What do I owe for rent- the full month or a partial month (the days I will actually occupy the apartment)?

Question

I will be moving in August from an apartment where I pay $700 per month for rent to one where the rent is $653 per month. When I move into the new place, my rent will be prorated so that I will actually pay only for the time I am residing in the apartment- from the 12th til the 31st, or $409.60 ($20.48 per day for 20 days).

My argument is with my landlord (I don't have a lease or rental agreement), who expects me to pay the full August rent of $700 before I leave for the new apartment. By my reasoning, I should pay $22.58 per day for the 11 days I live there, or $248.38.

I do not want to start a huge family feud, because my landlord is also my sister. If my reasoning is incorrect, I will happily pay up, but it seems insane to me that I should owe for time I'm not there.

Who's right?

Answer 1

Legally your correct, but, do you want to start a family feud over it, or a bad feelings with your landlord/sister right off?

I would suggest you both sit down and make a formal arrangement over it, sign the papers and all, make it legal. A family member is the worst person to get into a legal arraignment with, to much is taken for granted.

Answer 2

It sounds like you have a month-to-month contract. You may not be living there the last half of the month but that's your choice. You could have stayed to the end of the month and not paid at your new place.

No landlord I know of let's you leave in the middle of the month and not pay for the whole month.

And the answer that said you don't have to pay anything because you don't have a lease? Well, by that reasoning your landlord could have kicked you out without any notice. Would you have put up with that? I didn't think so which means you need to pay up.

Answer 3

You are a month to month tenant and should give 30 days notice. That usually starts on the first of each month. Legally it depends on the laws in your state. Most tenants want their rent to start on the first. If you move-it should be on the first. That gives your sister time to clean, paint, whatever so that she can rent the apartment without losing a lot of rent. Most tenants are looking around the third week of the month and rent that week or the next. So if you leave in the middle of the month your sister may lose quite a bit of rent which she is entitled to. I think your sister should give you a break but then I think you should take care of your sister. Maybe you can split the difference and stop the feud. The best thing I have learned is never rent to family or friends. It can be the end of a beautiful friendship. . .

Answer 4

You should pay only the protated amount to your current landlord if you are not breaking your lease. However if you are breaking a lease she can by law ask for the full month unless stated otherwise in the lease. Depending upon if there is a lease or not either one of you could be right.

Answer 5

Do you have a lease? If so, the lease should prevail.

If you don't have a lease, and you have given more than 30 days notice (which you have, if you're not moving until mid-August), then generally your position would be considered the more correct one.

That said, with family, 'correct' or 'right' doesn't always work. You know your family dynamics better than anyone. What do you think you should do?

Answer 6

No lease? Then hunny, you don't have to pay ANYTHING! Either she can take your offer of pro-rate, or she can get screwed with nothing!

Seriously, if your sister does well enough to be your landlord, what the hell is she trying to squeeze pennies out of YOU for? Some sister you have there.

Answer 7

It really depends on your lease. Most leases require that you give a 30 day notice and the last month of your lease is paid in full.

Answer 8

This is why the 30 day notice is so important when planing to move...
But this is your sister... I will have to agree with you...248.38
Good Luck