"We Don't Prorate"

CindyinMi · #1 07-18-2007, 01:49 PM

What is the name of your state? MI

Hello everyone, I'm getting ready to move out of my apartment and the date I have to be out is Aug 17. I asked how much the rent would be for this month and I was told by the leasing office that it would be a full month's rent. When I asked why, since we are only going to be there for 1/2 the month she replied, "We don't prorate." Is this legal to charge for a full month when I'm only going to be on the premises for half the month? I still have to look through my paperwork but I think our first month with them was prorated. Since we moved in two years ago, there has been several changes in management so it has complicated matters. I would just refer to my lease agreement for clarification but on the lease that I signed, it says rent is due on the 20th of every month and the office changed this to the 1st of every month a while back.

Second, I thought about only giving them a check for half of the month upon move out but I am worried they will just keep my security deposit for the remaining amount. Would it be legal for them to do this?

Any help you can provide would be great.

Thanks!

Cindy

xylene · #2 07-18-2007, 01:54 PM

Hi cindy.

Please answer these questions:

Do you have a lease? If so When does / did it end?

Exactly what day did you give notice?

Did they dictate this move out date?

While they are being ballbusters, generally speaking you are going to be owing for the full month.

also lets be intellectually honest, the 17 is more than half a month.

Alaska landlord · #3 07-18-2007, 01:57 PM

LL's arre not required to prorate. When you are renting on a monthly basis you are required to pay for the full month whether you stay one day or 30. If you don't pay for the full month your check will probably not be accepted and the eviction process may be started. Late fees will kick in. your credit may be affected and for sure your SD will take a big hit.

CindyinMi · #4 07-18-2007, 02:13 PM

Here are the answers to your questions:

Do you have a lease? If so When does / did it end?
- Yes I have a lease. I resigned in January 06 and my lease was through August 20, 07. Like I said earlier, I used to pay the rent on the 20th so that is why it does not run until Aug 31.

Exactly what day did you give notice?
-I'm not sure of the exact date, but they left a notice on my door in May saying that our lease was going to expire and if we were planning on leaving to give them notice. I signed the form saying we would vacate and turned it in. (I can try to get more detailed dates for you later tonight when I return home).

Did they dictate this move out date?
-Yes they did.

The reason why I was wondering is because I would like to be out before the 17th. My new apartment is ready to for me to move in now and if I can move out sooner, I would rather do that then stay until the last day possible.

Thanks again.

CindyinMi · #5 07-18-2007, 02:21 PM

By the way, I didn't mean to imply that I want to move out this month. Just a few days sooner, like the 10th or the 13th of August.

BL · #6 07-18-2007, 02:24 PM

Quote:

Originally Posted by CindyinMi

Here are the answers to your questions:

Do you have a lease? If so When does / did it end?
- Yes I have a lease. I resigned in January 06 and my lease was through August 20, 07. Like I said earlier, I used to pay the rent on the 20th so that is why it does not run until Aug 31.

Exactly what day did you give notice?
-I'm not sure of the exact date, but they left a notice on my door in May saying that our lease was going to expire and if we were planning on leaving to give them notice. I signed the form saying we would vacate and turned it in. (I can try to get more detailed dates for you later tonight when I return home).

Did they dictate this move out date?
-Yes they did.

Thanks again.

Let's see , you're not sure when you gave notice , but they are dictating the move out date ?

Answer this , in your valid current lease , what is the rent due date ( not the grace period to date ) , but the actual rent period date to date ?

If it is the 20th of the month to the 20th of the next month ( not the 1st to the 1st ) , and you did not agree to the change to the first , and they unilaterally changed it , it's not enforceable .

But here is what I'm getting from your post .

You moved in in the middle part of a month , they prorated for " that " month . Common practice . The rental then became from the first to the first . If that's the case , you owe the entire month .

If not , clarify ..

CindyinMi · #7 07-18-2007, 02:30 PM

Sorry for not being more clear. In my current lease, it states the date that rent is due is on the 20th of every month to the 20th of the next month. You're right that they just changed it without our permission and suddenly we were asked to pay from the 1st to the 1st. They left a note on our door and that was that.

We moved in to the apartment a few days early (the 15th) and I believe we paid a prorated rate for those few days. Then our lease officially started on the 20th.

