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Dwayne B.
Dwayne B., Attorney
Category: Landlord-Tenant
Satisfied Customers: 32738
Experience:  Began practicing law in 1992
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I have my rv in a Texas rv park and I have paid a month lot

Customer Question

I have my rv in a Texas rv park and I have paid a month lot rental in advance but I have to leave before my month is up. I asked for my rental to be prorated and and for the remainder to be returned to me. They have told me they don't give refunds. Is that legal?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It can be legal, yes. It depends on what your lease agreement/contract says. Most of them state that you are committing to the location for the entire month and if you leave before that month is up then you still owe for the month.

If you sie and they 1) were full up and 2) rented the lot to someone else for the remainder of the month then you can get the money back. That only works if they were full up and your leaving meant they rented a space they would normally have. If they had other spots open then you can't recover under this theory because they would have rented another spot to them if you were still there.

Some contract expressly state that if you leave hen they owe you a pro-rated refund but most don't state that.

You can also sue if 1) the lease can be for less than a month there, and 2) there are no signs or anything else (like your contract) telling you that there are no refunds.

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