Prorated rent

[Stephen1]

I'm looking at the sample lease our state LL assn has drafted. Regarding a prorated first month's rent it says " The prorated rent from the commencement of this Rental Agreement to the first day of the following month is $_____, which amount shall be paid

___ at the execution of this Rental Agreement with the first month’s rent.

Or​

___ with the rent payment due for second month of this Rental Agreement "
There are check boxes for the LL to indicate which option he is requiring.

If rent is $1,000 and the proration is for a half month starting on 15 March then I understand the first option would have the tenant paying $1,500 on 15 March (half of March and all of April). The second option is not as clear to me. What do you people think? How about $1,000 on 15 March and $500 on 1 April? Then regular rent on the 1st of the month starting with May. Does that seem like a reasonable interpretation? Of course I think of this question on Friday night when the lawyers are off for the weekend.

 

[LdiJ]

I'm looking at the sample lease our state LL assn has drafted. Regarding a prorated first month's rent it says " The prorated rent from the commencement of this Rental Agreement to the first day of the following month is $_____, which amount shall be paid

___ at the execution of this Rental Agreement with the first month’s rent.

Or​

___ with the rent payment due for second month of this Rental Agreement "
There are check boxes for the LL to indicate which option he is requiring.

If rent is $1,000 and the proration is for a half month starting on 15 March then I understand the first option would have the tenant paying $1,500 on 15 March (half of March and all of April). The second option is not as clear to me. What do you people think? How about $1,000 on 15 March and $500 on 1 April? Then regular rent on the 1st of the month starting with May. Does that seem like a reasonable interpretation? Of course I think of this question on Friday night when the lawyers are off for the weekend.

It took reading it a couple of times but I think that I agree with you on the first option, and also agree that the second option is less clear. It really depends on how you define the first and the second month.

However, contract review is not something that we would normally do here, and you really need a local attorney to review the lease and advise you.

 

[adjusterjack]

As a former landlord I can tell you that the "intent" of Option 2 is $500 on Mar 15 and $1000 on Apr 1, not the other way around.

$1000 on Mar 15 would pay for a month through Apr 14 and you wouldn't need to make a payment on Apr 1.

If you aren't sure, ask the LL to clarify it in writing (before you sign the lease) and pay it the way he says. You'll avoid trouble by being up front about this kind of stuff.

 

[zddoodah]

What U.S. state are you in (your use of the "15 March" format suggests you might not be in the U.S.)?

The second option is not as clear to me. What do you people think?

I agree it is unclear.

How about $1,000 on 15 March and $500 on 1 April?

In my experience, that is typically how these things are handled.

Does that seem like a reasonable interpretation?

I don't think it makes any sense to try and interpret it in a vacuum. Since you're dealing with a sample or draft, ask the landlord what he/she/it thinks it means so there's no confusion.

 

[quincy]

What U.S. state are you in (your use of the "15 March" format suggests you might not be in the U.S.)?



I agree it is unclear.



In my experience, that is typically how these things are handled.



I don't think it makes any sense to try and interpret it in a vacuum. Since you're dealing with a sample or draft, ask the landlord what he/she/it thinks it means so there's no confusion.

Stephen1 has been a member of this forum since 2011. He lives in Washington.

 

[adjusterjack]

(your use of the "15 March" format suggests you might not be in the U.S.)?

It could also suggest that the OP has been in the US Armed Forces.

 

[Stephen1]

It could also suggest that the OP has been in the US Armed Forces.

U.S. Coast Guard - Semper Paratus

 

[PayrollHRGuy]

U.S. Coast Guard - Semper Paratus

Always Damp?







Just kidding, I know it is always ready. Thank you for your service.

 

[adjusterjack]

In the Army we travelled on our stomachs.

Semper Esurientem

Always Hungry



(Yes, I just made that up.)