes effect
As far as I understand it, the landlord has to make a reasonable effort to mitigate losses and re-rent the room promptly. If that is done, then the old tenant is entitled to the prorated rent the tenant gets for March from the new tenant. However, if no new tenant is found for March, then the original tenant is not entitled to part of his month for March back. Is this correct?
Also, in case you were wondering, the reason he moved out after 7 days was because he found out that my friend (the 'landlord,' but who also has a room in the house) was gay, and told him - and I quote - "Dude, you should have told me. I think this violates the terms of our lease agreement."
Anyway, now he wrote a letter asking for his prorated rent from March back, and I'd love to know if my friend doesn't have to give it to him.