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  1. #1
    Join Date
    Jul 2012
    Posts
    1

    Default Landlord Wants Pro-Rated Rent, Because Unit is Available, Prior to Lease Signing

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

    I’ve been looking for days to solve this problem, and can’t find it anywhere.


    I’m starting a lease on 8/1/12
    No lease has been signed, nor has one been provided for review.
    No keys accesses or possession has been handed to me.

    Filled out an application for rent 7/11/12
    landlord asked for and recived (and cashed) a HOLD deposit of 300$
    Hold deposit, had no dates or terms to expire listed.

    Landlord approved me to move in on 7/18/12
    Landlord says since the unit is available NOW "the apartment is ready you will be responsible for the remainder of the deposit and the pro-rated rent." then asked "Are you moving in tomorrow?, your rent starts today" 7/18/12. I didnt accept verbaly and just said " we dont have a lease yet".

    Am I liable for the 2 weeks rent prior to lease agreement ?
    any law or code I can quote to them on 8/1/12 would be useful.

    Thanks for your help

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Landlord Wants Pro-Rated Rent, Because Unit is Available, Prior to Lease Signing

    you are liable for what the contract says .. nothing more, nothing less. That's what contracts are for -- to note in writing the various parties responsibilities.

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

    Default Re: Landlord Wants Pro-Rated Rent, Because Unit is Available, Prior to Lease Signing

    What is the exact language of your application to rent? What does it state in terms of acceptance and a start date?

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Landlord Wants Pro-Rated Rent, Because Unit is Available, Prior to Lease Signing

    No. This is absurd. You are not responsible for the rent and deposit until the date of the lease is agreed upon and both parties sign.

    USUALLY the holding deposit is just to let the tenant know the LL will not show the unit to anyone else. Because of this, the holding deposit is applied to the overall deposit if the tenant passes the credit check and moves in. If they don't, it is usually not refunded as the LL has not been able to show the unit to other possible tenants.

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