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Prorated rent Help! -- California (LA)

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  • Prorated rent Help! -- California (LA)

    Long story short. I'm wondering if California (LA) has laws on the books how to fairly prorate rent? I moved into an apartment June 7th (30 day month). I was owed 6 days prorated. I paid full rent in June and the building manager said I would get it back next month. Well, July has 31 days. He only prorated 5 days because of the extra day in July. I feel cheated.

  • #2
    re: Prorated rent Help! -- California (LA)

    I wish to inform you that Rent must be paid on a prorated basis up to the date that the termination takes effect. If rent or lease amounts have been paid in advance for the period following the effective date of termination, further landlord must refund these amounts within 30 days after the effective date.

    AFF

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    • #3
      re: Prorated rent Help! -- California (LA)

      Originally posted by Danmcgrt View Post
      Long story short. I'm wondering if california (LA) has laws on the books how to fairly prorate rent? I moved into an apartment June 7th (30 day month). I was owed 6 days prorated. I paid full rent in June and the building manger said I would get it back next month. Well, July has 31 days. He only prorated 5 days because of the extra day in July. I feel cheated.
      Most LLs prorate based upon a 30-day month, regardless of whether the month has 28, 29, 30, or 31 days. It's done that way to make it a standard so that there is no confusion for months in which there are more or less days in that month. There isn't any specific law that details the proper number of days to prorate.

      In your case, you moved in on day 7, which means your rent for June SHOULD have been prorated to 24 days of a 30-day month. That ALSO means you should be getting a 6-day credit for July, NOT 5 days.
      "If it ain't in writing, it never happened."
      "A lack of planning on your part does not constitute an emergency on my part."
      "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

      Comment


      • #4
        Re: Prorated rent Help! -- California (LA)

        Originally posted by Danmcgrt View Post
        Long story short. I'm wondering if California (LA) has laws on the books how to fairly prorate rent? I moved into an apartment June 7th (30 day month). I was owed 6 days prorated. I paid full rent in June and the building manager said I would get it back next month. Well, July has 31 days. He only prorated 5 days because of the extra day in July. I feel cheated.
        Rent is prorated on a 30-day month.

        Comment


        • #5
          Re: Prorated rent Help! -- California (LA)

          Thanks for the replies. I've tried to work with my building manger. Just seems they want to play with the numbers until they get every last cent out of me. I asked to speak with the front office and here is the response I received "The amount due for July is $2,260.25. This sum was calculated by taking the monthly rent of $2,750.00 and multiplying it by 12 for a total of $33,000.00 per year. Then dividing that sum by 365 (# of days in the year) for a per diem of $90.41. As the first rent payment was for the period June 7th through July 6th, the prorated rent due for July is for the period July 7th through July 31 (25 days). 25 days times $90.41 = $2,260.25."

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          • #6
            Re: Prorated rent Help! -- California (LA)

            Since they are using a 365 day formula, it appears, absent a contract provision to the contrary and assuming it is a method consistently applied, it is legal.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment


            • #7
              Re: Prorated rent Help! -- California (LA)

              My problem is they told me my prorated month would reflect the days I was not living in the unit. Which is 6 days. By using their July 31 day prorated formula, I lose a prorated day. That does not reflect the days I didn’t live in the unit. It’s not like July would be higher rent for me because it has 31 days. My rent stays the same. But they use the July 31 day formula to cut off a day of prorated rent. I’m sure they would not use a February 28 day formula if I moved into the unit on January 7th. That would seem unfair to them and I would agree. They would go back and say “ January has 31 days… you moved in January…So we are prorating you off of a 31 day formula”. They pick and choose whichever month is in their favor. I’m sure they do this to a ton of people to maximize their profits at the Tents expense. It seems illegal. Small amount of money for me, but it’s the principle. Somebody has to stand up to these criminals. I’m going to head over to the front office today. Probably won’t work, but at least I can say I tried. Thanks for the replies and info.
              Dan

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              • #8
                Re: Prorated rent Help! -- California (LA)

                Ask them if they would have applied the same formula during a 28 day Feb. losing money.
                Due to a recent promotion, I should now be referred to as Major Obvious.

                I would not be trying to provide information and knowledge if I did not sympathize.

                Some days it is just not worth chewing through the restraints to face life.

                Comment


                • #9
                  Re: Prorated rent Help! -- California (LA)

                  Originally posted by Disagreeable View Post
                  Ask them if they would have applied the same formula during a 28 day Feb. losing money.
                  I've recently experienced the same thing. Let's just put it this way, if it allows them to take more money from you, it is implemented.

                  Every system is set up to take something for nothing from YOU.

                  My response? okay, I'll take as much value from them as I can, in return. They steal from me, then I will take equal value back even if I have to carelessly damage something. In short, I'm sick of being ripped off. Aren't most middle-class americans?

                  If you're not, then you're not paying attention.

                  Comment


                  • #10
                    Re: Prorated rent Help! -- California (LA)

                    Originally posted by Danmcgrt View Post
                    Long story short. I'm wondering if California (LA) has laws on the books how to fairly prorate rent? I moved into an apartment June 7th (30 day month). I was owed 6 days prorated. I paid full rent in June and the building manager said I would get it back next month. Well, July has 31 days. He only prorated 5 days because of the extra day in July. I feel cheated.
                    When rent is pro rated, a 30-day month is used. That is the custom in the industry.

                    Comment


                    • #11
                      Re: Prorated rent Help! -- California (LA)

                      " They steal from me, then I will take equal value back even if I have to carelessly damage something. "

                      A rather stupid response if one has provided a security deposit since the value of the damaged item will simply be kept from the deposit after move out.

                      Gail

                      Comment


                      • #12
                        Re: Prorated rent Help! -- California (LA)

                        if leasing office sent a prorated rent which i paid on time. than days after payment leasing office calls asking why i paid a partial that they need the full rent. what rights do i have?

                        Comment

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