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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 29267
Experience:  Attorney
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I appreciate the assistance. This is in Massachusetts. Our

Customer Question

Hi! I appreciate the assistance. This is in Massachusetts.
Our lease is up May 17th. We are vacating that day. Rent is due the first of the month.
When we moved in, we paid first, last, and security. Our landlord says we have to pay full rent for April, even though April 17-May 17 is our last 30 days in the apartment, which has been prepaid, and that after we move, the balance of the last month's rent will be mailed to us.
This doesn't seem fair. It's not a security deposit... it's prepaid last month's rent. Looking at the law in MA, it says nothing about this specific scenario. Is my landlord correct, and I must pay the full month of April, rather than paying through April 17th? Thanks for your time!
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

If your lease ends mid-month, meaning that you're only responsible for rent for 17 days in May, then the last month's rent you paid would be applied to the last 30 days of your stay. Massachusetts law is very favorable to the tenant, and he cannot evict you for non-payment of rent he's holding in a bank account for your benefit (which is what he's supposed to do). He'd be allowed to insist that you pay April's rent in full if the lease ended at the end of May and you were just planning to leave early, but that's not the situation you've described.

Your landlord also has to pay you interest on your last month's rent when you leave.

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