Prorate rent

[skyrim]

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

Thank you all for any input in advance - this site has been very useful to me before in various aspects.

I signed the new lease with landlord. Landlord accepted my application June 30. Said wants to sign as of July 1st, but I was away for the Holiday weekend and met with landlord's son to sign the lease on July 5th at 7PM. The lease was signed on July 5th, but I paid for the whole 1st month. During the lease signing, I discussed with the son if we can prorate the 5 days and apply the difference for the next month's rent. Son said ok no problem. Now I am talking to the landlord who says she doesn't want to prorate and I owe the full amount. So the question is: If i signed the lease on the 5th, do I legally have to pay for those 5 days? I obviously don't think its fair and believe I have a legal ground to not pay for those 5 days and pay less 5 days for the next month as discussed with the son, thus prorate the amount. Please advise if you can. Thanks.

 

[skyrim]

Any input from anyone?

I have to mention that my rent is over 2K, so 5 days will be over $300. Not a big deal but hey - would you gift a stranger 300? No. Please help. I am really concerned as I have to pay on the Aug 1st.

 

[xylene]

You should have had the son, who was clearly acting as the landlord's agent, put that agreement in writing.

I agree you SHOULD be able to prorate, but you can't really prove it and it is not a hill worth dying on.

Now you know you landlord is a shady scum-ster as well - like so many lls

 

[Zigner]

If you signed on the 5th, does your rental period run from the 5th to the 5th?

 

[skyrim]

Rental Agreement says rent paid on the first of every month. But signed on the 5th.

 

[skyrim]

You should have had the son, who was clearly acting as the landlord's agent, put that agreement in writing.

I agree you SHOULD be able to prorate, but you can't really prove it and it is not a hill worth dying on.

Now you know you landlord is a shady scum-ster as well - like so many lls

Whats there to prove though? Signed on the 5th. I want to know if I have a valid argument here. Thanks guys. Btw you are all so awesome and always funny and witty!!

 

[skyrim]

If you signed on the 5th, does your rental period run from the 5th to the 5th?

Rental Agreement says rent paid on the first of every month. But signed on the 5th.

 

[Zigner]

Rental Agreement says rent paid on the first of every month. But signed on the 5th.

Well it does sound a bit off. The LL does owe for those 5 days, but you might end up waiting until you move out to recover it.

Now, to play Devil's Advocate for a moment: The LL had to keep the place off the market for 5 extra days because you failed to take the unit when you agreed to it. Why shouldn't he be entitled to the 5 days? Perhaps, if it will make things smoother, you can offer to split it?

 

[skyrim]

Well it does sound a bit off. The LL does owe for those 5 days, but you might end up waiting until you move out to recover it.

Now, to play Devil's Advocate for a moment: The LL had to keep the place off the market for 5 extra days because you failed to take the unit when you agreed to it. Why shouldn't he be entitled to the 5 days? Perhaps, if it will make things smoother, you can offer to split it?

With ALL due respect - I didn't agree to take the unit on the 1st. I told the landlord that I am out of town for the 4th weekend. More so - the landlord informed me that she approved my application on June 30 in the afternoon, which was Thursday. I had plans for the 4th weekend set to be out of town, common now. I think I moved with signing the lease fast enough, no?

Wait until i move out? Why? I can put these 300+ and invest them or something and earn interest. Why do I have to front my LL more then I already did? With a full month rent and a month and a half security? This is nonsense to me and I feel like I am being taken advantage of.

 

[Zigner]

With ALL due respect - I didn't agree to take the unit on the 1st. I told the landlord that I am out of town for the 4th weekend. More so - the landlord informed me that she approved my application on June 30 in the afternoon, which was Thursday. I had plans for the 4th weekend set to be out of town, common now. I think I moved with signing the lease fast enough, no?

You misunderstand - I was speaking from a possible position that the LL will take on this matter. That's what I meant by "...to play Devil's Advocate..." In any case, you indicate that ~$300 isn't a big deal, so I suggested that you try to reach a compromise at $150

 

[skyrim]

You misunderstand - I was speaking from a possible position that the LL will take on this matter. That's what I meant by "...to play Devil's Advocate..." In any case, you indicate that ~$300 isn't a big deal, so I suggested that you try to reach a compromise at $150

Thank you. 300 isn't a lot of money nowadays - but I work my ass of for that 9+ hours a day shifts, it doesn't come easy.....and if I am right why compromise? I have family to support etc. While compromising is a great quality - I feel mad and feel like this is unjust to do so in this situation. Fight for your rights, right? Or be railroaded by whoever wants to take advantage. Especially when I was told that prorating will be the deal. I just want to know if I have a point, from you, which you already told me I do - so I can write a kick ass response to the greedy lady and tell her off. Not a good start - but I wasn't the one who started it

 

[Zigner]

Thank you. 300 isn't a lot of money nowadays - but I work my ass of for that 9+ hours a day shifts, it doesn't come easy.....and if I am right why compromise? I have family to support etc. While compromising is a great quality - I feel mad and feel like this is unjust to do so in this situation. Fight for your rights, right? Or be railroaded by whoever wants to take advantage. Especially when I was told that prorating will be the deal. I just want to know if I have a point, from you, which you already told me I do - so I can write a kick ass response to the greedy lady and tell her off. Not a good start - but I wasn't the one who started it

I do agree that you are entitled to that money. I don't agree that you should start off on such a negative footing. You are only setting yourself up for conflict over what you admit is a small amount of money. You could simply keep good records and then wait until the end of the lease...

 

[xylene]

Personally I think you cant prove any agreement to prorate, so you shouldn't expect anything at the end of the lease either.

There is no proof you didn't just sign the lease late after being away for the holiday...

 

[Zigner]

Personally I think you cant prove any agreement to prorate, so you shouldn't expect anything at the end of the lease either.

Rent is due 1st-1st, but occupancy didn't begin until the 5th. There's no agreement to prorate, but it's clear that the OP is 5 days ahead on his rent.

 

[skyrim]

I do agree that you are entitled to that money. I don't agree that you should start off on such a negative footing. You are only setting yourself up for conflict over what you admit is a small amount of money. You could simply keep good records and then wait until the end of the lease...

Thank you for that. I dont want negativity either, believe me. Always better to be amicable, everywhere with anyone at any time. You catch more flies with honey then with vinegar. The problem is that if at the end of the lease I bring this up - it wont matter because the LL will think I am nuts as I agreed to pay back in August (now) and I will have an issue then vs. now. Plus I am now positive I will have an issue with my hefty deposit because you cant trust their word for ish.