Location: Maui, HI
I am in a month to month verbal rental agreement. I am trying to move out and get my last months rent back, as I have not used it yet.
The story is:
I moved in april 14th, and the landlord required 1 months rent and 1/2 months rent- the half month being to bring us to may 1, and the 1 months rent being to bring us to june 1.
However, she told me that if I found a place I would rather live, before may 1st, that she would return to me the 1 months rent and let me move happily.
A couple days ago she came and asked me how I liked my stay and if it was okay to delete the craigslist ad for the room. I said yes on both accounts. The next day, A co-worker offered me a room that was better and cheaper. So I accepted it, planning to use my months rent that would be returned to me to pay the first months rent at the new place.
Now the landlord is saying that it is too late and she is keeping the first months rent.
This is a problem because:
1. I have not yet lived here for that month
2. she told me she would return it (not written)
3. It is not the first of may yet (i told her 4 days in advance)
I realize that it is usually recomended that a tentant give 30 days notice before leaving. However, this is a very special and especially stick circumstance.
I want my 1 months rent back, and she is refusing to give it to me. All i have written is a receipt showing that I payed her the 1.5 months rent.
My question is- who will win in a small claims court?