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[anson34]

put my 30 day notice in march 7th, landlord signed it. now since i had until april 7th i thought by law id have to pay the prorated amount and not the full months rent.i was paying month to month no lease, i did not sign a rental agree ment and i did not sign anything but the statement stating what i payed for in in the middle of feb when i moved in and that my next payment due will be march to cover march 1st-31st and that rent will be due on the first of each month. now the landlord says they want us out by march 31st because they will lose a whole months rent of april because they wont be able to rent it out to anyone in which they will keep deposit for rent . what can i do to get my deposit back or at least most of it back if they signed and accepted my 30 day notice of march 7th?

[oakley]

In your other question about this you wrote in Details:

"landlord never said no pets and seen my pet and never said anything nothing i dndt get a rental agreement until 2 weeks after i moved in which i didnt sign because i put my 30 day notice in .now in the rental agreement it says no pets allowed without prior permission and but it was b4 she even gave me the rental agree ment and it says in law if nothing was said or signed saying that u couldnt have pets then u are entitled to have one."

You moved in without signing a lease. When you did get a lease you didn't sign it. Then you say you were dog sitting for 1 day. Now you claim this is all about whether or not you are allowed to have pets. You immediately put in 30 days notice to move because you thought she had been in your place without permission.

This is all pretty pointless from what I can piece together. You basically flaked out on her by moving in then turning right around and moving back out. You can take her to small claims court and try to get your deposit back but I'm not sure you'll win. She shouldn't have let you move in and you should not have moved in without signing a lease.

In some rare cases like yours a landlord may keep the rent because the tenant changed their mind and moved out suddenly. So now they have to clean the place up again and advertise for a new tenant and they often do in fact lose a month's rent over it. Take her to small claims for it if you think you can win.

[max]

vacate by march31

[artzai]

This would be an issue of what the state law says. The rental laws that I'm familiar with would require that you pay for whatever time unit you're currently paying on. Since you're paying month to month, that would mean when you pay rent, you have to pay a full month's rent. So, come April 1, you would have to pay a full month's rent, even if you're moving out on the 7th.

Once you vacate, the landlord usually has like 30 days to return the deposit or list out what the charges against it are. If you vacate on April 7, then they would have until May 7 to return your deposit. They are usually required to attempt to rerent the house/apartment once it's vacated. If they do rent it starting in the middle of the month, you'll get a prorated refund of your rent.

So your options are probably either move out on March 31 and crash at a friend's place for a week, or pay for another month and move out on April 7 (or whenever you want during April).

But, tenant/landlord laws vary from one locale to the next, even from city to city. Normally there's a tenant's council sort of thing that provides quick and dirty legal advice for tenants with regard to resolving issues they have with their landlord.