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Pro rate? by Kris (Scottsdale Arizona) on January 31, 2018 @12:37


I'm currently renting a condo at Scottsdale Arizona. Here is my situation -- we're renting a condo that's managed by RE/Max Infinity. On our contract it states that it's a 6 month lease but we had it specified in the addendum that we can leave after 90 days of stay provided that we give a 30 day notice. We started here Novermber 10, 2017 and our 90 day should be around February 10, 2018. We gave our noticed twice - Dec. 26, 2017 and January 5, 2018. Included in my email notice was inquiring about the pro rated February rent. I didn't get a response. I tried to follow up after two weeks and still didn't get a response. I finally got a response today stating that I have to pay the whole month of February because in their policy, only move in can be pro rated but not move out. I should have given my notice 1/1 and should have scheduled our house closing date on 2/1 in order to avoid paying for February. I was really planning to give my notice on 1/1 and out by 2/1 but since moving out on 2/1 is technically less than 90 days, so I won't satisfy the statement on the addendum.

So if their policy states that they don't pro rate the move outs but it stated on the addendum that we can leave after 90 days provided we give a 30 day notice WITHOUT penalties, would the addendum take precedence over their policy? Are there any other options to only pay for the pro-rated amount?

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Re: Pro rate? by Garry (Iowa) on January 31, 2018 @13:44 [ Reply ]
This is the way most landlords do it. (I do it that way, too) The 1st month is prorated if the tenants want to move in on some odd date in the middle of the month. After that, rents are due the 1st of every month, and all notices (30,60,90 days) all go from the 1st to the 1st. The easiest thing for you to do, is bite the bullet, pay Feb. rent today or tomorrow, and know you have the whole month of Feb to take your time moving out, and doing some heavy cleaning the last 2 weeks of Feb. to be able to get your full deposit back. Then remember to personally give them the keys back, and a forwarding address on Feb. 28. Try to do a walk through of your condo with the LL the last week of Feb. to see if there is anything else they want cleaned or repaired before you return the keys.

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