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  1. #1
    LindaP777 is offline Senior Member
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    Question Prorating rent for final month

    What is the name of your state? OHIO

    My tenant moved out September 15, after giving me the required 30 days notice. (She was on a month to month - her one years lease had expired a few months earlier.) October's rent was due October 1st (rent was always due on the 1st) and she sent a letter and asked to pay 1/2 a month's rent because she said she'd be out by the 15th. I wrote back and told her I did not prorate the rent and a full months rent would be due October 1st and she'd have the rest of the month to move out and clean. She decided to not pay any of the rent, but told me to "take it out of her security deposit".

    When I sent her the list of "damages" withheld from her security deposit, I included the rent for the month of October. She is objecting to being charged for the whole month and said I was required to prorate the rent. What does the law say? Do I have to prorate every tenants rent based on the day they leave? I've never had this come up before. The lease does not address prorating the final month one way or the other.

    (FYI - this particular tenant also had items in the storage unit the whole month of September. When we had the walk through on the 15th, she said she would return for them, but she never did. On October 4th, I finally hauled the items away, so regardless, I firmly believe she owes the whole month because she still had belongings stored there. I did not charge her hauling fees or any late fees for October's rent when I easily could have.)
  2. #2
    BL
    BL is offline Senior Member
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    Quote Originally Posted by LindaP777
    What is the name of your state? OHIO

    My tenant moved out September 15, after giving me the required 30 days notice. (She was on a month to month - her one years lease had expired a few months earlier.) October's rent was due October 1st (rent was always due on the 1st) and she sent a letter and asked to pay 1/2 a month's rent because she said she'd be out by the 15th. I wrote back and told her I did not prorate the rent and a full months rent would be due October 1st and she'd have the rest of the month to move out and clean. She decided to not pay any of the rent, but told me to "take it out of her security deposit".

    When I sent her the list of "damages" withheld from her security deposit, I included the rent for the month of October. She is objecting to being charged for the whole month and said I was required to prorate the rent. What does the law say? Do I have to prorate every tenants rent based on the day they leave? I've never had this come up before. The lease does not address prorating the final month one way or the other.

    (FYI - this particular tenant also had items in the storage unit the whole month of September. When we had the walk through on the 15th, she said she would return for them, but she never did. On October 4th, I finally hauled the items away, so regardless, I firmly believe she owes the whole month because she still had belongings stored there. I did not charge her hauling fees or any late fees for October's rent when I easily could have.)
    [url]http://www.ohiobar.org/pub/lawfacts/index.asp?articleid=11[/url]
  3. #3
    LindaP777 is offline Senior Member
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    thanks, but did I miss something?

    Thanks for the link, but unless I overlooked it, I saw nothing about a requirement to prorate the last months rent . . . .
  4. #4
    BL
    BL is offline Senior Member
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    Both parties may end a month-to-month tenancy by giving the other party at least one month's notice before the end of the current monthly term.

    In other words the Landlord is not required to prorate , unless He?she choses to ..
  5. #5
    Ellerge is offline Member
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    Cool Moved!

    The tenant owes for ALL of Sept. Do not prorate. The rent was due on the 1st. Charge her the appropriate late fees. The tenant is trying to CON you into only charging her 1/2 month's rent. Also, charge her for storing her 'stuff'.
  6. #6
    LindaP777 is offline Senior Member
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    Thanks for the help!

    Thanks for the help! I just wanted to make sure I wasn't doing anything illegal or being unreasonable.

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