If I give a 30 day notice but move out early do I have to pay a full month?

[Jgutta420]

What is the name of your state? Florida

So I put in a 30 day notice on 5/23/18 via mail as I was instructed. I received acknowledgement from landlord in the form of a letter on 5/29. The letter states that he acknowledges and agrees and my move out date would be 6/22/2018. I would pay the prorated amount from 6/1-6/22 and it would be due on 6/1. I paid it 5/30. The full prorated amount. For 22 days. I ended up finding a place on 6/13 and let him know I was leaving on 6/15 and would that be ok. He said it would be fine. Unfortunately didn't get that in writing. Now I get a letter today stating he is imposing a claim on my security deposit. Reason: no notice given. He's wanting the full month plus a $100 late fee?! How was it late when it was due on the 1st and I paid on the 30th of may? He can't do that can he? Even if I did up and leave he got paid what he was supposed to. Technically he got a week free.

To be clear I PAID up until my move out date of 6/22 the agreed amount. I left early but he was paid. If anything he has MORE time to get another renter without a gap. How would he would lose money. And if anything (will be calling a lawyer tomorrow but wanted to get some quick opinions) he would have to take what I paid for 22 days of the month and subtract it from the full months rent. He can't get the full months rent PLUS the prorated amount I already paid. Something smells fishy here.

Any lawyers or law students here that can chime in on florida law?

 

[Ohiogal]

What is the name of your state? Florida

So I put in a 30 day notice on 5/23/18 via mail as I was instructed. I received acknowledgement from landlord in the form of a letter on 5/29. The letter states that he acknowledges and agrees and my move out date would be 6/22/2018. I would pay the prorated amount from 6/1-6/22 and it would be due on 6/1. I paid it 5/30. The full prorated amount. For 22 days. I ended up finding a place on 6/13 and let him know I was leaving on 6/15 and would that be ok. He said it would be fine. Unfortunately didn't get that in writing. Now I get a letter today stating he is imposing a claim on my security deposit. Reason: no notice given. He's wanting the full month plus a $100 late fee?! How was it late when it was due on the 1st and I paid on the 30th of may? He can't do that can he? Even if I did up and leave he got paid what he was supposed to. Technically he got a week free.

To be clear I PAID up until my move out date of 6/22 the agreed amount. I left early but he was paid. If anything he has MORE time to get another renter without a gap. How would he would lose money. And if anything (will be calling a lawyer tomorrow but wanted to get some quick opinions) he would have to take what I paid for 22 days of the month and subtract it from the full months rent. He can't get the full months rent PLUS the prorated amount I already paid. Something smells fishy here.

Any lawyers or law students here that can chime in on florida law?

When is your rent normally due? On the first of the month? If so then you owe one full rent cycle. Which means ALL of June. What did the rest of your lease state?

 

[Jgutta420]

When is your rent normally due? On the first of the month? If so then you owe one full rent cycle. Which means ALL of June. What did the rest of your lease state?

Yes it is normally due on the 1st. Explain to me how I would owe for all of June though? It doesn't make sense to me. I paid him for the 22 days of june.

 

[Jgutta420]

Oh and one more important bit of information I forgot to mention is my lease was up. Been up since 10/2017. So I was month to month.

 

[Ohiogal]

Because you need to give ONE FULL month notice prior to due date. Meaning you pay for ONE FULL MONTH. Or one rental cycle.

 

[Just Blue]

Yes it is normally due on the 1st. Explain to me how I would owe for all of June though? It doesn't make sense to me. I paid him for the 22 days of june.

Are you very young and this is your first rental?

 

[Jgutta420]

Because you need to give ONE FULL month notice prior to due date. Meaning you pay for ONE FULL MONTH. Or one rental cycle.

Are you very young and this is your first rental?

Ummm, just curious...did you guys even READ my question or nah? Because I clearly stated that I gave the man a 30 day notice on 5/23 to which he acknowledged and said my move out date would be 6/22. So he had his 30 day notice AND was paid for the prorated rent that was due up until my move out date of 6/22. I just left 1 week early so he got a week free actually. The first sentence in his letter states "I have received your 30 day notice to vacate on 5/23. Your move out date is 6/22. The prorate rent is $$$ for 6/1-6/22 and is due on 6/1". So yea, again, how do I owe this man a full month.

