You say the lease said that they have to give 30 days notice. They gave notice on the 12th and want to vacate on the 28th. Sorry, the landlord has a right to hold them to their lease and this means they will have to pay for January.

It should say in the lease whether it goes automatically to month to month or a new lease is required to continue occupancy. If it does not specify, it goes month to month unless the landlord has given them notice to vacate at the end of the lease.

A security deposit is not intended to pay for 'last month rent'. Tenants often skip paying the last month of rent thinking that it is OK since the security deposit will cover it, and then leave the place in shambles with damage that the security deposit was intended to cover if needed.

Most likely, if the landlord can come over and inspect the place on the 28th when they move out, and see that it is undamaged, he will accept the security deposit for last month rent that they owe. It seems like a situation that will resolve amicably.

Then, also get a paper saying that the security deopsit that is due, is to be converted to January rent and get a paid in full receipt for January rent before leaving town.

This will prevent any "misunderstandings" that may end up in a court battle.

This will also prevent the landlord from giving a different 'version' of the event to credit reporting agencies such as, that he legally witheld the security deposit because the January rent had been neglected to be paid. Your son does not want to find out a year later that the landlord "remembers" the event differently when he applies for credit or a new apartment.

The only snafu that could occur is if the landlord feels that the apartment has sustained so much damage that the security deposit cannot be returned, and then January rent is still owed.

It's unlikely that the January rent will be pro-rated. It is usually written right in the lease that everything goes from the 1st to the 1st of the months, due to the fact that it is nearly impossible to find a new tenant who will move in on an oddball date.

My leases expire after the initial tearm and automaticly go to a month to month agreement. A 30 day notice must be given to vacate but it must be recieved before the 1st. The lease runs from 1st to end of month.

How would your son feel if the Lanlord would change conditions in the lease (like upping rent $100) and only give a 2 week notice?

Also you can't expect the landlord to eat 2 weeks of rent because it will be vacant on the 12th. Do you really think he will find someone to move in at such an odd date? The 30day notice is to help the tenant when they want to leave. 30 days is also sufficent time to re-rent many units. 12 is not.

In MN the law also states that in a circumstance like this I need to try and fill the unit asap and if I am able to fill it return a pro-rated part of rent.