Is it legal to not prorate rent and force a tenant to pay full months if they did not reside in the apartment the whole time?

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Is it legal to not prorate rent and force a tenant to pay full months if they did not reside in the apartment the whole time?

I am in a short term lease at an apartment complex that deems they do not prorate their lease. They are requiring I pay both the full month of the first month of my lease and the full month of the last month of my lease, both of which I moved in and moved out in the middle of the month. In my lease it does not say anything about the extra $100 I have been charged a month for the

Asked on July 2, 2018 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It is legal. Occupancy and possession is generally done by month for most rentals: if a tenant has a unit for half a month, they may as well have it for the whole month, since the landlord cannot rent it for a part month to someone else. The law allows the landlord to receive a full month's rent if you have possession for any part of the rent; many landords choose to pro rate, but they do not have to.


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