Cal. Civ. Code § 9
Recovery of rent paid in advance
Operative Text
Section 9. If, upon the determination of a tenancy, in any manner mentioned in the preceding section, before the end of a period for which rent is payable, the rent therefor has been paid before such determination, a proportionate part thereof, according to the portion of such period then unexpired, may be recovered back in contract.
Under Mass. Gen. Laws c. 186 § 9, when a tenancy ends before the close of a rental period for which rent was already paid in advance, the tenant is entitled to recover a proportionate share of that prepaid rent corresponding to the unused portion of the period. The mechanism for recovery is a contract action, meaning the right arises from the rental agreement itself rather than solely from statute. This rule applies when the tenancy ends through any of the methods recognized in the preceding section of the same chapter.
Plain English — not legal advice.
Operators subject to Mass. Gen. Laws c. 186 § 9 generally account for prepaid rent on a prorated basis when a tenancy terminates mid-period, returning the portion attributable to the days remaining after the termination date. Compliant property managers typically calculate the unexpired fraction of the paid period and refund that amount promptly upon the tenancy's end. Maintaining clear records of rent payment dates and termination dates helps demonstrate proper handling under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mass. Gen. Laws c. 186 § 9 establishes that a tenant whose tenancy ends before the close of a period for which rent was prepaid has a right to recover the proportionate unused portion of that rent through a contract claim. If a landlord does not return the prorated amount, a tenant may have grounds to pursue that recovery in a civil court action based on this provision. Tenant-rights organizations and legal aid offices can help explain what options are generally available when prepaid rent is not returned after a tenancy ends.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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