I moved in my apartment on the 5th of the month and signed lease agreement on the 5th. I was not pro-rated so I assumed my rent is due on the 5th of each month. The following month when the manager asked for rent on the 1st and told me it'd be late on the 3rd, I told him I moved in on the 5th and told him I thought if he wanted rent to be due on the 1st then shouldn't the first month be pro-rated? Then it would've made it so rent would be due the 1st of each month.

I haven't been able to get a direct answer to my question nor have I yet been pro-rated and reimbursed. Now I've been here for 9 months and I still keep asking the same question come the "1st" of each month and obviously I'm not getting an answer.
Am I generally right? AND IF SO... Is there a law that protects renters from a landlord waiving tenants rights (without permission or knowledge) to being pro-rated causing renter to pay more rent then required for the first month? Do I have a valid complaint and do they owe me some money back?
Which direction do I go on handling this issue?

Thank you for your time on giving me advice on this matter.

Marla L.

Have you tried to contact the "Tenants Union" in your area? Might give it a shot.

You moved in on the 5th but what date does your lease say it went into effect? Your lease not only tells you when it became your unit but exactly when the rent is due. Although not your question I would like to point out many folks think they can pay rent on the 5th day or even the 10th day before a penalty kicks in. The penalty can kick in after the "grace period" but legally you are in violation of the lease by being even one day later. A landlord could use that againist you and may even use it as a reason to evict so don't be late.

First ANY question on law needs to include your general locale as laws vary by area. Second, what does your lease say. Your lease should specify when rent is due and whether it should be prorated. What is likely is that this will be made up on the back end.

At least in all of my days when I rented and all of my years owning rental property, unless I told them ahead of time I was prorating anything if they moved in during the first week of a month they paid full rent and rent was due on the 1st like anyone else.

If it was prorated it would be asked for at the time they rented.

But no I don't see where the landlord is out of line at all. And if there was a written rental agreement or lease it spells out exactly when the rent is due and when it is late.