Q: set to move out on Sept 23rd. Gave our landlord 30 day notice on aug 22nd. Rent is due on the 1st. will it be prorated?
We move out by the 23rd of September, gave our 30 day notice on the 22nd. Rent is due the 1st of each month. Will we have to pay for all of September, or just through the 23rd? We are moving because we have had bed bugs for 6 months and they have done little to nothing to solve the problem(they were present when we moved in and they knew about it.) the lease states we are obligated to provide 30day, failure could result in having to pay an additional 30 days, security deposit doesn’t count as last month, anything left behind will be owned by the complex, partial payment of rent doesn’t mean you can stay(if kicked out), any fees not paid will be deducted from security deposit, must provide forwarding address. There’s nothing in the termination part about specifics other than those.
A:
First, depending upon the details, notice given to the landlord, etc., you may have claims back at the landlord for failing to remedy the bedbug issues. If you want to consider that, review things with a local landlord-tenant attorney.
As for pro-rating the rent, yes, if you have noticed that you will be out by the 23rd, you should only have to pay 23 days of September rent since rent is apportioned on a daily basis in Oregon. If you pay the full month, then the landlord would have 31 days after you restore possession on the 23rd to refund you the 7 days prorated rent. My recommendation is to just pay the 23 days of rent and don't worry about it. The landlord can't evict you before the 23rd regardless so it really is all just a moot point.
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