IS IT LEGAL TO CHARGE A FULL MONTH’S RENT FOR ONLY 12 DAYS OF RESIDENCE?

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IS IT LEGAL TO CHARGE A FULL MONTH’S RENT FOR ONLY 12 DAYS OF RESIDENCE?

I will be an FSU student this fall – living off campus (housing not owned by FSU), however, the apartment complex is for Tallahassee students only. I’ve signed a lease for an apartment and was informed that I must pay the full months rent for next month. However, I cannot move into the apartment until the 18th; they would not pro-rate August’s rent.

Asked on July 16, 2011 under Real Estate Law, Florida

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You need to check the bylaws with your school concerning on and off campus housing and how this off campus housing operates. Taking the school portion out (which indeed may impact what I am about to tell you), you are correct. Your tenancy and amount paid will need to be pro-rated based on how long you are in the apartment (when you can move in). Explain to them that you would like to know when the previous tenancy ended and if you cannot move in until the 18th, you want your first month's rent pro-rated for the 14 remaining days or you want the security deposit lowered.  


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