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cstudent · May 20, 2009, 10:42 AM

Ok... here's the situation. The apartment is in Charlotte, NC (Mecklenburg County). The complex is designed for college students. 4 bedroom apartments with each occupant having a separate yearly lease.

The lease started on the 17th of the month, but the landlord states that a full month must be paid on move-in and on the first of the month thereafter. There is no proration taking place.

My question is, "is that legal?"

this8384 · May 20, 2009, 11:15 AM

What date did you sign the lease on? Was the apartment available for occupancy on the 1st of the month? If the apartment was available but you chose not to move in until the 17th, then you have to pay the full month's rent. However, if the apartment wasn't ready until the 17th, then the landlord has to pro-rate rent for that month.

cstudent · May 20, 2009, 08:35 PM

No I could not move in until the 17th, but they still want a full months rent. The lease was signed a month in advance.

I thought landlords were required to prorate rent when dealing with year term leases if tenant's lease begins mid month. Anyone have any legal cites reference this matter?

Fr_Chuck · May 20, 2009, 08:39 PM

Hummm, if that is their rental terms then you had the option of not renting. I am not aware of any rule ( in the areas I live) that requires you to prorate anything.

If he offered you the home on the 1st, but ou did not or could not move in till the 17th I can see where he would start rent on 1st and leave you free to move in when you could.

this8384 · May 21, 2009, 06:28 AM

Originally Posted by cstudent

No I could not move in until the 17th

Right, but was that your doing or the landlord's doing? Was the apartment open and ready to be occupied, or were you waiting for the apartment to open up prior to moving in on the 17th?

cstudent · May 21, 2009, 06:32 AM

Lease began on the 17th. It was the landloards doing.

excon · May 21, 2009, 06:41 AM

Hello cs:

This isn't landlord/tenant law. It's CONTRACT law, and it makes perfect sense. You can't be charged for the time BEFORE you even entered into the lease... Why doesn't he charge you for the last seven months or ten months?? He's nuts.

Hopefully, you didn't move in... If you did, I'd move out, because who wants to rent from a landlord who makes up his own rules??

But, if you did, and you want to FIGHT, send him a certified letter telling him to sue you if he thinks you owe him money.

If he does, you'll win hands down.

excon

this8384 · May 21, 2009, 06:42 AM

If he didn't surrender the premises(give you the keys) to you until the 17th, then you certainly do NOT owe him for the first half of that month's rent.

ScottGem · May 21, 2009, 07:14 AM

Originally Posted by cstudent

but the landlord states that a full month must be paid on move-in and on the first of the month thereafter.

The question here is WHERE does the landlord say this? Because if it states this in the lease and you signed the lease, then you agreed to this provision. However, if it doesn't state this on anything that you signed, then he's full of hot air. He can't charge for a period before you were allowed occupancy.

this8384 · May 21, 2009, 07:18 AM

Originally Posted by ScottGem

Because if it states this in the lease and you signed the lease, then you agreed to this provision.

I would think it all depends on the state law. In my state, I can't have my tenant agree to something that conflicts with the law. So even if I were to put into the lease that my tenant can't sue me for anything ever and they sign it, it's still not binding.