Does this landlord have to accept prorated rent?

[Daphne6]

What is the name of your state (only U.S. law)? Tennessee

I have a month to month lease on a rental house (the year lease expired and was never re-signed) and gave a 45 day notice. I explained that I wanted to prorate the last 15 days (August 1-15) because I'd be leaving on August 8th. The landlady was clearly not happy about this at all, but she did agree to it verbally. I sent her a letter saying the same thing, also paying the July rent and confirming in writing that I'd be paying the prorated August rent at the end of July, and never got a reply back. Does this mean that she is legally obligated to accept the prorated rent agreement?

Not that it makes a legal difference (I don't think), but I have done SO much work on this house-- I've landscaped it completely, it probably would have cost thousands of dollars to have this done, I've fixed things she wouldn't fix although I asked repeatedly, etc. So I feel very justified in getting the rent prorated. (It kind of gives me that morally upright feeling... She has to know she can rent this property instantly, considering the location and how well I've kept it up, so I don't understand what the problem even is. But the point is, if someone verbally agrees and then gets the written notice and doesn't give a negative reply to it, does that mean they've legally agreed to it?

 

[Proserpina]

What is the name of your state (only U.S. law)? Tennessee

I have a month to month lease on a rental house (the year lease expired and was never re-signed) and gave a 45 day notice. I explained that I wanted to prorate the last 15 days (August 1-15) because I'd be leaving on August 8th. The landlady was clearly not happy about this at all, but she did agree to it verbally. I sent her a letter saying the same thing, also paying the July rent and confirming in writing that I'd be paying the prorated August rent at the end of July, and never got a reply back. Does this mean that she is legally obligated to accept the prorated rent agreement?

Not that it makes a legal difference (I don't think), but I have done SO much work on this house-- I've landscaped it completely, it probably would have cost thousands of dollars to have this done, I've fixed things she wouldn't fix although I asked repeatedly, etc. So I feel very justified in getting the rent prorated. (It kind of gives me that morally upright feeling... She has to know she can rent this property instantly, considering the location and how well I've kept it up, so I don't understand what the problem even is. But the point is, if someone verbally agrees and then gets the written notice and doesn't give a negative reply to it, does that mean they've legally agreed to it?

Short answer:

No.

 

[atomizer]

Landlords are not required to accept prorated rent. When you rent by the month, the contract is for a month not days. Your landlord would be within her rights to demand a pay or quit and sue you if you do not pay your full rent. You can also expect that you will not get a good reference from her in the future.

 

[Daphne6]

Okay, but how can it not make any difference at all if the landlord AGREED to it? (She hasn't actually said anything different yet. It's just that I would like to know if she can back out of it if she decides to. I'd rather know the worst in advance.) If the positions were reversed-- if I, as the landlord, agreed to prorated rent and then changed my mind-- I would think that I was just stuck.

Also, I have a very hard time believing that a landlord has the right to give a bad reference just because the tenant ASKED for prorated rent. If she tells me I have to pay for the whole month after all, I'm actually required to, and then I don't do it, that's one thing, but that is not something I would do. What would I have to do to make sure that this is clear? If I've believed in good faith that prorated rent was fine with her because it was both a verbal agreement and in writing, and then she turns around and gives me a bad reference or does something else without telling me that she changed her mind or even giving me the opportunity to pay for the full month first, this simply seems like it cannot be legal behavior. Sorry, but this woman is kind of a dingbat and I'm not sure what she might do, and I really want to try to find out what my rights are here.

 

[justalayman]

Okay, but how can it not make any difference at all if the landlord AGREED to it

? did she put it in writing? It seems that when you did, your "offer" was rebuffed. Maybe she misunderstood your original statement. Maybe she changed her mind. It really doesn't make any difference unless you can prove she agreed to it.

 

[atomizer]

You do not have a contract with her to pay a prorated rent. I am sure her recollection of the conversation and your would differ should you both be asked to state your verbal agreement. It's good that you upgraded the home, but that was something that was not required or demanded of you. You did that because it made you feel good. She would not give you a bad rental reference for asking for a prorated rent, but she might should you fail to pay your rent in full. Hell, she may give you one just because she is having a bad day. In fact, she need only say that she would never rent to you again and the message would have been conveyed.

