The Landlord Protection Agency  
Main Menu, Landlord Protection Agency homepage Membership With The Landlord Protection Agency Free Landlord Services Member Services  

Tenant wants pro-rated rent - Landlord Forum thread 222807

Free Landlord Newsletter

Prospect Card

FREE BONUS Forms Disk for
2 -5 year LPA Members


Tenant wants pro-rated rent by Ohio Landlord (OH) on May 2, 2011 @03:11

I have a tenant that gave me a 30day notice to vacate end of May. At the time of the notice he mentioned if I would pro-rate the last month just for the days he would be there and I said "No" but if I find a tenant then I will refund back his money from the time I sign on a new tenant. I called him today to ask about getting with him on Monday to get the rent for May and he more less saying he wants me to charge him pro rated rent and I reminded him that I have never done that in the past until I get a new tenant signed on. I know that he will either not pay on Monday and then I have late fees to add until he is able to pay or he wont pay at all. What should I do? Should I not prorate the rent and seek judgment or pro rate it? He is a pastor of a large church and I could probably garnish his wages.
[ Reply ] [ Return to forum ]

Re: Tenant wants pro-rated rent by Anonymous on May 2, 2011 @04:32 [ Reply ]
I had a tenant try that. What happened was she wasn't going to pay at all..she figured I would take it from her deposit. I explained to her that she owed the rent..and that having an eviction on her record would be really bad for the future.

I served her with a 3 day notice. And, the day before court..she paid the full rent, late fee, and legal costs.

In New York, I can get a tenant out before the knew that she was going to be living a few days in the truck if she didn't pay it.

Re: Tenant wants pro-rated rent by Anonymous (CA) on May 2, 2011 @05:36 [ Reply ]
I'm reading the CA laws for rent payment and, y'know what? It's tricky. Frex, if you serve a 3-day notice and the tenant pays partial payment then you accept it, you can't file an eviction. Et cetera. Also, for CA, a landlord can only collect damages up to the day a new tenant moves in.

I'd stick to your position *but* ask that the pastor help find a tenant for you. Isn't he supposed to have connections with his own church to help people find housing and other services??

Re: Tenant wants pro-rated rent by Jack Klein (NY) on May 2, 2011 @06:59 [ Reply ]
This is not a daily rental. This is a monthly rental. If he wants to be there for any of May, he owes May's rent. If he wants to leave earlier, that is his perogative, the cheap bastard.
Re: Tenant wants pro-rated rent by Anonymous on May 2, 2011 @09:39 [ Reply ]
So he wants to pay pro rated rent. That means he would have to pay daily until he is out. He is planning on not paying you, and making you use the security deposit. If there is any cleaning or damages you won't have anything left to get from the security deposit. You need to serve 3 day pay or quit and explain to him that if he doesn't pay in full you will start eviction proceedings. Lots of people are willing to just let it slide since he says he will be out and not want to go through the hassle and money of eviction. This is what he is counting on, so he thinks he can get away with making you use security deposit for rent.
Re: Tenant wants pro-rated rent by Dizzy (Wonderland) on May 2, 2011 @09:45 [ Reply ]
just post a PorQ notice and explain to him when he calls that you will process to the fullest extent allowed by law
Re: Tenant wants pro-rated rent by Eric (MN) on May 2, 2011 @10:13 [ Reply ]
The last month in a rental is the most risky for a landlord. Tenants want to pay with the deposit, or want to prorate, or some do not even pay at all.

I am pretty flexible with most tenants, but not on the last month. This is one of the things the deposit is for. To cover damages from lost rent. If you did not get a large enough deposit, your bad.

Re: Tenant wants pro-rated rent by Amanda (FL) on May 2, 2011 @22:57 [ Reply ]
So it seems this is a custom for tenants... you're not alone. People these days have trouble honoring their word (in this case, their contracts). So, be nice... but don't be too nice to put yourself in the possition for the entire world to screw you over.

If I were you... Send him a written notice (via e-mail,if available, and certified mail) of how much he owes you for this month's rent, state how much it would be for late fees, and remind him when the full rent is due. This usually makes them realice that you are serious about getting your full month's rent, PLUS its an additional proof that no deal was reached with him to pay a pro-rated rent.

When the last day of grace period according to your contract comes up (mine says rent is fue on the 1st with a grace period of 5 days), if he still hasn't paid, get ready to give him a three (3) day notice to pay or leave... that usually makes them pay.

If that did not make him pay file an eviction.

I wonder if tenants do the same with their car or credit card payments... I bet they try their best not to, because they know they'll be screwed. Then I don't understand why it should be any different with the house payments. I say: Pay or leave brother... This is fair. Good luck!

HOWEVER, if you're this really nice person, and don't really need the money for rent (at least not very urgent)... you may consider helping him out. DO ask him for a copy of the new lease where he's moving to (just so you can rest asure that he WILL be leaving when he's telling you) or a statement saying he will be leaving when he says he'll be leaving... and pray everything goes well... if you do this, then this is what we call mercy. Good luck either way!

Log in

Rentals Available
Rentals Wanted
Realty Brokers
Landlord Articles
Tips & Advice
Tenant Histories

Other Areas
Q&A Forum
Free Forms
Essential Forms
Landlord Tenant Law
Join Now
Credit Reports
About Us
Site Help

Contact The LPA

© 2000-2018 The Landlord Protection Agency, Inc.

If you enjoy The LPA, Please
like us on Facebook The LPA on Facebook
Follow us on Twitter The LPA on Twitter
+1 us on Google