What rent does the tenant owe when moving out mid-month?

Question: I am a tenant and my lease ends in the middle of the month. I need to pay my “last month’s rent” and think it should be only part of my full monthly rent. My landlord wants me to pay the full month’s rent but will reimburse me for the time I am not in the unit after I move out.

I don’t feel that I should be paying for days that I am not living in the rental. My landlord may not return my money quickly. Do I have to pay and then hope for reimbursement?

Answer: When a lease for a fixed term comes to an end, your obligation is to pay only the days that you continue to have the right to occupy the unit.

Usually the landlord will prorate the rent for the days by calculating a daily rate. For example, if you have been paying $2,000 a month under the lease, the daily rate is $66.67 a day ($2,000 divided by 30 days), and you would be responsible for paying $1,000 for the 15 days remaining under the lease.

When a tenant returns the keys at the end of a lease, the tenant gives up possession of the unit. Therefore, in your situation, you would not be obligated to continue to pay rent for a unit that you cannot use.

This is fair because the landlord also knows that the lease is ending and can search for a new tenant to move in on the 16th after you have returned possession of the unit to the landlord.

If you wish to make it crystal clear that you intend to move out at the end of the lease, rather than hold over as a month-to-month tenant, you could give the landlord a courtesy letter stating that you do not intend to stay and that you expect to pay the prorated rent for the partial month. By putting your intent in writing, you engage in clear communication and minimize the chance of misunderstandings.

Current is fair housing director for Project Sentinel, a Bay Area nonprofit. For more information, contact Project Sentinel at 1-888-324-7468, info@housing.org, visit www.housing.org or contact your attorney or local housing agency.