 

[Just Blue]

Ummm, just curious...did you guys even READ my question or nah? Because I clearly stated that I gave the man a 30 day notice on 5/23 to which he acknowledged and said my move out date would be 6/22. So he had his 30 day notice AND was paid for the prorated rent that was due up until my move out date of 6/22. I just left 1 week early so he got a week free actually. The first sentence in his letter states "I have received your 30 day notice to vacate on 5/23. Your move out date is 6/22. The prorate rent is $$$ for 6/1-6/22 and is due on 6/1". So yea, again, how do I owe this man a full month.

So..yeah. You are very young and this is your first rental. It's statutory law. Example: Rent is due on the 1st. You want to move on the June15th. You would notice before the 15th of the month in May and would pay for all of June..you would also have access throughout June. You should likely read through your state's LL/Tenant laws to educate yourself.

 

[xylene]

The landlord agreed in writing to accept prorated rent on a MTM tenant.

What you need to do is: In writing, Demand the return of the wrongly withheld portion along with a copy of his agreement (the letter). Send that certified mail return receipt. Sue him in small claims for the wrongly withheld security money is he doesn't return your money.

The landlord's time to be a stickler about 'no prorating' and monthly term notice was before he agreed, in writing, to accept prorated rent and take possession of the vacant apartment early.

The moving out on the 15th instead of the 22nd is meaningless to your claim however.

 

[Jgutta420]

So..yeah. You are very young and this is your first rental. It's statutory law. Example: Rent is due on the 1st. You want to move on the June15th. You would notice before the 15th of the month in May and would pay for all of June..you would also have access throughout June. You should likely read through your state's LL/Tenant laws to educate yourself.

Granted I'm not well versed in the laws hence my question on here but that just doesn't sound right. I read through my lease (even the lease was up and we were month to month) and it states that rent will be prorated if you move in the middle of the month. Like I said the letter he sent me said the move out date was 6/22 NOT 7/1 as you're suggesting it should be. He gave me the prorate amount for 6/1-6/22 and I paid it. So even if I had stayed the extra week until the 22nd I would have had to be out on that date. I wouldn't have had the remainder of June. So i'm confused as to what you are talking about.

 

[Just Blue]

Granted I'm not well versed in the laws hence my question on here but that just doesn't sound right. I read through my lease (even the lease was up and we were month to month) and it states that rent will be prorated if you move in the middle of the month. Like I said the letter he sent me said the move out date was 6/22 NOT 7/1 as you're suggesting it should be. He gave me the prorate amount for 6/1-6/22 and I paid it. So even if I had stayed the extra week until the 22nd I would have had to be out on that date. I wouldn't have had the remainder of June. So i'm confused as to what you are talking about.

Then sue in small claims as Xy suggested.

 

[xylene]

The landlord is the one taking advantage, but people would prefer to castigate you for some absurd millennial blame game.

While suing may be necessary, first the OP needs to make a formal claim in writing for the wrongly withheld money.
It's honestly possible the landlord is making a mistake.

People often make errors when they think they are owed money...

 

[Jgutta420]

The landlord is the one taking advantage, but people would prefer to castigate you for some absurd millennial blame game.

While suing may be necessary, first the OP needs to make a formal claim in writing for the wrongly withheld money.
It's honestly possible the landlord is making a mistake.

People often make errors when they think they are owed money...

Yea I just got off the phone with a lawyer and he thinks the same thing. Someone made a goof. I have 15 days to reply to their letter so I'll do it tomorrow. He said they are totally in the wrong and I can sue them if they are not trying to give me my money back. He said me moving out the week early is inconsequential.

 

[reenzz]

Unless your expired lease states otherwise, you are only required to give a 15 day notice to vacate.

 

[FarmerJ]

When you went to being a month to month tenant when your original lease term finished out did you understand that every thing else in the lease applied with the exception of its length? so things like if it said no pets allowed that still stood and if the written lease said you were to give one whole rental period of notice then that's what was needed, if it said 30 days then its 30 days and if it did not spell out how much notice was to be given then your states law for the amount of notice applies and that is in Reenz answer.