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Month to month tenants who have been properly given notice to vacate and are willing to do so. Tenants paid first and last month's rent AND security deposit. Tenants intend to vacate end of November 2009. Tenants paid November's rent twice (once when they first moved in and once on Nov 1st) Tenant's want last month rent back in mid-Nov. Argument is since they've paid it on the first of November and as last month's rent - they want it back now and not at the end of the month of November when they intend to move. Landlord's argument to refund end of November is - how does landlord know November is really the last month they'll move out? What if they don't (as agreed) and stay in December and decide to sqwat landlord and call December as they're 'last month' that was pre-paid. Landlord will refund last month's rent for November when home is vacated on or before Nov 30th. Is Landlord correct?
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