Q: Can a person keep any money that I paid ahead on a month-to-month parking space rental?
I store my 5th wheel RV on an individual's land. I have a month-to-month rental (with payments due on the 21st of each month). From the beginning, I have always paid for 4 months at a time. I have found a space that works better for me, and want to move now. I have paid ahead four months, from Jan 21 -May 21. I still have 11 days remaining in the second period, which goes through Mar 20. I'm only asking for a refund of the money I paid ahead for Mar 21 - May 20. I'm being told, He doesn't refund any money that is prepaid. Is he allowed to keep the money I paid ahead for the next 2 rental periods when I will not be using it and have given him advanced notice that I am moving?
A: To be enforceable, all contracts that in any way involve land must be in writing. So if yours is in writing, look and see if this issue is covered. If your "month-to-month" agreement is not in writing the landlord does not have to refund anything.
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