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Yes, and yes. If they'll let you go with just a week's worth of prorated rent, pay up quietly and count your blessings, because if they hold you to the letter of the lease you could be out a full month's rent plus court costs. Here's how notice works. Everything is a multiple of months, and everything starts or finishes on the first day of a month. Forget about calendar months: 60 calendar days aren't good enough. The way the courts interpret your billing cycle, you're assumed to start and end a tenancy on the 1st of a month. This means that your notice must be given, in writing, 60 days before the first of that month. If you're even one day late, such that the 60th day would fall on the second of the month, guess what: your notice is not sufficient, and must apply to the first day of the FOLLOWING month. The idea is for each side to give the other two full billing cycles. This means that if you give notice on March 10th, even though May 9th is only 60 calendar days away, you need to pay through the end of May, because the next opportunity to end a lease is on June 1st. Accordingly, most people time their notices to arrive on or before the 1st of a month. The exception is February. Nobody gives a notice on February 1st because February is a short month. The notice must come two days early, generally on January 28th or 29th. My advice assumes you're in the USA and are covered by your state's version of the Uniform Owner Resident Relations Act. I am not a lawyer but I've been a landlord for years.
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