Pro-Rated Rent Dispute

6 Replies

I purchased a pair of duplexes in January, and one of the tenants moved out yesterday, with her lease ending today. She did not send any rent for August, so when she asked if she was good to get the full deposit back I said that I would have to deduct the pro-rated rent for August, but otherwise things looked good. 

She says that last year, even though they moved in on the 11th, they paid the former landlord for the whole month of August, and therefore they should not pay any rent this August.

I have an estoppel agreement signed by the former landlord, the tenant, and myself, in January, saying there were no pre-payments associated with her lease.  I have suggested she contact the former landlord to work it out with him but she wants me to call her to "discuss it further".

Am I ok here? Is there anything I need to do to be protected? 

What is the start and end date on her lease? If the standing lease said as a start date August 12, 2016 it is a bit messy. If it said August 1, 2016 and you have an estoppel she has to take it up with the old landlord. However if the lease said the 11th I would have expected the due date for rent would be consistent with that and would have been an issue already.

Leases don't usually end on the 11th unless it started on the 11th, so what she says has some ring of truth. When was the rent due every month and when did she pay? 

look at the wording in the lease for the start and end date. Move in date is irrelevant if lease states specific dates. it should define end date was to when it changes to month to month.

Hello all,

Hopefully relevant but in a slightly different take. I have tenants who were on a year lease that converted into a month to month lease per the terms of the original lease. They gave a 30 day notice mid-way last month. They paid for this month. Am I obligated to terminate their lease 30 days from notice (and pay them back a prorated amount for the rest of the unused month) or am I entitled to the full rent for the current month?

Thanks.

@Cody Jackson

The lease is month to month,, starts on the 1st goes to last day of month.. 

They would be required to give you notice prior to the 1st of the month to vacate at the end of the upcoming month..

So notice on or about Aug 15th, would be proper notice for them,, to vacate Sept 30th,,  They dont' get to leave Sept 15th..they have to give a complete 30 day notice.. of course they can move,, but they would owe you the entire months rent for September.. And your entitled to full rent for September.

If you re rent after they vacate for any portion of the month of September, you would have to give them a credit / refund on the days you collected rent from the new incoming tenant for the days of September you collected.

You would send out your move out statement by date your state says must be done.. as per the date they turn in keys.. if you rerent,, you send out an adjusted statement with a check or adjustment showing the difference owed / refunded. 

Download your state landlord tenant laws,, it helps.