QUESTION
Subletting my apartment and already paid first, last, and security. Do I pay december? Do I get security and last month rent back?
Asked on Dec 05th, 2015 on Landlord and Tenant Law - Pennsylvania
More details to this question:
I moved into the house September 2 and am leaving December 5. Rent is due on or before the 5th of the month however the new subletter is moving in on Monday the 7th. My landlord wants me to pay December rent and says the subletter will pay prorated rent back to me for December. I'm not sure if I should pay December because on the day I signed the lease, I paid first month, last month, and a security deposit. I assumed the last month would cover December. My question is do I pay December and have the subletter pay me prorated rent, also does that mean I get last month's rent and security back or just security?
1 ANSWER
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What is the term of your lease? In other words, if your lease is a one-year long lease, then the last month would not be December.
Does the language of your lease explains what happens during a sublet?
Does your sublease agreement state when the term of the sublease begins? If the answer is December 7th, then I would see if there is an arrangement or agreement where you can pay for December 1-7th, and have the sublessee pay the remainder, rather than have you front the entire month's rent.
The terms of the leasing agreement and subleasing agreement are very key here.
Answered on Dec 26th, 2015 at 10:15 AM