Anonymous
Anonymous asked in Business & FinanceRenting & Real Estate · 1 month ago

What are my rights? (Renting/housing)?

I am renting a room in a house with a family. I paid first and last months rent when I moved in. I am moving out this month and would like to get the pro-rated days I am not staying here back. Am I entitled to those days? They wanted me to move out a month ago, but I paid rent and stayed for November. I have not paid rent officially for December, but when I moved in I paid 1700 ($850 for first month and $850 for last months rent according to her, she said I didn't have to pay a security deposit. Am I within my rights to get the pro-rated days left of this month once I am completely moved out?

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  • 1 month ago

    No, not legally.  You pay rent on a monthly basis. not a daily basis, so whether you stay 1 day or 30 in a single month, you pay the same amount.  

    As for December's rent, hopefully you noted on your check that it was first and last months rent when you paid it upfront.  Otherwise it will be difficult to prove if a third party gets involved (like a judge).  Good Luck.

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  • 1 month ago

    You are asking for legal advice and you are not going to get that here.  Only a licensed lawyer can give you legal advice.  For what my 2 cents are worth, I'll give you some general advice.  You may or may not be entitled to pro-rated rent back for days you are not there.  We would need to know the laws where you live.  Also, a private landlord is not subjected to all of the same laws that a landlord in a large building is subject to.  If you are entitled to it back, laws generally allow 3 - 45 days for the landlord to return it.  Since your landlord is unwilling to return it, consult a lawyer who will be more than happy to tell you what you are entitled to and what you are not.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
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  • Anonymous
    1 month ago

    First, and last months rent only covers two months.

    Hypothetically speaking if you moved in October 1, and you stayed until near, or at the last day of November, and you wanted to leave in November then your first months rent would cover October, and your last months rent would cover the month of November, and then you would be expected to vacate before December 1 2019.

    When I was renting a bedroom in a house I paid first, and last months rent. The first months rent was, for the first month that I was living in a house. The last months rent was kept, for the last month that I was living in the house. I over paid my landlord. I paid him twice, for the last month that I was renting a bedroom in his house, so he reimbursed me. Because I over paid him, and I was able to prove it. I had a copy of a check that he accepted, and a lease that he signed saying that I paid him first, and last months rent.

    I didn't stay, for two months in his house. I was living, for about 1 year in his house.

    Anyway the first, and last months rent belongs to my former landlord, so I just asked, for the over payment back. I didn't ask, for anything else.

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  • Judy
    Lv 7
    1 month ago

    No, you're not entitled to refund prorated for the days you aren't there.

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  • 1 month ago

    If you gave them notice you would move out mid-month and they were ok with this.  I suspect you didn't do that, so you probably can't get your rent pro-rated.

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  • Eva
    Lv 4
    1 month ago

    No you aren't. You needed to give your landlord 30 days notice that you were moving. If you signed a year's lease you may owe them more money.

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  • Pearl
    Lv 7
    1 month ago

    i would ask a lawyer about it

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  • Anonymous
    1 month ago

    Rental rights depend where you live and you didn't provide that vital information.  Look up landlord and tenant laws and where you live.  Do you have a lease?  how much notice did you give?  

     

    In general, no, you are not entitled to refund based on the days you aren't there.  

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  • 1 month ago

    You are not entitled to the days you don't stay. You owe through your notice period whether you stay all the way or not.

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  • Anonymous
    1 month ago

    Not unless your contract called for it.

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