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jhanks349 | Can a landlord require me to pay rent for days that I'm not allowed to live in the unit? |
I've paid rent on time every time, been an excellent tenant, and my landlord will not prorate my rent even though my landlord requires that I vacate the unit 8 days before the end of the month. The lease indicates that it ends on the date that is 8 days before the end of the month. However, the lease also indicates that my rent for each month is a fixed amount. My landlord refuses to prorate my rent for the days that I'm not in the unit and will not let me stay in the unit until the end of the month even though I've paid the full amount. Basically, my landlord is charging me a 25% increase on the rent for the last month even though the lease indicates a fixed amount per month (which is defined as 30 days). Do I have any legal recourse? |
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MsKristenK
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Just pay the pro-rated amount anyway. You are moving out soon anyway, he is not going to evict you. |
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Mrs Apple
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Your lease clearly states that you need to vacate 8 days prior to the month ends. You've already answered your own question. You've agreed to the terms, so that's why you've signed the papers and were living there. Unless the papers state that it will be prorated because of those last 8 days, then you're pretty much stuck paying for the whole month. |
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funnyhaha
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no, you signed the lease agreeing to this. the lease is a legally binding document. |
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mscarriem
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if you are moving out 8 days early because he is having you vacate then he needs to prorate the rent, I would send him a certified mail letter explaing that because he is asking you to vacate early by the 8 days that you will pay a prorated rate of XXX pay him on time with a cashiers check so you can get proof he cashed it, MAKE sure you send it certified mail only send him a letter again with the rent check. ALSO make sure he comes and does a walk thru with you when you move out and tells you any repairs he wants complete to bring the home back to the proper condition for when you moved in so you get security deposit back, Make sure also you take lots of pictures when you leave so he does not keep money he ows you from secruity deposit
In the letter you send be explicit in your reasons for paying the less rent, |
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bquestion
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According to lease it looks like your landlord is right. You should have noticed when you read the lease and inquired before you signed it. |
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chatsplas
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Well, you agreed to this lease and signed on the dotted line. That was the time to ask for proration, or not to take that apartment. You've had a year's notice of this eventuality, so what's your complaint? Really common in college leases, not elsewhere.
Not really. |
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estielmo
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I would pro-rate it myself with a note explaining why. If he shorts your deposit by that amount, sue him.
Why is that clause there, anyway? |
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onandonandonanon
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I'd have an attorney look it over. |
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Ralph V
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yes he has to prorate it if he wants you out |
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sndy_newman
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i understand it says the that it is defined as 30 days but that is for payment on lease purchases thats why the vacate date was located under different terms unfortuantley he has you you signed it im sorry |
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smedrik
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No, you signed a leases stating that there is a fixed rate and you need to leave the property early upon terminating the lease.
You agreed to these terms in writing upon renting the unit, and there for have no legal recourse.
It may not be fair, however you signed the contract |
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pg
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I'm not sure of the proper legal terminology for such a problem, but it does seem that it is illegal.
I had a business law professor in college that discussed such problems between tenants and landlords. He stated that you can legally set up an account with a bank to pay the rent, and they will hold it until the landlord fulfills his/her legal obligations. This way, you didn't break any agreements, because you paid your end of the contract.
However, I would recommend speaking to a lawyer first, or find a friend in the legal profession who can advise you on the best course of action. |
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Oops, I did it again...........
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Landlord can not do that. You can stay till end of month. |
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King Soji
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legal answer : if you make a payment on due date or before it wont effect your credit. if the check bounces different story! its between you and them ,dont lose any sleep over this issue . allways ask for a reciept! pay buy cashiers check or money order next time ! |
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DogTrainingroad.com
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hi |
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Expert Realtor
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Rule of thumb:
Just because it's in the lease and you sign it DOES NOT EQUAL LEGAL!!!
What the landlord has written into the lease is just as illegal as stating, "The security deposit is non-refundable in all circumstances" or "You can't get married if you live here" or "If you move in, you can't drive a Chevrolet or a Nissan".
If he requires you to vacate 8 days early, he has to prorate the rent whether he wants to or not...he cannot require you to pay for rental when you cannot stay there.
Why are you paying the 25% extra if your lease is fixed? That is when you give them the check for the CORRECT amount, have a witness, and say, "Here you go, if you don't cash it, that's your problem."
I would send him a check, prorated, via certified mail with a letter that states that you are not paying for days that you are not allowed to stay there, and you WILL be suing him in court if he tries to take it out of your deposit. |
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