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Old 05-23-2012, 03:53 PM
 
1 posts, read 38,200 times
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Hi, everyone, I'm a first time renter (little experience with these matters), and I signed a lease last year that is just now nearing its end. The lease is dated from June 1 of 2011 (last year) until the 25th of May, 2012.

Unfortunately, I was under the assumption that my lease would run until the end of the month, so on May 1st, I paid my landlord the full month's rent. So, my question is: Shouldn't I only have to pay a partial, prorated rent for the month?

I haven't had any problems with my landlord and he's been a nice guy throughout the past year. But I'm wondering if I should get some of the money back that I paid to him as a full month's rent at the beginning of the month. Anyone with experience in these types of problems have any advice/knowledge on this subject?
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Old 05-23-2012, 03:58 PM
 
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Read the lease, A May 25th date sounds like its based on each 12 30 day period (common in some leases in some parts of the country).
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Old 05-23-2012, 04:14 PM
 
Location: St Thomas, US Virgin Islands
24,671 posts, read 64,694,168 times
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It would be unusual but not illegal to have a lease which runs from June 1st to May 25th as rent is paid monthly and lease terms reflect such whether the lease runs from anyday of month 2011 to anyday one year hence. Under normal circumstances your annual lease started on June 1 2011 and your rent has been due and payable on the first of every month and the end date of the lease would normally be May 31 2012.

More than likely it was a calculated move (and a perfectly legal one) on your LL's part so that if you didn't renew your lease he would have a few days to get it into shape for re-renting. It was a lease stipulation which you contractually agreed to so the bottom line is that, no, you don't get the monthly rent pro-rated. Sounds like a smart LL and I'm glad he's been a good one! If you haven't been bothered by showings of the unit then consider yourself lucky but, next time around, carefully read your lease and understand every little clause (along with your state's landlord tenant laws) before signing on the dotted line. Good luck!
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Old 05-23-2012, 04:14 PM
 
Location: The Triad (NC)
31,801 posts, read 72,810,270 times
Reputation: 38552
Quote:
Originally Posted by thenest953 View Post
The lease is dated from June 1 of 2011 (last year) until the 25th of May, 2012.
Unfortunately, I was under the assumption that...
Oops.

The landlord has deliberately made it easy for themselves to clean and prep that unit so it can be reoccupied on the 1st and accommodate the far too common situation of a tenant needing "a couple extra days" to pack up and clean.

In short... your lease specifies that the last month is a few days short of a full month and you agreed to these terms.
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Old 05-23-2012, 06:28 PM
 
4,399 posts, read 9,903,488 times
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Quote:
Originally Posted by thenest953 View Post
Hi, everyone, I'm a first time renter (little experience with these matters), and I signed a lease last year that is just now nearing its end. The lease is dated from June 1 of 2011 (last year) until the 25th of May, 2012.

Unfortunately, I was under the assumption that my lease would run until the end of the month, so on May 1st, I paid my landlord the full month's rent. So, my question is: Shouldn't I only have to pay a partial, prorated rent for the month?

I haven't had any problems with my landlord and he's been a nice guy throughout the past year. But I'm wondering if I should get some of the money back that I paid to him as a full month's rent at the beginning of the month. Anyone with experience in these types of problems have any advice/knowledge on this subject?
You are correct. You paid for a few extra days. You should get it back. If the lease states that the rent amount is $xxx per month then you should get it back.
I would ask the landlord about it nicely and see what he says. Maybe it was a misunderstanding. If he doesn't give it back it looks like your positive opinion of him was misplaced then you have decide if you are willing to go through the trouble of suing.
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Old 05-23-2012, 06:40 PM
 
Location: The Triad (NC)
31,801 posts, read 72,810,270 times
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Quote:
Originally Posted by jdm2008 View Post
You are correct. You paid for a few extra days. You should get it back.
Oooh! Maybe he can get a rebate for the other shorter day months too?
No... he is not correct and neither are you.

Quote:
If the lease states that the rent amount is $xxx per month then you should get it back.
Unless the tenant is renting BY THE MONTH...
an annual lease is $X per year divided into 12 equal payments.

But reagradless of how you or the OP feels about any of this or however the judge in that district might rule if it ever got to Court the time to have brought this up and sorted it out was way way back at the beginning of the lease term... NOT three days before the end of it.
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Old 05-23-2012, 07:11 PM
 
4,399 posts, read 9,903,488 times
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Quote:
Originally Posted by MrRational View Post
Oooh! Maybe he can get a rebate for the other shorter day months too?
No... he is not correct and neither are you.


Unless the tenant is renting BY THE MONTH...
an annual lease is $X per year divided into 12 equal payments.

But reagradless of how you or the OP feels about any of this or however the judge in that district might rule if it ever got to Court the time to have brought this up and sorted it out was way way back at the beginning of the lease term... NOT three days before the end of it.
What do you think month means when someone says this month I assume you think May first to the 23? No sorry xxx per month is the rate for the full month. Almost all leases are written as the rent is "xxx" per month for a specified period of time.
The time to bring it up in court is on or before the time limit is to sue someone after a disputed transaction. In all jurisdictions this is several years.
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Old 05-23-2012, 07:29 PM
 
Location: The Triad (NC)
31,801 posts, read 72,810,270 times
Reputation: 38552
One more time: unless the tenancy is month to month...
the monthly rental payment is 1/12th of the total contract obligation.

Quote:
Originally Posted by jdm2008 View Post
Almost all leases are written as the rent(al payment) is "xxx" per month for a specified period of time.
Don't confuse not wanting to scare a tenant by specifically stating they have just signed a $12,000 obligation and using what amounts to a short hand expression of the $1000 per month obligation... you can be sure that the case law in your State also shows the annual contract amount /12 reality.

If you have any more doubt look into what happens from the other end if the tenant wants to get out of that annual contracted obligation early.
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Old 05-23-2012, 07:37 PM
 
403 posts, read 801,052 times
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Unless you gave a 30 day advance notice of moving then after that date you are a month to month renter & can move anytime you want (after 30 day notice to vacate).

Benefit of lease - no raise in rent for period of lease.
Benefit of no lease - can move anytime you want with vacate notice.

Con of lease - cant move without penalty or being responsible for paying until end of lease.
Con of no lease - rent can be raised anytime, any amount at any frequency.

If you don't intend to move at end of lease just pay your rent as you always have. If you don't plan to move soon, renegotiate a new lease.
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Old 05-24-2012, 10:14 AM
 
Location: Boise, ID
8,047 posts, read 26,422,319 times
Reputation: 9396
Interesting discussion.
Here is my opinion.

If the tenant has to move out prior to the end of the month AT THEIR choice, they pay full rent for the month.

If the tenant has to move out prior to the end of the month AT THE LANDLORD'S choice, they pay a prorated amount for the month.
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