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I had a month-to-month tenancy with my previous landlord, which I terminated via written 30 days notice. The lease will terminate on the 21st of this month. I have already paid pro-rated rent until the 21st of this month. However, I have vacated the premises and returned the keys and the unit in good condition. The landlord told me that he has rented out the new unit to a new tenant starting on the 18th of this month. Am I legally entitled to a refund of the pro-rated rent from the 18th to the 21st? And if so, would it be at the rate I was paying, or at the reduced rate that the new tenant is paying? I reviewed my lease and don't see specific language governing this situation.

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    For the future, it would be wise to negotiate this with the landlord in advance. "My lease ends on the 21st, but I am thinking about moving out by the 18th instead. If I do, will you refund the pro-rated rent?" – Nate Eldredge Jan 19 '17 at 15:37
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Probably not, although it is impossible to say without reading the lease.

Usually leases are monthly. That means you pay for the entire month or lease term regardless of how much or how little you use the property. It seems weird that the lease ends on the 21st, but if that is the case, then you are legally obligated to pay for that time interval.

That said, if you want to drive a hard bargain, you could threaten to reoccupy the apartment and stay in it until the 21st which are legally entitled to do, unless he refunds you some money. You would have to be a pretty serious hard-ass to pull this off, or be prepared to go to court.

One possible course of action is that you demand return of the key and say you changed your mind and will be staying in the apartment until the 21st. Make sure the conversation is recorded and that he knows the conversation is recorded, or have a witness. He will refuse. You can then sue him for denying you the use of your property.

  • Re-occupying the unit after I've vacated doesn't buy me anything. So there's nothing to be done other than request the landlord refund my pro-rated rent. But he wouldn't be legally obligated to. – ben.coffee Jan 20 '17 at 0:00

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