half off 1st month's rent?

Question

My landlord advertised "half off 1st month's rent".  When signing the lease, I didn't read everything carefully.  Rent is $750.  We moved in on the 7th of April, paid $375 rent, got a credit for $375.  I talked to the landlord on May 5th about where/how to pay rent on the 7th (renting a duplex).  He mentioned that in the lease, it says rent is due on the 1st.  So, I wrote him a check for $750 since it was going to be the 7th before he got it.

Later, I realized if I pay the full $750 on the first of June, I'm getting screwed out of about $150 (six days prorated).  So he owes us $150 I'm thinking.

Today he said the first month should have been prorated.  April 7th rent should have been 24 days (about $600) - half ($300) for a total of $300.  I paid $375, so they owe me $75.  I agreed that was okay.

After thinking about it, I'm thinking they owe me another $75.    The move-in special was "half off the first month's rent" not half off the first 3 weeks.  I shouldn't be penalized $75 just because they want to be paid on the 1st of the month.

Does anyone out there in cyberland understand what I'm saying? If so, what is your opinion? I feel that I'm right, but I'm hesitating about making a big deal over $75. The problem is, I'm really detail oriented and my wife and I are unemployed. I'd like another opinion.

Michael Gier · Answer

When you don' t have money $75 is a lot. But it really usually isn't worth the effort and stress. It's better to try and let it go and next time look at everything in detail and agree before moving in.

Adam Anderson · Answer

I think the important thing to learn from this is to understand what you are signing and agreeing to before you sign. Read and understand before you sign.

I had to spend a monthâ€™s worth of rent because I didn't pay attention to what I signed. I found a place that would rent to me for 5 months while I was doing an internship while in school. I thought it was clear that I was only renting the place for 5 months because that was what I stated when I rented the place, and I was going back to school. Well I failed to see where I was supposed to give written notice a month before I left. It had an item in it that the lease would go to a month to month at the end. My last month they call me and ask if I was my intentions were and basically I was on the hook for another monthâ€™s rent.

Unfortunately you have a bit of a litigious mindset when it comes to renting and leasing. You can't assume that the person you are renting from is going to be completely honest with you. You need to make sure that you abide by what you agree to otherwise it can cost you.

Joe Mamma · Answer

This is fun.  
          
          Yes, you're right, I agreed to accepting $75 as a result of an overcharge in my rent.  However, I agreed because that was my understanding of what was fair during a phone conversation.  I didn't have time to really think about what was being presented.  
          
          Since then I have realized that it was not fair.  Just because I agreed doesn't mean I have to let it go.  There's no law that says I can't approach my landlord with my new understanding of what has taken place and ask that the agreement be amended to fairly resolve the matter.  The only reason I balked initially is the possible aggravation and ill will that could be created by arguing the details of something minor like this over the phone.  After contemplating this the past couple of days, I think I'll just send them an email stating my position and see what happens.

Ralph S. · Answer

You missed the important part, Joe.  It was my quote of what you said, just before my part about moving on.

You accepted, and said it was OK.

As far as I'm concerned, case closed when you and your landlord came to an agreement.

Joe Mamma · Answer

Thank you very much Jon.

OH SNAP!!  Take that Mr. "get over it and move on".   :mrgreen:  :lol:  :D

Jon Holdman · Answer

I would agree with you that "half off first month's rent" and a $750 rent would surely imply you get a $375 discount.  Since you moved in after the first, you own less than a fully month's rent.  Had it been me, I would have figured it as the 7th through the 30th of April, and calculated April's rent at $600.  So, rent for April and may would have totaled $1350, less the $375 credit and you would have owed $975.  I would have had you pay a full month's rent, $750, at move in, and then the remaining $225 on the first of May.

All that said, I have no idea what the ad said or what discussion the two of you had.

Josh Green · Answer

hahaha, joe joe joe....

i would have expected $375 as well, i'm just playing the devils advocate.... ;-) gotta see both sides.

Joe Mamma · Answer

I''m sure you're aware that 365 days divided by 12 = 30.4.  I'm just averaging.  The point is, a month is not 24 days.   You're acting like you don't see my point.  It's okay to admit it.  It's not going to cost you a cent.  ;-)

Ralph S. · Answer

Well, you asked for an opinion, we responded.  Seems you still want to argue your point.

You said OK.  Get over it and move on.

Joe Mamma · Answer

A month is a month.  The ad didn't say "half off first month's rent prorated to the 1st of the following month.  It should be 30 days.  I shouldn't be penalized in any way because the landlord decides he wants to be paid on the 1st.  That's a date he arbitrarily chose.  He could pick any day.

Let me use an extreme example to illustrate my point.  I move in on the 7th.  The landlord decides he wants to be paid on the 8th and puts that in the lease.  So that means MY first month's rent is $25.  I get half off MY first month which is $12.50 instead of $375 off a full month's rent.  Is that fair?  It's the same principle.  I'd have to pay $362.50 more rent because he picked the 8th to collect rent.  We're standing there with our life in the back of a U-Haul that we just drove across the United States.  What are we supposed to do, drive around and look for a better deal?

How is our being unemployed a factor every single month we're here?  I have money in the bank to pay the rent.