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  1. #1

    Default Can You Prorate Rent When Your Current Lease Ends and a New Lease Begins Mid-Month

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

    Times are tough, but I still have the best deal in town. I decided to renew my lease, which is up on 25 October. I just started a new job, so paying rent will be difficult this month as I have yet to be paid. I'll have less than $100 if I pay in full, so I was wondering if I had any legal footing to split my rent this month, since I'm dealing with two leases. I know it's October 8th, but they didn't process my lease renewal until the 3rd and told me I had to pay in full, so I held on my rent. I also didn't get a copy of my new lease until this last Monday, so I have a little leeway. (By the way, was I legally correct to do that, or should I still have paid the partial for the old lease?)

    So, there's nothing in my lease about renewing and paying in full between the prorated amounts. I checked. Other than just being told I have to pay in full by the property manager, is there anything in the law that says I can't pay the end of the lease amount that was technically due on the 1st, and then pay the prorated beginning of the new lease when that is due on the 26th? Do I have to pay in full, assuming I correctly read the lease?

    Perhaps my life will be easier with them if I just pay in full, but it's not a big deal for me. Just wondering....

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can You Make Your Landlord Accept Rent in Installments

    You want to hold back five days of rent? That hardly seems worth it.

    I'm not in a position to review the leases in order to tell you if you have a plausible argument that the new lease agreement is a wholly independent agreement, or if it represents a continuation of the prior lease; but given that failure to pay rent on time can get you hit with a notice of eviction and a possible eviction lawsuit, with all that entails for your credit and future ability to rent, I personally would simply pay the rent even if I thought I had basis to pay the last five days of rent at the end of the month.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Can You Make Your Landlord Accept Rent in Installments

    The landlord is not required to agree with your proposal.

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