Charged Unexpected Prorated Rent
My question involves landlord-tenant law in the State of: New York (Manhattan)
My lease states that the term is "one-year" and lists the start and end dates as "July 16, 2012" and "July 31, 2013," respectively. The monthly rent is $2,725. I terminated my previous lease early to sign this lease. When I signed this lease, the management company asked for two checks: first month rent (sepcified as August) in the amount of $2,725 and one-month refundable security deposit.
I moved in July 16th and a week later received an invoice under my door asking for the pro-rated amount in July (about $1,400). At no point during my discussions at the management office was July rent mentioned. I terminated my previous elase early to sign this lease, so I saw the two weeks in July as a courtesy due to the legal consideration provided on my end (early termination of my former lease with my former management company). Furthermore, when I was asked to provide August rent as first month up front, it further showed I would not be liable for July.
The notes relating to rent obligation contradict each other. In one breadth, the total obligation is noted as "12 times" monthly rent, which is $2,725.
Under this, though, in small print, it says "The first month's Base Rent must be paid when the tenant signs this Lease if the Lease begins on the frist day of the month. If the lease begins after the first day of a month, when Tenant signs this Lease both (1) the part of the Base Rent from the beginning date of this Lease until the last day of the month and (2) the full Base Rent for the next full calendar month must be paid.
The total obligation of "12 times" monthly rent, the stated lease term of "one-year," the stated start and end dates contradict each other.
I am not trying to benefit from a quick scheme. I was honestly under the impression the two weeks in July were free rent. It was never spoken about when the lease was signed and to me, the lease obligation is clear that rent is "12 times" monthly rent on a "one-year" lease.
Any professional advice or advice from past experiences would be much appreciated.
Thanks very much.
Joe
Re: Charged Unexpected Prorated Rent
I can't see the lease from where I'm sitting.
If the lease runs from August 1, 2011 through July 16 / July 31 of this year, and you stayed through the end of July, then quite clearly you agreed to pay 12 months rent for those 12 months, and you were billed an additional $1,400 more than a year ago for the couple of weeks you spent in residence in July, 2011.
If the lease runs from July 17, 2011 through July 16 / July 31 of this year, the manner in which it describes your rent obligation could affect what you have to pay, but it's reasonable to infer from the fact that you were billed for prorated rent a full year ago that your landlord was not giving you "free rent" for the last couple of weeks of July, 2011. It could also follow that the 12 months refers to July 17, 2011 through July 16, 2012, and that your continued residency after that time would cause you to accrue rent for the balance of July.
The devil is in the details - if you want your lease interpreted, you will have to have a real estate lawyer or similarly qualified professional actually read it.