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  1. #1
    Join Date
    Feb 2011
    Posts
    2

    Default Prorating Last Month's Rent in California

    My question involves landlord-tenant law in the State of: California.

    My situation has been an enormous mess. We signed a year long lease beginning June 6, 2010 with a landlady who has been a pain to deal with. In short, we receive many phone calls including 4 minute long voice messages, and several emails from her on a constant basis, beginning by explaining that her personal home was going into foreclosure, and due to that, she needed us to pay more than what was pursuant to our rental agreement. She continued with a string of abusive emails, one of which she tells us that she didn't want to rent to us because we "fit the same profile as the last tenants" and then proceeds to tell us not once but three times in the same email that if we would like to leave the lease, she is willing to release us from contract with our full security deposit.

    We took the opportunity to look for a new place to live, and subsequently turned in our 30 day notice on the 27th of January via certified mail and by email. She acknowledged receipt, but stated that we were no longer free to go and that her personal problems had been cleared and she expected us to adhere to the original rental agreement. We calculated our proration of rent for the month of February up until the 27th based on a 30 day calculation and left her the check on Feb 1. Feb 13, she emails us and states that our calculation is incorrect and must be on a 28 day basis rather than 30. My question is: who is right? Is she entitled to the $98 she claims she is?

    Thanks.

  2. #2
    Join Date
    Sep 2005
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    74,848

    Default Re: Prorating Last Month's Rent in California

    It can depend upon the wording of your lease.

  3. #3
    Join Date
    Feb 2011
    Posts
    2

    Default Re: Prorating Last Month's Rent in California

    Thank you for your reply. Lease states that "if the Commencement Date falls on any day other than the day Rent is payable under paragraph 3B, and Tenant has paid one full month's Rent in advance of Commencement Date, Rent for second calendar month shall be prorated based on a 30-day period." I didn't know I'd be able to find that on my lease, thank you very much.

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