Q: gave 30 day notice, the landlord didn’t have new tentant, we needed longer. We settled moving 12th he wants to prorate..
We gave 30 day notice leaving on time according to our lease, at the end of that notice the landlord didn’t have a new tentant, and we needed longer, we settled being out by the 12th of sept., did a walk through on the 12th and the landlord said he is going to prorate us till the new tenant moves in on the 18th is that allowed?
A: Not likely - if you gave proper notice, even if mutually modified, and we're out on time, your rent obligation normally ends when you restore possession and are out. If the landlord withholds more out of a security deposit and does not refund it within 31 days of your restoring possession, you likely can recover twice the amount wrongfully withheld, plus your court costs and attorney's fees.
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