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Old 06-02-2010, 08:28 AM
 
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Let's say you have a contract with your landlord that ends before the month ends (and it's stipulated in the contract) but since you pay in advance, you pay the whole month. When the contract ends, does the landlord give you back the money that corresponds to you?
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Old 06-02-2010, 08:42 AM
 
Location: St Thomas, US Virgin Islands
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Rather an incomprehensible post but I'll give it a whirl.

Rent is always paid in advance. If your rent for June is paid by May 31st, for instance, you have paid for the month of June. If at the same time as paying your June's rent by May 31 you give one month's notice effective July 1st, you can move out any time during June. No, the LL does not give you back rent if you move out before June 30th. You can move out on June 1st but it makes no difference.
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Old 06-02-2010, 09:13 AM
 
Location: Fuquay Varina
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If your lease expires before the end of the month why would you prepay the whole month and expect money back?

Most Leases are pro-rated for partial months. Lets say your rent is 1200 per month. your lease expires june 18. June has 30 days. You divide 1200 by 30 and you get 40.00 per day is what your rent is. Then take 40 and multiply it by the amount of days in the month you are paying for, in this case 18. 40x18 = 720. Your pro-rated rent for june would be 720.00. You should check your lease for any reference to pro-rated rest, and also confirm with your Landlord to verify there are no issues as well.
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Old 06-02-2010, 09:46 AM
 
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to STT, why would I have to give a month notice if it's already stipulated in the contract that it's effective till a certain date? I was just wondering if I had to pay the whole month since I'll only be using it 2 weeks.

SVT, no I don't think my lease is pro-rated for partial months.

Oh well, I guess I'll have to pay the whole month. Thanks for answering.
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Old 06-02-2010, 10:08 AM
 
Location: Boise, ID
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If your contract expires June 15th and you let the landlord know that you will, in fact, be moving at that date, then you would only pay for those 15 days, not for the whole month.

If you already paid for the whole month, first, why did you do that? And second, they should owe you the difference back when you move out.

The one thing to be aware of is what your lease and state law say about notice. Our lease says that we assume you are staying unless you give notice. Some leases even auto renew for the original period (6 months or a year or whatever) if you don't give notice. So your lease may be through June 15th, but we would assume if we didn't hear from you that you are staying, especially if you paid rent for the whole month.

So if you didn't give the LL notice that you are moving at the end of your lease, you may be liable for the whole month, or more. Or, depending on what your lease (and state law) says, the LL may do the opposite, and assume you are moving if you don't renew, in which case, you are only liable through the 15th.

By paying the whole month (if you already did that, I'm not sure from your post), you have made an implication that you are staying, so I would have conversation with the LL about this right away, to make sure they know you are moving.
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Old 06-02-2010, 10:12 AM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by lilamx View Post
to STT, why would I have to give a month notice if it's already stipulated in the contract that it's effective till a certain date? I was just wondering if I had to pay the whole month since I'll only be using it 2 weeks.

SVT, no I don't think my lease is pro-rated for partial months.

Oh well, I guess I'll have to pay the whole month. Thanks for answering.
I remain confused. Do you have a lease agreement for a certain term (1-2 years or whatever) or do you have an agreement based on a month to month tenancy? It really makes no difference either way.

Let's say your lease is for a year or more. If you want to renew the lease AFTER the term of the lease expires there should be a stipulation in the agreement as to how much notice you're required to give the LL. If you don't advise the LL of your desire to extend or re-negotiate the lease then you must quit the leased premises at the end of the lease period. Again, if you move weeks or days PRIOR to the end of the tenancy you don't get any refund for paying the last month's rent because you contractually agreed to lease the premises for a certain period and you have to abide by the contract.

A month to month falls under the same guidelines. You give a month's notice to quit the premises and if you move out before that month is up you don't get a refund if you happen to move out a couple of weeks early.

Most leases don't include any clause relevant to pro-rated partial months, Both LL and tenant are protected by the lease agreement unless any clause in the agreement is superseded by state law.

