Do You Refund Rent If You End Lease Mid-Month?

[Craig S.]

Hello, I served a 3-day notice to a tenant recently and they should be completely moved out by tomorrow, January 23rd. There were drug-related issues and they violated the lease, so I served the 3-day. My tenant paid me January's rent in full. My question is: Am I supposed to refund any "unused" portion of January's rent since they moved out early? Or because they violated the lease, are they NOT entitled to any refund? The monthly rent is $695. If they have vacated the unit by tomorrow (23rd) that means there would have been 8 days remaining in the month, or $179.35 "unused" and prepaid rent for the month. I plan to give a refund of security deposit (less any damages) however I am unsure if I need to refund any portion of the actual rent or not? Thanks in advance for any advice!

[JD Martin]

Should be addressed in your lease how partial payments/refunds would be addressed. Since you are kicking them out, and if they went peacefully, I would give them the refund.