any r3v realtors/laywers out there?

[e30slidewayz]

Well, here's the story. My gf and I signed a one year lease last year which ended on July 5th, 2011. The landlords finalized their divorce a couple weeks ago and are selling the house, which is currently on the market. We don't feel like dealing with the hassel of having to show it, so we went ahead and sent them a 30 day notice saying that we would be out by Aug. 23rd.

Our rent is $1500.00 per month. However, there is this statement in our lease:

Where the term of the Rental Agreement commences or terminates on a day other than the first day of the month, Tenant shall pay rent unto the Landlord in the amount of $15.00 per day for each day of the month of commencement or termination of the Rental Agreement, payable prior to the Tenant taking possession upon commencement of the Rental Agreement, and payable on the first day of the final month of the Rental Agreement upon termination.

Does this mean that we only owe them $15.00 x 23days = $345 for this last 23 days of rent since it's not a full month's rent? It seems as though they didn't prorate the lease correctly. The husband insists that we owe them ($1500/30) x 23= $1150. I hope I'm correct on this.

These people have been complete douchebags to us. We've always paid our rent on time, fixed small things around the house, and are generally pretty damn good renters. However, the ex-wife lady gave us a bad reference to a rental agency and we lost the chance at getting a place we really liked. Plus, the husband has threatened me saying that if we postpone the selling of their house in anyway that we will find ourselves in court, etc. etc. (for no reason as all). He actually went to law school, but he failed to pass the bar exam on multiple attemps, so they moved to a different state where I think he was unable to pass it again. Anyways, I just think it's funny that someone with a law degree can't draw up their own lease agreement correctly. I sooo hope I'm right about this. Can anyone clarify this for me? It is muuuuch appreciated.

[NKRoberts]

Well, here's the story. My gf and I signed a one year lease last year which ended on July 5th, 2011. The landlords finalized their divorce a couple weeks ago and are selling the house, which is currently on the market. We don't feel like dealing with the hassel of having to show it, so we went ahead and sent them a 30 day notice saying that we would be out by Aug. 23rd.

Our rent is $1500.00 per month. However, there is this statement in our lease:

Where the term of the Rental Agreement commences or terminates on a day other than the first day of the month, Tenant shall pay rent unto the Landlord in the amount of $15.00 per day for each day of the month of commencement or termination of the Rental Agreement, payable prior to the Tenant taking possession upon commencement of the Rental Agreement, and payable on the first day of the final month of the Rental Agreement upon termination.

Does this mean that we only owe them $15.00 x 23days = $345 for this last 23 days of rent since it's not a full month's rent? It seems as though they didn't prorate the lease correctly. The husband insists that we owe them ($1500/30) x 23= $1150. I hope I'm correct on this.

These people have been complete douchebags to us. We've always paid our rent on time, fixed small things around the house, and are generally pretty damn good renters. However, the ex-wife lady gave us a bad reference to a rental agency and we lost the chance at getting a place we really liked. Plus, the husband has threatened me saying that if we postpone the selling of their house in anyway that we will find ourselves in court, etc. etc. (for no reason as all). He actually went to law school, but he failed to pass the bar exam on multiple attemps, so they moved to a different state where I think he was unable to pass it again. Anyways, I just think it's funny that someone with a law degree can't draw up their own lease agreement correctly. I sooo hope I'm right about this. Can anyone clarify this for me? It is muuuuch appreciated.

They way I understand is how you understood it. So you should have had to pay $15.00 x 23days = $345 on Aug. 1st. for the 23 days that you stayed past the normal date that rent is due.

[Farbin Kaiber]

Sounds like you owe your 30 day complete rent, plus the $15.00/day for every day from the 1st.

I mean realistically, who would put a $15.00/day total charge clause on a rental/lease? In a best case scenario, not counting the first, and the longest months to work with, even if you 30 day noticed on the 2nd, you'd have 30 days of rent.

30
x15.00
_________
$450.00

And, $450.00 ≠ $1500.00

So, I'm thinking you owe $1500.00 + $345.00 = $1845.00

[NKRoberts]

Sounds like you owe your 30 day complete rent, plus the $15.00/day for every day from the 1st.

I mean realistically, who would put a $15.00/day total charge clause on a rental/lease? In a best case scenario, not counting the first, and the longest months to work with, even if you 30 day noticed on the 2nd, you'd have 30 days of rent.

30
x15.00
_________
$450.00

And, $450.00 ≠ $1500.00

So, I'm thinking you owe $1500.00 + $345.00 = $1845.00

So the clause also specifies the commencement of the lease, so say you start the lease 10 days before the month starts would you assume they owe $15x10 =$150 +$1500 so $1650 for those 10 days?

That's not how I interpret it.

[e30slidewayz]

Thats what I was thinking to begin with.. 1500 + 15/day, but then I thought about like what NKRoberts says, and it just doesn't make any sense. I'm asking some realtors that have been helping us look at new rental properties about it. If needed, I'll seek legal advice. Apparently I have 2 free legal counseling sessions with matters concerning renting/leasing through the graduate program at school. Hopefully this jackass won't hold up my deposit afterwards.

[e30slidewayz]

spoke with a real estate lawyer today, and he sided with me that I'm only responsible for $15/day which is good. now I just hope they don't screw me on the deposit.

[z31maniac]

^It they are acting like this already, I'd just consider your deposit gone. Then if you get anything back it will be a bonus.

[NKRoberts]

^It they are acting like this already, I'd just consider your deposit gone. Then if you get anything back it will be a bonus.

Yeah i had a run in with a similar problem and you just have to assume that you aren't getting a cent of the deposit back.

[Good & Tight]

Kiss your deposit goodbye and shit on all the door knobs before you leave.

[e30slidewayz]

I decided to go ahead and pay what the actual prorate would be for 23 days so that we won't lose the deposit. If they try to play games, the lease can be interpreted that it's $15/day plus since we moved in on the 5th the same applies for the last 25 days of the first month. And, they would be holding the deposit under false pretenses. The only reasons they've provided thus far is that we painted 1 room a color they don't like (which we were verbally told we could paint, no colors were specified) and that some of the sod they layed down died (lawn maintenance is in the lease as the landlords responsibility). Ehh, still a shitty situation tho.