Prorated Rent Refund (Colorado)

[Pocahontas411]

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

LANDLORD IN COLORADO: My tenant broke 1-year lease with military orders (clause honored). Via email he stated he would move out on 29 Jan 18 and I agreed. He recently informed me that he will be vacating the premises on 24 Jan 18 and is asking for a prorated rent refund (approximately 1 week's worth). Am I legally obligated to refund prorated rent? Any guidance would be appreciated. Thank you!

 

[LdiJ]

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

LANDLORD IN COLORADO: My tenant broke 1-year lease with military orders (clause honored). Via email he stated he would move out on 29 Jan 17 and I agreed. He recently informed me that he will be vacating the premises on 24 Jan 17 and is asking for a prorated rent refund (approximately 1 week's worth). Am I legally obligated to refund prorated rent? Any guidance would be appreciated. Thank you!

Did you perhaps mean 29 Jan 18 and 24 Jan 18? Otherwise, he moved out a year ago.

No, you are not obligated to give him back a week of prorated rent. You are required to let him move out early without penalty, not to give back some days of rent because he left a bit earlier than originally intended.

 

[adjusterjack]

Am I legally obligated to refund prorated rent?

Nope.

In fact, you might be entitled to an additional month's rent if I am reading this correctly:

(d) EFFECTIVE DATE OF LEASE TERMINATION-
(1) LEASE OF PREMISES- In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.

For example, if rent is due on the first and he delivered the notice at any time after the January rent was paid then the lease termination would be the end of February and you would be entitled to February rent.

If he delivered notice prior to the January rent due date, you would be entitled to the full rent for January.

See Section 535 of the Servicemembers Civil Relief Act:

https://www.justice.gov/sites/default/files/crt/legacy/2011/03/23/scratext.pdf


On the other hand, the guy is potentially putting his life on the line in defense of your freedom.

Maybe just give him the pro-rated refund and thank him for his service.

 

[LdiJ]

Nope.

In fact, you might be entitled to an additional month's rent if I am reading this correctly:



For example, if rent is due on the first and he delivered the notice at any time after the January rent was paid then the lease termination would be the end of February and you would be entitled to February rent.

If he delivered notice prior to the January rent due date, you would be entitled to the full rent for January.

See Section 535 of the Servicemembers Civil Relief Act:

https://www.justice.gov/sites/default/files/crt/legacy/2011/03/23/scratext.pdf


On the other hand, the guy is potentially putting his life on the line in defense of your freedom.

Maybe just give him the pro-rated refund and thank him for his service.

He might never be deployed at all...while we are all grateful for their service that doesn't mean that they should get a free ride.

 

[xylene]

You have no legal or moral obligation to prorate.

I absolutely WOULD NOT even given an answer to the tenant until possession is returned.

 

[PayrollHRGuy]

It doesn't matter if he is deployed or not. The Servicemembers Civil Relief Act allows for lease release if a service member received permanent change of station or deployment orders that will last for more than 90 days.

And no matter if he is deployed to a combat zone or not he is serving his country.

 

[LdiJ]

It doesn't matter if he is deployed or not. The Servicemembers Civil Relief Act allows for lease release if a service member received permanent change of station or deployment orders that will last for more than 90 days.

And no matter if he is deployed to a combat zone or not he is serving his country.

So you agree that he should get back money that he is not entitled to get back just because he is in the military?

 

[PayrollHRGuy]

No, not at all. I just wanted to clarify that being deployed has nothing to do with it.

 

[LdiJ]

No, not at all. I just wanted to clarify that being deployed has nothing to do with it.

Yes, but we weren't speaking of deployment as anything related to the law. Adjust Jack suggested that perhaps the guy should get the prorated money just because he was in the military and might be deployed some day and I suggested the opposite.

 

[PayrollHRGuy]

AJ never mentioned deployment and do you think that service members only die while deployed?

And yes I would cut the renter a break when I could.

 

[xylene]

Whatever our understanding of patriotic duty, cutting a pro rate before keys to a clean empty damage free apartment have been surrenders and final inspection made and documented would be pro landlording.

