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CalAttorney2, Attorney
Category: Landlord-Tenant
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing both landlords and tenants in residential and commercial property disputes.
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I had a question on prorate rent. My husband is in the

Customer Question

I had a question on prorate rent. My husband is in the military and received orders to move. We notified the landlord with more then a 60day notice. We ended up moving out and heading over the keys to the home on June 23, 2015. She is not wanting to pay us back prorated rent. Are we intitled to prorated rent?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  CalAttorney2 replied 2 years ago.
If you moved out prior to the end of your notice, then the landlord is not required to pay you pro-rated rent (for example, if your 60 days notice said you would vacate on June 30 and you vacated on June 23, you would not be entitled to prorated rent).However, if you paid for a full month, but your notice stated you would be vacating mid-month (for example, your notice said you would vacate on June 23, and you paid for the full month of June), then you would be entitled to the pro-rated amount (simply divide your rent by the number of days in the month, multiply by the number of days that were not in the unit, and that is the amount you are due).