When does a lease begin?

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When does a lease begin?

When does a lease legally begin – the date on the contract or the date you take possession? We leased a house and were supposed to take possession on 04/01 per our contract (this actually changed a few times prior.) We didn’t pay the deposit and take possession until 04/22. The landlord did not vacate the property until 04/17. Are we responsible for the full month of April in rent?

Asked on May 6, 2011 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since you did not take possession of the property until April 22, your rent for the month of April would be from April 22 through April 30.  Your obligation to pay rent does not begin until you have physical possession of the property.

You can't be liable for rent on April 1 when the landlord did not vacate the premises until April 17.


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