Terminating Contract!! Help!!

bayrayFebruary 4, 2005

A friend of mine is moving out of state and wants to break her contract. She wants to move out in the middle of the month and is asking the landlord to have her rent prorated. Landlord does not want to do it.

The story: their contract expired on 15/7/04 but my friend stayed at the appartment and kept paying rent as normal. By the contract this is the same as a renewed lease and it says that the tenancy will continue for "30 day to 30 day period". But if the lease expired on the 15, the "new one" should start on the sixteenth and, thus, it should be 16 to 16 or something like that, right? Now landlord claims that she has to stay until the end of the month and that she has to pay the whole monthly rent. My friend gave them an oral notice more than 30 days in advance and then a written notice 30 days in advance.

Who is right now? The landlord claiming it is calendar month or my friend who thinks that the last day is the 16?

Pay attention to that "30 day to 30 day" period thing.

Also, she gave them a deposit and is afraid that if she manages to leave earlier at "half rent" they will hold the deposit saying there are damages. The appartment looks in the condition she rented it and there are no major damages but absolutely normal very minor wear and tear. Still, they can claim it is damaged and keep the whole deposit which would not be fair. Who could arbitrate in the inspection of the property?

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The key here is probably when the rent was due. If the rent was due at the end of the month (and the first month was prorated because your friend moved in in the middle of the month), then I expect your friend is responsible up until the end of the month. But if the rent was payable in the middle of the month, then your friend may have a case for a half month's rent.

    Bookmark   February 4, 2005 at 12:28PM
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i asked her and she said she owed rent in the beginning of the current calendar month. But then with the expiratio of teh contract on the 15, the renewal should start in the midst of the month and this rule would not be valid although she kept sending rent every 1st day of the month.

    Bookmark   February 4, 2005 at 5:20PM
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Where I live, in Massachusetts, it would be the calendar month. Your friend needs to check state law to see what the landlord tenant section says about this. Surely, it spells out this common problem.

    Bookmark   February 6, 2005 at 12:13AM
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Check the state laws, in most state, the landlord gets rent payment until the 30th. Your friend should have had a month to month lease spelling out the terms of ending her tenancy.

    Bookmark   February 6, 2005 at 8:20PM
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