On the 9/19 - My tenant signed the month to month agreement and I handed him the keys. He gave me a deposit to hold the place and said he would come up with the rest of the money on the 9/23 of the month. When I pro-rated the invoice for the second month October) - I took the number of days to the end of September and and added the number of days into the month20th-30th = 10 days, first month = 30 days goes to the 20th of following month which has 31 days. I invoiced the tenant for the 11 days remaining in October.1. The tenant says that he owes me from the 23rd since that is when he paid me the remainder of the deposit and the first months rent and when he began to move his stuff in. I say he took possession of the place when I gave the tenant the keys. I do not want to get off on the wrong foot and make claims and start off with an uncertain authority that leaves a bad taste in my mouth. Suggestions?2. What is the normal way to pro-rate rent in the middle of the mont
State/Country relating to question: California
mr landlord - but 24-48 hours to get answer - is this any faster?
Hi there. This can go either way. It really depends on the date of the lease (i.e., the lease usually has a commencement day)...many times in a landlord/tenant situation the landlord will provide a key a few days early so that a tenant has an opportunity to phase in their move. You could probably hold him to the 20th if that's when you gave him the keys and that is the date of the lease, but if he actually didn't move in until the 23rd, you could give him "grace" and start of on the right foot. It probably can't amount to enough money to justify creating a bad relationship I wouldn't think.
I hope this has given you the guidance you were seeking. I wish you the best of luck!
The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.
and 2. what is the normal way to pro-rate the rent?
I am presuming you are trying to get on a calendar month schedule where the rent going forward will be due on the 1st. If so, you would take the number of days of occupancy in the partial month (8, if you decide on the 23rd, or 11, if you agree on the 20th) divided by the number of days in the partial month (30). Then, he would begin paying monthly rent Oct 1. Otherwise, he would just pay the rent every month on the same day (either the 20th or the 23rd, whichever you agree upon) and there would never need to be a proration...his month to month would just run from the 20th (or 23rd) of one month to the 19th (or the 22nd) of the following month.
Texas lawyer for 32 years; Also RE developer
yes.I ahve used this method before and other tenants have no trouble following along. This fellow says that he understood pro-rating differently - and - truthfully I know of only one otehr way to pro-rate the rent and that is on the 1st month when moving in. I was advised not to do it that way by other landlords. As for the discrepancy - I will offer to split the difference ans see how that flies.thanks - I appreciate the prompt responses.
Good luck to you! Have a great evening!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).