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Old 06-24-2009, 10:56 AM
5 posts, read 62,029 times
Reputation: 19


Hi everyone,

So I finally found an apartment and I signed the papework and got my key 6/17. My landlord is demanding that I pay for the whole month of June. But I think that my rent should be prorated since I wasn't there for most of the month. Do I have any recourse or is it up to the landlord? Thanks.
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Old 06-24-2009, 11:34 AM
12,120 posts, read 25,402,936 times
Reputation: 3710
Default good question

when i vacated my rental in a co-op bldg ( i was asked to leave because the landlord was selling the apts) i turned in the keys on the 12th of june

the landlord was holding 2 months rent as security. i didn't pay the june rent at all so i received back the one months security and the other months security was prorated

but my current lease i believe says the tenant cannot prorate unless the landlord makes other arrangements
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Old 06-24-2009, 11:37 AM
12,120 posts, read 25,402,936 times
Reputation: 3710
Default my new apt

lease began on 6/1 but my landlord gave me the keys right after i gave him the money and signed the lease which was a few days before 6/1
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Old 06-24-2009, 07:38 PM
Location: Brooklyn
40,058 posts, read 27,837,785 times
Reputation: 10380
I don't think the landlord has the right to ask you to pay for the whole month, if you've only been there since the 17th. But he or she certainly does have more than the usual quota of nerve! If it was me, I'd be checking in with the NYC Department of Housing.
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Old 06-25-2009, 12:38 PM
5 posts, read 62,029 times
Reputation: 19
Thanks for the advice, rl and fred!
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Old 06-25-2009, 07:36 PM
283 posts, read 932,046 times
Reputation: 99
No way you should have to, but did the lease you signed start on 6/1? If so, you may be out of luck at this point. Your landlord sounds like a winner, though.
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Old 06-27-2009, 10:26 AM
11 posts, read 103,863 times
Reputation: 16
I moved in middle of the month, and had to pay full months rent; but, the discount came on my 2nd month.

But i agree with above.. if your lease states June 1st, you might be SOL... you have to pay from when you had access to the apt, not when you actually move in.
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Old 09-03-2009, 06:57 AM
Location: Jacksonville, FL (Mandarin)
2,231 posts, read 4,646,338 times
Reputation: 1231
Old post, I see. But, one thing I do, as a property manager, is have the 1st rent payment be a full month's rent, regardless of what date the lease starts. Then, for the 2nd month, I charge the prorated amount from the "1st month". My reasoning is that it helps ensure the new tenant isn't just trying to get into a place for very little money with secret plans to not pay the first full month when it's due. That may sound paranoid, but I've seen it happen. Also, there are leasing fees, referral fees, lease preparation fees, and sometimes repair fees due on the property from being vacant, so with a full month of rent in hand, I am able to get those payments made sooner than later.
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Old 09-03-2009, 07:33 AM
Location: NY,NY
2,900 posts, read 7,663,694 times
Reputation: 1992
Just an exercise that some of you may or may not appreciate.

The OP actually has an interesting question. Of course, he doesn't provide ALL the facts, but with a little supposition, I believe the circumstances to be thus:

The Tenant (the OP) probably agreed to rent the apartment on or around 6/1. He probably tendered a deposit amount to hold the apartment.

The Tenant signed the lease, received the apartment key, and, I presume, moved in on or about 6/17.

Hence, the disagreement.

The LL accepted the deposit and has held the apartment for the tenant, beginning 6/1. So, is the Tenant responsible for rent for the period the apartment was being held, 6/1 to 6/17?

Understand, that if the LL did not reserve/hold the apartment for said Tenant, then LL could have and would have rented said apartment to another prospective tenant, on or about 6/1.

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Old 12-05-2010, 08:11 AM
1 posts, read 24,710 times
Reputation: 12
Hello, I currently found an apartment to move in the 15th of December, I had to pay 1/2 month deposit, a pro rate for the 15th until the 31st and also asked to pay for January 1st rent. Is this normal?
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