Is it legal to not prorate rent and force a tenant to pay full months if they did not reside in the apartment the whole time?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal to not prorate rent and force a tenant to pay full months if they did not reside in the apartment the whole time?
I am in a short term lease at an apartment complex that deems they do not prorate their lease. They are requiring I pay both the full month of the first month of my lease and the full month of the last month of my lease, both of which I moved in and moved out in the middle of the month. In my lease it does not say anything about the extra $100 I have been charged a month for the
Asked on July 2, 2018 under Real Estate Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
It is legal. Occupancy and possession is generally done by month for most rentals: if a tenant has a unit for half a month, they may as well have it for the whole month, since the landlord cannot rent it for a part month to someone else. The law allows the landlord to receive a full month's rent if you have possession for any part of the rent; many landords choose to pro rate, but they do not have to.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.