Now my question is, since we've been paying on the first of the month for the last 5 months or so, should I still have to pay an entire months rent if we are moving out on the 10th?

moburkes · #8 07-18-2007, 02:43 PM

Quote:

Originally Posted by CindyinMi

Sorry for not being more clear. In my current lease, it states the date that rent is due is on the 20th of every month to the 20th of the next month. You're right that they just changed it without our permission and suddenly we were asked to pay from the 1st to the 1st. They left a note on our door and that was that.

We moved in to the apartment a few days early (the 15th) and I believe we paid a prorated rate for those few days. Then our lease officially started on the 20th.

Now my question is, since we've been paying on the first of the month for the last 5 months or so, should I still have to pay an entire months rent if we are moving out on the 10th?

You agreed to it when you signed it. You need to pay rent to the 20th of the month, even if you move out on the 13th, 15th, or 17th. If you are there on the 20th, you will pay for another full month.

xylene · #9 07-18-2007, 02:47 PM

Quote:

Originally Posted by CindyinMi

The reason why I was wondering is because I would like to be out before the 17th. My new apartment is ready to for me to move in now and if I can move out sooner, I would rather do that then stay until the last day possible.

If your apartment is ready NOW, ask them if you can move out on july 31 and avoid the last months rent.

Its in your lease, but it never hurts to ask.

Make sure you get any understandings in writing. Good luck, but I think your snarky LL is going to have you paying for the full month.

CindyinMi · #10 07-18-2007, 02:50 PM

That's what I was afraid of. One of the reasons I'm moving out in the first place because I'm sick of the empty promises from them for a variety of different situations!

It just kills me when LLs try to take advantage of you. Thanks for the advice.

BL · #11 07-18-2007, 02:51 PM

Quote:

Originally Posted by moburkes

You agreed to it when you signed it. You need to pay rent to the 20th of the month, even if you move out on the 13th, 15th, or 17th. If you are there on the 20th, you will pay for another full month.

What the poster is saying is the lease rent period is from the 20th to the 20th , and the LL changed it to the 1st to the 1st during the lease without the tenants consent to the change . The tenant in turn has been paying from the first to the 1st ( why , I don't know ) .

Either the landlord was overpaid or underpaid by switching without consent .

It's still not clear what transpired .

moburkes · #12 07-18-2007, 02:52 PM

Quote:

Originally Posted by Blonde Lebinese

What the poster is saying is the lease rent period is from the 20th to the 20th , and the LL changed it to the 1st to the 1st during the lease without the tenants consent to the change . The tenant in turn has been paying from the first to the 1st ( why , I don't know ) .

Either the landlord was overpaid or underpaid by switching without consent .

It's still not clear what transpired .

Oh, I see. Ignore the LL if s/he changed it to 1st to 1st. The written lease is what you go by. If you move out now (if you have given sufficient notice per the lease, or at least 30 days), you won't have to pay.

CindyinMi · #13 07-18-2007, 02:59 PM

Ok, now I'm confused.

Quote:

Oh, I see. Ignore the LL if s/he changed it to 1st to 1st. The written lease is what you go by. If you move out now (if you have given sufficient notice per the lease, or at least 30 days), you won't have to pay.

So you're saying I'm not liable for the extra rent?

Blonde Lebinese is correct with her explanation. I guess I'm not sure why the situation is still unclear. When they asked us to switch to paying the rent on the 1st of the month, we didn't want to but we complied with their wishes anyway to avoid confrontation.

The lease states that we should have paid rent on July 20 and vacated by Aug 20. But since they switched the due dates we have since paid on July 1st. I guess it comes down to who should pay for those additional two weeks.

moburkes · #14 07-18-2007, 03:04 PM

This is the problem. If, back in December, you paid rent on the 20th (which would carry you to the 20th of January) and then paid again on the 1st of January, you are overpaid on your rent. If you did NOT pay on the 20th, but, instead, didn't pay until the 1st of January, then you are behind on your rent.
So, how did it work out all those months ago, when your due date was changed?

CindyinMi · #15 07-18-2007, 03:15 PM

When we went to pay the rent, we were told to wait and pay it on the 1st. So, it looks like those two weeks were just added to the end of our lease and we'll pay the full month at move out. Looking back, I wish I would have just refused to change the payment date because this really makes things harder on us to pay two full months rent at one time! Live and learn I guess...

Thanks so much for helping me talk it through and figure it out!