There was a discussion from a disgruntled tenant (not ours) on FB - the tenant was angry that they had given a two-week notice putting them out a week into May. The Landlord apparently responded with a 7-day notice to get them out by the end of April (NC requires 7 days on a M2M.)

Tenants left May 5th but believe they only owe pro-rated rent for those few days in May. LL has their deposit though, so they would have to sue to get it back.

Just for kicks I went looking in state law and I find NOTHING about pro-ration anywhere. You can rent Year-2-Year (Annual or longer) or Month-2-Month, or weekly. No daily rentals mentioned except in the Vacation Rental Act for those types of houses - separate laws altogether.

I told the tenant that she had not rented the place "day by day" and because she didn't leave before the end of the April billing period, they owed for the entire month of May. Most agreed with this.

Some states require only full-month rent; others don't.

CA law says that MTM notice can be given any date, requiring 30 days notice.

Since NC allows MTM cancellation with 7 days notice, it seems to me that the intention would be that rent is to be pro-rated. Otherwise, tenants would have to pay for full month, making 7 day notice meaningless.

"pro rate going in is ok. Pro rating going out is a no go."

Does that make any sense?

"pro rate going in is ok. Pro rating going out is a no go."

If both parties are okay with it, then I see no reason not to do it. Private parties should be left to contract whatever among them is to their benefit so long as it isn't illegal.

I think the problem here is largely semantics. Whether you prorate the incoming rent or the outgoing rent, unless someone moves in on precisely the first day of the month, there's going to be some accounting for the partial month unless you decide to allow the lease to end mid-month.

I use a year lease with a fixed start and end date, and the end date is always the end of the month. I collect a full month's rent going in, but then I'll prorate the second payment to line up with whatever their payment plan is. I'll match the dates to their paychecks, or we can do the 1st of the month, or whatever...as long as rent is being paid in advance of whatever payment plan they're on (monthly, bi-monthly, or bi-weekly).

"It made me realize the whole pro-ration thing is, what, marketing? Or tradition? Or what? Because it does not seem to be law."

It is contract law. Exactly as it should be. There is no reason to limit what terms can be specified by the state. Smart people should be able to create a contract with the terms they would like, not what some bureaucrat thinks are needed. It's called freedom. Be thankful you live in a State where your elected officials don't think they need to ride roughshod over you.

Going out is a "holdover" and usually a negative experience as housing contracts generally start on the first of the month.

Going in is the start of (usually) a positive experience. If a unit is ready before the first of the month and the tenant truly needs to move due to their present place being sold (verified, of course) then so be it.

One of my better tenants was leaving student housing and wanted the extra time to move in.

Not sure how I can break it down any further.

Moshe, no not true. If a NC M2M tenant gives a proper seven day notice, it has to be 7 days+ prior to the end of the contract - which is usually the end of the month. So if you gave notice on the 15th or the 20th or the 22nd, you are good but have to also be OUT by the last day of the period (month.) If you hold over and don't move when you said you would, you owe for the month.

I used to be against pro rate going in. Red flag if they couldn't afford 1 full month rent plus an equivalent amount for sec. dep. at move-in. Since increasing my SD, I now have no problem doing a pro rate going in.

I wonder if I can get a refund on the fries I did not finish.

Or a discount because I returned a rental car an hour early.

We prorate rent on the way in so I can capture folks mid-month while many people wait until the first. Plus other LLs demand full month and full deposit. People just don’t have cash. Also makes it easier for them to get in.

My lease is clear: last month is a full calendar month. We cannot control when they leave and plans often change.

If they have the full deposit we will give them keys with a payment plan to catch up in the next 30 days.

Just did that yesterday. They paid $1995 (deposit* + 2 animal registration fees of $300) with a signed payment plan to pay the $529 prorated May rent. We will autodraft their $1850 June rent in just a few days.

BRAD

Brad,

That is very interesting. So you have the list of charges at the move out and they have to pay for them because there is no security deposit?

We pro-rate in depending (meaning if it's a day or two I usually don't). If it's a week or more... for sure.

On the way out, no but if the person is leaving and lets us know properly and pays the entire month and then leaves early (say like the 15th) and I can rent to someone else from the 15th or 20th on... yeah, I would probably give them the money back for their rent. I wouldn't double dip.

My judge taught our assoc there is no Indiana law against re-renting a home once the exiting res returns possession. It is ours to use as we see fit.

No law against keeping the full month and re-renting during that month to a new person.

ZERO,

it’s LLs who need to catch up. Applicants already know because the apt complexes have been doing it for years.

Prorate going in: regardless which day of month they move in, they always pay first months plus deposit. Then the second month is prorated

Example: they move in on June 21. The first months rent covers from June 21 to July 21. Then on July 21 they pay prorated rent thru August 1