Should I have to pay pro-rated rent since I am moving out in the middle of the month?
Full Question:
Me and my husband have been living in this house for 2 and a half years in March. We put in a thirty day notice then in April the landlord called and said we owed for april in which we paid and then he asked how soon it would be before we could move we told him it would be the 25 of may now he says that we owe a prorated amount of 900 hundred dollars. What I want to know is what about our thirty day notice?
05/14/2007 |
Category: Landlord Ten... ยป Lease Termin... |
State: Nevada |
#4734
Answer:
You should carefully read your lease agreement to determine your rights and obligations regarding giving notice to terminate your lease. Generally, a notice does not provide an exemption from payment of rent during the time you are occupying the rental property.
The applicable Nevada statutes are as follows:
NRS 118A.190 Notice: Definition; service.
1. A person has notice of a fact if:
(a) He has actual knowledge of it;
(b) He has received a notice or notification of it; or
(c) From all the facts and circumstances he reasonably should know that
it exists.
2. Written notices to the tenant prescribed by this chapter shall be
served in the manner provided by NRS 40.280.
3. Written notices to the landlord prescribed by this chapter may be
delivered or mailed to the place of business of the landlord designated
in the rental agreement or to any place held out by the landlord as the
place for the receipt of rental payments from the tenant and are effective
from the date of delivery or mailing.
NRS 118A.210 Rental agreements: Payment of rent; term of tenancy.
1. Rent is payable without demand or notice at the time and place
agreed upon by the parties.
2. Unless the rental agreement establishes a definite term, the tenancy
is from week to week in the case of a tenant who pays weekly rent and in
all other cases the tenancy is from month to month.
3. In the absence of an agreement, either written or oral:
(a) Rent is payable at the beginning of the tenancy; and
(b) Rent for the use and occupancy of a dwelling is the fair rental
value for the use and occupancy.
NRS 118A.320 Rules or regulations of landlord.
1. The landlord, from time to time, may adopt rules or regulations
concerning the tenant's use and occupancy of the premises. Such a rule or
regulation is enforceable against the tenant only if:
(a) Its purpose is to promote the convenience, safety or welfare of the
landlord or tenants in the premises, preserve the landlord's property
from abusive use or make a fair distribution of services and facilities
held out for the tenants generally;
(b) It is reasonably related to the purpose for which it is adopted;
(c) It applies to all tenants in the premises in a fair manner;
(d) It is sufficiently explicit in its prohibition, direction or
limitation of the tenant's conduct fairly to inform the tenant of
what must or must not be done to comply;
(e) It is in good faith and not for the purpose of evading an
obligation of the landlord; and
(f) The tenant has notice of the rule or regulation at the time he
enters into the rental agreement or after the rule or regulation is
adopted by the landlord.
2. A rule or regulation adopted after the tenant enters into the rental
agreement which works a material modification of the bargain is
enforceable against a tenant:
(a) Who expressly consents to it in writing; or
(b) Who has 30 days' advance written notice of it.
