Legal Question in Landlord & Tenant Law in Massachusetts
Last month's rent
I was a tenant living in an apartment for 2 years. I paid the security deposit and last month's rent upfront. I gave my landlord 60-day notice of when I was going to move out. I paid the rent for February and I moved out in mid March. The security deposit was returned to me. However, am I entitled to receive half of last month's rent? Thanks in advance.
2 Answers from Attorneys
Re: Last month's rent
The answer will depond on:
1. Whether you had a written lease;
2. If you did, what the termination date was for the tenancy under said lease; and
3. If you did not, what was your monthly pay cycle (was it the 15th or was is the 1st).
Assuming that you had a month to month tenancy (no written lease), and you paid your rent the first of every month, you are responsible for the entire month of March, even if you vacated the apartment earlier. In other words, you cannot terminate a tenancy in the middle of the pay cycle/term.
If you have any further questions, please do not hesitate to contact me.
Re: Last month's rent
It is really dependent upon the rental agreement. Basically however, you are not allowed to pro rate months. If you move out after the beginning of the rental period you must pay for the entire rental period (that month). I would also say that after a two year rental period most landlords are going to keep at least some of your deposit.
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