For example, (hypothetically of course, haha), if you had an apartment in Pennsylvania and you had to pay a full month's rent for August, but you weren't allowed to move in until the 18th? Is there a law saying you only have to pay for the days you can live there?
2007-08-07 05:40:47 · 7 answers · asked by Ellie 1 in Business & Finance ➔ Renting & Real Estate
The landlord can require you to pay for an entire month even if you are not going to live there the entire month, but the landlord cannot make you pay for an entire month if you cannot take possession of the apartment until the 18th. Along the same lines, a landlord cannot charge rent to two tenants for the same apartment at the same time.
For example, if a student is moving out 8/17 and you want to move in on 8/18, the landlord cannot make you pay for the time that the other tenant is occupying the apartment. When you enter into a lease, the landlord is agreeing to supply you with an adequate living space for a specific period of time. The landlord cannot charge you for days that he has made the apartment unavailable to you.
On the other hand, there are ways that landlords can get around this. They can charge move in fees, or non-refundable deposits that are equivalent to a full months rent. These things are completely legal if you agree to them, but they have to be spelled out in the lease.
Universities typically have housing offices that will help you to understand what is legal and what is not. In addition, you can contact the Housing Authority in your county and ask them to help to clarify the laws. Get a copy of the lease in advance and contact one of these agencies. Good luck!
2007-08-07 05:57:10 · answer #1 · answered by Tunsa 6 · 0⤊ 1⤋
Don't know about PA specifically, but most states require that you only pay for days in which the landlord allows you to live there. If they won't let you move in until the 18th, then yes, they should pro-rate your rent so that you only pay for the 18th until the end of the month. Additionally, most apartment leases will say the same thing. Also if the landlord makes you leave to do something during the month, like repaint or put in new carpet, they usually can't make you pay for those days. My lease even says that if I have to move out because the local authorities say so (such as a gas leak, water contamination, hostage standoff whatever) that I am not required to pay for those days either. But in most cases it just depends on what is written in the lease or agreed upon with the landlord ahead of time.
2007-08-07 05:50:11 · answer #2 · answered by tushanna_m 4 · 0⤊ 0⤋
Can't speak for Pennsylvania, but in every other state I have lived in (Alabama, California, Colorado, Georgia, Michigan, and Texas) the landlords have always pro-rated the rent based on the move-in date. I wouldn't sign a lease if the landlord said I had to pay for a full month but couldn't move in on the first of the month.
2007-08-07 05:47:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋
There are two ways to handle that:
1. You pay a full month in advance and subsequent months run from the 18th to the 17th of the following month. Rents will be due on the 18th of every month.
2. You pay a pro-rata share for August (18/31) and then start paying full months on September 1st.
It's up to you and the LL to negotiate which way you wish to go.
2007-08-07 05:46:25 · answer #4 · answered by Bostonian In MO 7 · 0⤊ 1⤋
I am unsure of the laws in PA, however, I the state of Illinois, you are only required to pay for the days you were residing in the apartment. IE 18-31= 13 days. IE if your rent is $1000 a month that would be $33.33 a day. $33.33 x 13 = $430.69.
If you paid for the additional 18 days, they would be credited on your September rent. HOWEVER, this only applies when moving INTO a property not when moving OUT of one.
2007-08-07 05:47:54 · answer #5 · answered by NICA 2 · 0⤊ 0⤋
Illegal? No, not exactly, it mostly depends on the lease agreement that you sign. That should be included in it and if not ask before signing. If the landlord is telling you that that is what he wants before hand, he has every right to.
2007-08-07 05:47:45 · answer #6 · answered by CAT3172 2 · 0⤊ 0⤋
There isn't a law, because all rental is negotiable....a better question is...why would you agree to that?
I would require the landlord to pro-rate it or he could find himself another tenant....and that is a VALID reason for breaking a lease if you already signed one.
He can't double-dip.
2007-08-07 06:21:09 · answer #7 · answered by Expert8675309 7 · 0⤊ 0⤋