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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114753
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I rented a house 16 years ago. The house was not ready for

Customer Question

I rented a house 16 years ago. The house was not ready for us until the 5th of the month. The landlord anted a full months rent so the lease was from the 5th to the 5th of each month instead of the 1st to 1st. Realtors changed a few years ago. The new realtor has a new plan, he told me I have to pay my rent on the 1st to the 1st now. Also no correction on charges for the first 5 days that I already paid with the previous month check. Am I correct in wanted some money back or am I seeing this wrong? Don ***@******.***
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Do you still have a written lease or are you now a month to month tenant? When did they give you notice they were changing the payment due date?
Customer: replied 8 months ago.
Lease was up 15 years ago. A few months ago. I don't mind the date change. My point is I think a one time rent reduction of about $160 is due to me when I start paying on the 1st.
Expert:  Law Educator, Esq. replied 8 months ago.
Thank you for your reply.
If your traditional payment date was the 5th, the landlord had to give you at least 60 days notice as a month to month tenant with more than 12 months tenancy of any change to the terms of the lease. If they will not agree to the credit and did not give you the notice of payment date change and you have proof you have always paid on the 5th, then you have a right to sue them in small claims court for the penalty they are trying to charge you when they did not give you proper notice of the payment date change contrary to your regular payment date. That is your option.

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