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Prorating Rent

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mwhite245

Guest
My landlord wants the rent on the 1st of the month. however I do not get paid until the 15th of the month. I have no control over it and I have told her many times that I don't get paid until the 15th. Does anyone know if you can really pro rate a rent just because of this circumstance?? She wants to charge me almost 400. dollars to do this.
Second. our air conditioner stopped working, it took us 2 days to contact the land lady. We couldn't get a hold of her so we called the repair place ourselves since we have 4 small children and my wife is 6 months pregnant..........It took 2 more days for them to finally get it fixed. So at least 4 days of 100 degrees or more. This morning I had to take my wife to the hospital.....from dehydration and heat exhaustion.....there they gave her almost 4 liters of fluid. And she was still dehydrated. Not to mention that she was on the edge of going into preterm labor due to dehydration. So my question on this is...........What can I do? Is this grounds to sue? Since the unborn baby's life and my wife's life was at stake here? Not to mention the other children.
Third she has called several times harrassing me about the rent when I told her that I couldn't pay it until the 15. Anything I can do about this?
PLEASE HELP!
 


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happy&lucky

Guest
CAN YOU READ WHAT THE HELLL STATE DO YOU LIVE IN?

also when does your lease start the 1st or the 15th?

what is your rent? is $400 1/2 a months rent?

Then pay it, and get it in writing the new lease and rent is due on the 15th of the month

Also YOU can deduct what you paid for the air conditioner from your rent, the landlord has a duty to fix the air conditioner asap, espically in summertime, and since the landlord was unavailable, you have the right to call and get it fixed and bill it to the landlord.
 
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mwhite245

Guest
YES I CAN READ! I live in Kansas.
No 400 isn't a half a months rent.....The rent is 550. a month.
And I moved in August 14 1999..... Is this enough info?
 
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happy&lucky

Guest
NOW DO YOU HAVE A LEASE?

(I assume you pay the rent on the 15th )

if NOT the landlord can change the terms of a month to month lease with a 30 day notice....$400 is not a half a months rent $275 is.....so how does she justify this?

If you have a lease, the landlord cannot change anything until it expires!


Also dont forget to deduct the cost of the AC repairs from this months rent and give her a copy of the reciept.
 
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mwhite245

Guest
Yes we have a lease. Month to Month as far as I know. When I got married we had a new lease but she said nothing about it being a month to month and since my 12 month lease was already up a year ago I am assuming that it is month to month. Although I am going to have to find out now that you ask.

Second I don't know how she justifies this. I have looked on numerous sites to see if someone can pro rate a rent. And I looked at the lease it says nothing about pro rating rent if you can't pay it on the 1st. Can I help it If I don't get paid until the 15th? All of the other land lords I have had before this one has made the payment be on the date that I get paid. So I don't understand why this lady is being so difficult.

Also the deal with my wife and the a/c .... The landlord had her husband call last night. Yelling at me about the rent and all and I told him about my wife going to the hospital because of the heat and he said "well that isn't my problem" When they wouldn't fix the a/c........
I guess I will have to call a lawyer now to see If there is any thing I can do. Maybe sue them for the hospital bills.......
 
L

lildevil719

Guest
prorating rent

one or two things about your post need to be clarified, I think. First of all, when you say that your landlord is prorating the rent, is she asking you to pay the $400.00 in addition to your regular $550.00? Cause the only time I've ever heard of a landlord prorating anything is when someone moved in in the middle of the month, but had to pay a whole month's rent up front, and the next month was prorated at a specific rate per day. For example, my rent was $495 a month. I moved into the apartment on the 17th, and my rent for the next month was $295. But that's the only way I've ever heard of anyone prorating rent.

Second of all...Find out for sure if you are on a month to month lease. If you're on a year long lease, or 6months or whatever, check your lease andsee if it says anything about the air conditioning, if it doesn't, did the landlord advertise air conditioning in whatever ad you found on the place? otherwise you're SOL. You can't make the landlord fix something she never promised you'd have. however, if it does say something in either the lease or the ad, you can probably recoup your expenses on the air conditioner repair and the hospital bills, if you have a doctor's statement. But you might not want to do that, if you can't afford to move right away, especially if you're on a month to month. I know that in some states, air conditioning is required in a rental unit...but I also know that in Colorado, which is right next door to KS, it is not required at all. There fore it kind of stands to reason that it's probably not required in Kansas, either, but that's just what I would think.

Third, I've never heard of a landlord acceptuing rent in the middle of the month, either. you must have had some nice landlords for them to do that. however, from the landlord's point of view(if you want to see it that way) Her mortgage on the property is probably due between the 1st and the 10th of the month, which means she need the rent paid so she can pay her mortgage payment. Also, if she has other rental properties, they all probably pay rent on the 1st, so it's easier for her to keep track of who's paid if everyone pays at the same time. What you should do is go ahead and find someone to borrow the money for the rent from, and then just keep the money out of your paycheck, and either mail the rent in early, or save it until the 27th or 28th, and mail it out, and pay the person back that you borrowed from little by little.

Good luck, and I hope you have a healthy baby!;)
 
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happy&lucky

Guest
YOU STILL NEVER ANSWERED THE QUESTION:

What date did your lease start? the 1st or the 15th?

if it started on the 15th,since you moved in on the 14th...i asssume thats when your lease started...... and she wants you to change it to the 1st, you can pay her $275 on the 15th and the FULL rent of $550 on Oct 1st.

so where does this imaginary $400 come from?
 

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