Q: My landlord is requesting full months rent instead of prorated for a thirty day notice. Do we have to pay more?
We put in our 30 day notice August 9th, we were on a month-to-month lease, for a move-out date of September 9th. The landlord says we have to pay full months September's rent instead of the nine days of the month. Do we have to pay the full month?
A: No, you only owe rent through the termination of your tenancy, assuming you vacate on time. If you don't, you will owe rent through the day you restore possession. Simply pay the pro-rated rent. He either keeps it or returns it. Either way, he can't do a thing about it until after the 8th anyway and even then, all he can do is serve you a Notice to pay rent by the 11th (at the earliest) or get out. And by then you will be out.
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