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  1. #1
    Join Date
    Apr 2006
    Posts
    147

    Default Tenant Wanted to Be Prorated for Days Over 4 Years Ago

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


    I had a tenant moved out a few months ago. The gave 30 days notice said they will be out by the end of the month. When we there on the 1st of the next month as we have originally agree to collect the house; they were not ready their stuff was still in the house. The gave us the house 2 days later. So we charged them for the two days.

    But now they wanted to be pro-rated for the days they did not used when they move in according to them. They presented as evidence, they signed the contract on the second of the month they moved in (they were charged the full months rent). But I signed the contract on the 1st. But this contract is from more than 4 years ago. I can't really remember 4 years ago. But I am pretty sure it is because they could not make it on the 1st to move in and sign the paper work.

    What do you guys think do I have to prorate them from over 4 years ago (statute of limitation is 4 yeas for debt on written contracts in CA).

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Tenant Wanted to Be Prorated for Days Over 4 Years Ago

    Is it really worth fighting over 2 days, when they were good tenants for several years. Think of the re-rent expenses you saved.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Tenant Wanted to Be Prorated for Days Over 4 Years Ago

    This could turn on the exact language of your lease, to which we have no access.

    Beyond that, this turns on the facts. For example, if they moved in on the 1st, then that's what happened even if they signed the lease a day later and there would be no right to proration. If they leased the premises as of the first, but chose not to move in until the 2nd, and didn't sign the lease until they moved in, they would similarly not be entitled to proration because there was a completed agreement for their right to possession as of the first.

    Was this place ridiculously expensive to rent, such that it's worth it to either of you to quibble over one day's rent?

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