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what do you think is fair?

LL leaves day after tomorrow, so we sat down tonight to do the "check out" for the apartment. We aren't actually moving out until May 15th, but he won't be returning before then and we will hand the keys over directly to the next tenant, who will move in that day. I thought that would mean our rent was prorated for May, but LL told new tenant not to pay until June 1, expecting that we would pay all of May. As it turns out, we will absolutely not be able to close on our house before May 15th, so we are looking for temporary solutions for the time in between.

We need housing until the end of May. He expected us to pay through the end of May but not live here. I told him we'd like to either stay until the end of May, or prorate the rent. He acted kind of hurt that I would ask that, cited typical lease agreements (i.e. tenants pay through the end of the month, even if they move out before then, which I understand, but we've never done things the typical way) and said that I could do whatever I felt comfortable with because he doesn't want to hurt our family relationship with money issues and now I feel really guilty for even bringing it up.

So what would you do? Pay the full month and move out May 15th, pay half the month's rent, compromise and pay 3/4 month's rent?

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Re: what do you think is fair?

  • Pay 1/2 the month, the new tenant should pay the other half.

    If the LL told the other tenant to move in May 15 but not pay for that 1/2 of the month, that's on him. 

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  • I've always had lease agreements prorated when our tenancy wasn't a full month. I would not pay for time I wasn't staying there, especially since now you need somewhere else to go. 
  • If I were you, I'd ask him to prorate until the 15th.  If no go, then stay until end of may
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  • What kind of lease agreement do you have? In CA, if you give 30 days notice, as long as you are not breaking your lease early, you pay up until the day you move out. Why would you pay rent on a home you don't live in? 
  • I've never had a lease where I had to pay the full amount and not have the right to live there. I call bollocks. 

    Judge Judy would agree.

    However, I've never had anything prorated either because our LLs said that they couldn't rent out the apartment for a half month, which I agree. 

    If you are paying you have every right to live there.  

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  • imageMontereyBride:
    What kind of lease agreement do you have? In CA, if you give 30 days notice, as long as you are not breaking your lease early, you pay up until the day you move out. Why would you pay rent on a home you don't live in? 

    We don't have a lease. It's not a typical agreement. We live here, but he stays with us when he's in town and we take care of some of his business. For example, he's been staying here the past three weeks and when he's here, he cooks and cleans for us. It IS kind of a family type relationship, which is why I would feel guilty about leaving him in the lurch if he was expecting us to pay through the end of May.

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  • it makes zero sense for you to pay for somebody else to live there. The landlord didn't think that one through very well.
  • Yeah, friend or not, he didn't think that through. I've always had it prorated.
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    Husbands should be like Kleenex: Soft, strong, and disposable.
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