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My lease ends on the 25th, do I have to legally pay for the whole months rent or can I pro-rate it?

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My lease ends on the 25th, do I have to legally pay for the whole months rent or can I pro-rate it?

Postby veto » Wed Nov 30, 2011 4:49 pm

I live in Florida & My lease ends on the 25th at noon.
Rent is $520 a month. Since there are 6 & 1/2 days left in the month that I am NOT living on the property, do I have the right to legally pro-rate my rent so that it applies to the days I am living there (24 & 1/2)?

Also, when we moved in back in August of 2010, we could not move in before August 8th. We were required to pay a full months rent then even though we were not able to live on property for 8 days.

The way I see it, I should be able to only pay for the 24 & 1/2 days in October that I am living there.
veto
 
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My lease ends on the 25th, do I have to legally pay for the whole months rent or can I pro-rate it?

Postby cadby » Wed Nov 30, 2011 4:54 pm

Too late now to do anything about the beginning of your lease; the time to deal with that was in August of 2010, not October of 2011.

There are no such things as "half days" in renting. Forget that silly notion.

If your lease ends 10/25/11 (and you normally pay rent on the first of every month), then you should only pay for those 25 days. You should not pay for the 26-31. Take your monthly rent, divide by 30 (regardless of what month you are in, you always use 30, never 31 or 28) and multiply by 25. This is the amount of October rent. If you have already paid full October rent, the leftover should be refunded to you within 30 days of end of tenancy in most states (could be 14-21 depending on state law).

If your lease ends 10/31/11, but you simply will be physically vacating on the 25th, then you still pay for the entire month, regardless of when you physically leave. Doesn't sound like this is the case, though.
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My lease ends on the 25th, do I have to legally pay for the whole months rent or can I pro-rate it?

Postby chansomps » Wed Nov 30, 2011 5:00 pm

you asked this question back in July. And the answer is still the same. I'm guessing this is student housing, etc. This is the way it works.

Read your lease
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My lease ends on the 25th, do I have to legally pay for the whole months rent or can I pro-rate it?

Postby tai38 » Wed Nov 30, 2011 5:07 pm

Assuming you've been paying on the 1st every month and the rent covers the entire month then you should not be paying for the last 6 days of the month (forget about the 1/2 day).

Not sure why the front end of the lease is coming up now and not earlier, but if you were not given possession of the property, due to the landlord's fault, until the 8th then you should not pay for that.

However you approach this, understand that your landlord still controls your deposit. You know your landlord better than anyone here, but know that some will be bitter about you asking for what is rightfully yours and may find reasons to keep more of your deposit than they otherwise would. Other landlords are understanding and would treat the two situations separately.
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