Hope that explains!
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Old 06-02-2010, 10:44 AM
 
Location: Boise, ID
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Quote:
Originally Posted by STT Resident View Post
I remain confused. Do you have a lease agreement for a certain term (1-2 years or whatever) or do you have an agreement based on a month to month tenancy? It really makes no difference either way.

Most leases don't include any clause relevant to pro-rated partial months, Both LL and tenant are protected by the lease agreement unless any clause in the agreement is superseded by state law.

Hope that explains!
I think what they are saying is that their lease is through June 15th (maybe it was a year lease from June 15th to June 15th), but rent is due on the 1st of the month. So they probably paid a prorated 2 weeks at the beginning and then paid on the 1st of each month, so they would pay a prorated 2 weeks at move out.
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Old 06-02-2010, 12:19 PM
 
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I don't want to renew my lease, I just want to know if the landlord is required to pay me the difference in amount of money. Let me try to explain better. I'm a student and this is the first time I'm renting- I'm studying abroad- so I'm not very familiar with the lease laws and that type of stuff. This is why I'm confused. I'm renting a room in an apartment on a month-to-month basis, I entered the 13th of February and therefore pay the 13th of every month. My contract ends on the 1st of July, which means I have to pay a full month's rent when I'm really only staying 2 weeks (from 13th of June to 1st of July).

So what can I do in this case, if anything? I haven't paid next month's rent as it's due on the 13th.
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Old 06-02-2010, 12:28 PM
 
Location: St Thomas, US Virgin Islands
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Quote:
Originally Posted by Lacerta View Post
I think what they are saying is that their lease is through June 15th (maybe it was a year lease from June 15th to June 15th), but rent is due on the 1st of the month. So they probably paid a prorated 2 weeks at the beginning and then paid on the 1st of each month, so they would pay a prorated 2 weeks at move out.
I have no clue what the OP is saying. Maybe the lease is from the 15th to the 14th or the 2nd to the 1st or the 19th to the 18th but the OP mentioned no month (from where did you extrapolate June which I only used in my response as a reference?) and no day so one can only generalize in response to his question based on the fact that the majority of leases go from the 1st. Again, though, it makes no difference. Notice is notice is notice as agreed upon by the parties signing a contractual agreement.

I feel a major headache coming on and an urge to knock my head against a solid wall ...
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Old 06-02-2010, 12:48 PM
 
Location: Boise, ID
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Quote:
Originally Posted by STT Resident View Post
(from where did you extrapolate June which I only used in my response as a reference?)
lol, whoops, in my first post, I used June 15th as an example, and then when I saw that the OP said they would be using 2 weeks worth, and since June is the likely month in question, I extrapolated and confused myself.

Quote:
Originally Posted by lilamx View Post
I don't want to renew my lease, I just want to know if the landlord is required to pay me the difference in amount of money. Let me try to explain better. I'm a student and this is the first time I'm renting- I'm studying abroad- so I'm not very familiar with the lease laws and that type of stuff. This is why I'm confused. I'm renting a room in an apartment on a month-to-month basis, I entered the 13th of February and therefore pay the 13th of every month. My contract ends on the 1st of July, which means I have to pay a full month's rent when I'm really only staying 2 weeks (from 13th of June to 1st of July).

So what can I do in this case, if anything? I haven't paid next month's rent as it's due on the 13th.
The point I was making was that by not giving notice, you may be agreeing to a renewal if that is what your lease or state law says. If you didn't give me notice, per my lease terms and state law, I would assume you were staying on as a month to month tenant.

When you say you are studying abroad, are you currently in the US or elsewhere? Because the people on these boards are going to tell you how things are done in the US. Local laws in other countries can be SUBSTANTIALLY different, and any advice you get here would be worthless.

Assuming you are in the US, if your lease renewal date is on the 13th of the month and your lease is up on the 1st of July, you (in theory) should pay 19 days of rent (from the 13th to the 1st, inclusive) Since June is a 30 day month, you divide your rent by 30 and then multiply the answer by 19.

This should have been dealt with in your lease, so I would refer to that to see if that is how it is handled there, or if it says something different. If it doesn't address it, I would contact your LL and ask them. You should do that anyway, to make sure they know you are moving.
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