Landlord asking me to sign lease after starting date... Illegal???

[Anne C M]

You pay rent starting the day the apartment is made available to you.
Your landlord cannot expect you to pay for all of August when they were living in the apartment for half the month!
In my experience, most landlords will not prorate you on a day by day basis. Tenants either take possession on the 1st or the 15th, obviously paying a half month if it is the 15th.

When you move in is irrelevant. If I have a lease starting 9/1 but I'm moving in on the 3rd because I want to move on Saturday, I still have to pay for the whole month. It is the same principle.

IMHO it would be fair to-
1. Pay a half month for August and take possession (keys, they are 100% moved out) on the 15th.
2. Pay a prorated amount starting the day you take possession, NOT the day you move in.

To your question, under NO circumstances should you pay for the entire month of August. Someone else was living there for half the month! You tell them, politely but firmly, that the date you receive possession is the date you start paying. I am sure there is a paragraph in the lease stating that possession must be delivered on the lease start date.

No more verbal agreements or writing checks without a signed lease.

[Hollytree]

Generally rents are pro-rated on a 30 not a 31 day cycle in real estate.

[Anne C M]

One more thing-

Even if your lease was for August 1, you would still not be on the line for the entire month. It is the landlord's responsibility to deliver possession on the lease start date. You do not pay rent for days you did not have possession. Here is proper language.

Landlord shall deliver possession of the premises to tenant on the beginning date of the lease. If landlord is unable to deliver possession to tenant on such date, this lease shall remain in full force and effect except that monthly rent shall be abated pro rata until possession is delivered, unless tenant elects to maintain an action for possession of the premises or, upon written notice to landlord, elects to terminate this lease.

[ChiGuy2.5]

NEVER pay anything before the lease is signed and the apartment key is in your hands. It sounds like you weren't scammed on this one, I hope. But make sure never to do it again since it does leave you vulnerable. There are a lot of people who rent out apartments that are fake and/or phished from online.

As for the paying for a full month thing, definitely argue it. I don't see how the landlord can expect to not deliver the assets/keys on time and yet demand you pay a full months worth of rent. Although, I will say it's reasonable for him to expect a full months rent if he did deliver the lease and keys to you on time regardless of if you moved in or not.

[ChicagoMeO]

How can you sign a lease beginning August 1 and another person is living in there at that time? That does not sound fair to you. They should be out of their since that is your apartment beginning August 1. Its different if you began the rent begin date to be August 1 but you choose to move in a week later. There is also a law that says a landlord CANNOT take rent from more than tenant for the same month. Like they cannot charge a previous tenant who is moving out the month of August and also you who are moving in in August.

sounds weird and i have had to read your OP twice to understand what was happening. but you know that no one can take advantage of you unless you allow it.

[squishy506]

Find out when the latest they'll hold the apartment is, meaning how long from the date of approval does your lease have to start. Most places have a 15-30 day hold period. If you're not picking up keys until a certain date, you should be able to make your lease start that date and pay a prorated rent for that month. If they won't agree to that, walk.

[squishy506]

Originally Posted by Anne C M

To your question, under NO circumstances should you pay for the entire month of August. Someone else was living there for half the month!

If this is true, then the landlord is breaking the law. They're not allowed to take rent from two parties during the same period, so if someone's lease expires 8/31, the next party's lease has to start 9/1 at the earliest.