What you have in writing is your statement that you intend to pay a prorated rent. Unless you have something indicating that she has agreed to your proposition you basically have nothing.

I have been the LL when a tenant states that they are paying just the prorated rent. My reply is OK, fine. I know that if I say anything otherwise they will not clean the apartment and would expect that I would keep the SD. Once they are gone I will explain why their cleaning did nothing to recover the SD and the rest of the SD was used to cover the rest of the rent.

 

[Daphne6]

I have never had to deal with anyone before who hasn't been willing to prorate rent when I've been willing to pay for half a month, using only a week of it, and the house can be rented in a heartbeat, but if that's how it turns out, then that's that. If she is just upfront about it instead of playing games, I really have no problem doing whatever I have to do. I would just like to know what I have to do to make it CLEAR about whether or not she is going to accept the prorated rent after having said she would. If she won't, then fine, but I just want her to be upfront about it so there are no misunderstandings. I am not going to give her any excuses for illegal bad references, illegally holding back security deposits, etc.

Once they are gone I will explain why their cleaning did nothing to recover the SD and the rest of the SD was used to cover the rest of the rent.

I appreciate your advice. I really do-- I don't want you to think I don't. But under the Tennessee Landlord and Tenant Act, that action would be completely illegal. I know landlords who have been taken to small claims court over it and who have lost.

 

[atomizer]

I appreciate your advice. I really do-- I don't want you to think I don't. But under the Tennessee Landlord and Tenant Act, that action would be completely illegal. I know landlords who have been taken to small claims court over it and who have lost.

Only if the amount being withheld is larger than the amount owed. Rent not paid is considered damage and can be deducted from your SD.

 

[Daphne6]

I think I'm beginning to see what you mean. Quite honestly, I'm not so sure that it's worth it anymore. The part I really don't like is that I KNOW this house can be rented instantly;I've talked to all the neighbors who've been there for many years and they all confirm that it has never been empty as long as it's been a rental house. The neighborhood is in so much demand now. So there the next people will be, staying there for free on the rent I've paid for the rest of August. Or she'll try to get away with charging double rent.

One thing I did think of was at least trying to ask the landlady this: if this house does rent right away and a new lease is signed by the end of the month (as we both know perfectly well it will), would she accept the prorated rent, because other people are going to be paying the rest of August anyway; if it doesn't, then I'll pay for the whole month.

 

[acmb05]

Only if the amount being withheld is larger than the amount owed. Rent not paid is considered damage and can be deducted from your SD.

Sorry but the other poster is right. In the state of Tennessee a landlord cannot do that if the tenant demands the security deposit back. The landlord would have to take the renter to court to get the rent money owed back they can't deduct it from the deposit.

 

[atomizer]

Sorry but the other poster is right. In the state of Tennessee a landlord cannot do that if the tenant demands the security deposit back. The landlord would have to take the renter to court to get the rent money owed back they can't deduct it from the deposit.

Tennessee Residential Landlord-Tenant Law

Security Deposits.
Security deposits may be demanded by landlord at the time of the lease to ensure partial or total coverage of expenses if tenant leaves behind damage, unpaid rent, or leave the premises in an unclean condition after the termination or expiration of the lease. Typically the amount of the security deposit is capped by statute at a maximum amount such as one or two month’s rent. Procedures concerning security deposits vary widely from state to state, with a sizable minority of states requiring placement in a separate, interest bearing bank account with interest being periodically paid out to tenants. A Tenant and landlord are typically required to inspect and document the conidition of the premises prior to the lease, and to revisit and redocument the conditions after the lease, regardless of whether the lease was terminated due to breach or simply expired. A Landlord may retain a portion of the security deposit sufficient to repair damages (other than reasonable wear and tear), clean and account for unpaid rent. The remainder must be mailed to the tenant with documentation of the deductions. A Tenant must provide his forwarding address, and there is a limit on the obligation of the landlord to retain the security deposit when unable to reach the tenant by mail. Suit may be brought by the tenant for failure of the landlord to fulfill the statutory obligations, but damages are normally capped.

Tennessee Residential Landlord-Tenant Law - Residential Landlord and Tenant - Landlord Tenant