 

[adjusterjack]

He might never be deployed at all...while we are all grateful for their service that doesn't mean that they should get a free ride.

Nobody is suggesting that anybody get a "free ride."

People and businesses that give discounts to servicemembers and veterans do so because they WANT TO.

You have no legal or moral obligation to prorate.

That's right. It's completely optional.

I absolutely WOULD NOT even given an answer to the tenant until possession is returned.

That should go without saying and I hope every landlord knows that. Perhaps respond with a contingency that the place be returned in proper condition.

So you agree that he should get back money that he is not entitled to get back just because he is in the military?

Nobody said that. So why are you making inflammatory statements that have no bearing in fact?

Adjust Jack suggested that perhaps the guy should get the prorated money just because he was in the military and might be deployed some day and I suggested the opposite.

Here you are, doing it again - attributing statements to people that they didn't say.

 

[LdiJ]

Nobody is suggesting that anybody get a "free ride."

People and businesses that give discounts to servicemembers and veterans do so because they WANT TO.



That's right. It's completely optional.



That should go without saying and I hope every landlord knows that. Perhaps respond with a contingency that the place be returned in proper condition.



Nobody said that. So why are you making inflammatory statements that have no bearing in fact?

You consider that to be an inflammatory statement? You would not have said what you said if he wasn't in the military. You said:

On the other hand, the guy is potentially putting his life on the line in defense of your freedom.

Maybe just give him the pro-rated refund and thank him for his service.

I don't know how you can deny that you suggested he get the money even though he wasn't entitled to it, just because he is in the military. How else was that statement to be interpreted?

Here you are, doing it again - attributing statements to people that they didn't say.

You are correct in this instance, I paraphrased my interpretation of your statement rather than what you actually said. However, I am not one for attributing things to people that they did not say, so I do not know where you are getting the "Here you are, doing it again" bit.

 

[Gail in Georgia]

The question was "Am I legally obligated to refund prorated rent?"

The answer is no.

Gail

 

[justalayman]

The scra requires the notice from the tenant to be in writing and delivered in one of the following means:

(2) Delivery of notice. Delivery of notice under paragraph (1)(A) may be accomplished —
(A) by hand delivery;
(B) by private business carrier; or
(C) by placing the written notice in an envelope with sufficient postage and with return receipt requested, and addressed as designated by the lessor (or the lessor's grantee) or to the lessor's agent (or the agent's grantee), and depositing the written notice in the United States mails.

The tenant is also required to include a copy of his orders.

As another noted that while the tenants obligations Under the lease are terminated, it’s not instantly

(d) Effective date of lease termination.
(1) Leases of premises. In the case of a lease described in subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subsection (b)(1), termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.

So the lease is terminated, under the scra, either the end of January (if the written and delivered notice was delivered before the end of December) or the end of February (if notice wasn’t recieved until after Jan 1)


Just in case the guy argues the scra requires you to prorate rent, here is what he may be referring to:

) Arrearages and other obligations and liabilities.
(1) Leases of premises. Rent amounts for a lease described in subsection (b)(1) that are unpaid for the period preceding the effective date of the lease termination shall be paid on a prorated bases. The lessor may not impose an early termination charge, but any taxes, summonses, or other obligations and liabilities of the lessee in accordance with the terms of the lease, including reasonable charges to the lessee for excess wear, that are due and unpaid at the time of termination of the lease shall be paid by the lessee..

One has to understand that although most fixed terms leases allow for monthly payments, many people do not realize that upon signing the lease the tenant is liable for the entire term of the lease. What the prorating refers to is if there are 6 months remaining on the lease ( that allows for monthly payments), that means the period of that 6 months that is during the time prior to the termination date allowed under the scra that has not been paid must be prorated from the total 6 months period. It does not mean the tenant can pick and choose the date such as the tenant is doing in your situation and require you to prorate to that precise date.

The tenant is still liable for damages just as they would normally.


So, the ball is in your court. It appears you are doing more than you are reauired to do so unless you want to prorate in such fine periods as the tenant wants, you don’t have to.