California law regarding pro rating rent if move in is after the first of month? : ezLandlordForms

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Tammy M

started a topic over 5 years ago

i have a new residential apartment lease that is based in California. the lease starts July 1 - I am currently doing some cleaning and remodeling and the unit wont be ready for the tenants to move in until July 5. Am I required by law to prorate the first month rent?

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Patricia S

said over 5 years ago

What I always do and property management companies do also, (not sure if it goes against any laws in CA) is if someone moves in i.e. Sept. 8th (no matter the reason) and it's a year lease, then at lease signing and move in, they will pay for Octobers rent (a full month) plus any deposits. Then on Oct. 1, they pay the prorated amount for September. No one gets to move in with only a partial months rent. They may move in then never pay again. Now it's never happened to me, but this is the reason property managers do this, and so do I.

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John P

said over 5 years ago

Seriously. Would you pay to stay somewhere while you couldn't use it? Do the right thing, prorate, and be glad they aren't demanding you pay for a hotel while you "clean" for a week.

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Rosa P

said over 5 years ago

If you signed a lease for tenant to move in and the unit is not ready because YOU aren't ready, then you need to prorate the tenant. Why wouldn't you prorate? They are paying for that month and its not their fault they can't move in. You can either prorate or start their lease from the day they move in and that is their rent due date from there forward. Done deal.

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Angela S

said over 5 years ago

While you are not obligated to do so, it is common the prorate the days not occupy'ed... the price of doing business and not having the unit ready for the tenant as promised which may cost them assuming they are not ready to move in til work is completed.

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Scott H

said over 5 years ago

I don't know if it's required by law in CA. What I don't understand is unless you are a lowlife dirt bag why you are even asking. You should automatically give them the prorate and you should apologize wholeheartedly for not having the property ready as agreed upon.