Lease dates and payment

[Jkilcourse]

Jurisdiction

Virginia

In January of this year, I signed a lease agreement for 6 months with an apartment complex. The first month was prorated and stipulated the dates within the contract from January 3rd to February 2nd. For the first month I paid from the 3rd to the 30th of January. On July 2 ( end of contract term), I decided to move to a month to month basis, and agreed to an addition three month on a month to month basis agreement. I was told that the lease would end for this three month to month basis on October 2nd. I presumed that although I'm on a month to month basis, the provisions and dates of the original contract would be followed in customary practice. On September 29th I cleared the apartment. Two days ago I get a message from the landlord that said I owed them money thru the 2nd of
October. They rationalized their position stating that I was on a month to month payment 1-30th) but my terms within the contract were until the 2nd of each month and thus I owed them for the additional two days.

So my understanding is the first month (January) was prorated after that I would revert to a month to month payment (1-30). No problem. But what I'm finsimg is that they are still holding me to the terms of the agreement which were 3rd to the 2nd of the month, and then turning around and telling me that they charge me rent from the 1-30, and asking me to pay them for an additional two days?

Need some legal logic here.

 

[army judge]

A month begins on the 1st, ends on the 28th, every four years the 29th, the 30th, or the 31st.

Your landlord is correct, insofar as dates.

If you stay 1 day into a new month, you could owe for the entire month.

However, you don't have to leave until 31 October.

If you or your stuff are there on 1 November, you'll owe another month.

 

[hrforme]

They prorated the first month because it didn't start on the 1st of the month --- and didn't charge you for those two days.You lease ends on the 2nd and they are prorating those two days because it didn't end on the last day of the month. However, in the end it comes out to exact months overall.

" I was told that the lease would end for this three month to month basis on October 2nd" -- when you went month to month why did you not ask to change the end date to Sept 30th? Doesn't matter what day you actually moved out but rather what day was the end date of the lease --> October 2nd.

eta: had you prepaid those two days originally when you moved in, they you would have an argument. Otherwise you are just paying out the end of the lease as stated and this is very normal. They don't have to let you out of the lease early just because you move out a couple of days early.

 

[zddoodah]

Two days ago I get a message from the landlord that said I owed them money thru the 2nd of
October.

Given that you were "told that the lease would end for this three month to month basis on October 2nd," that seems perfectly sensible.

I'm finsimg

Huh?

they are still holding me to the terms of the agreement

Gasp!

But what I'm finsimg is that they are still holding me to the terms of the agreement which were 3rd to the 2nd of the month, and then turning around and telling me that they charge me rent from the 1-30, and asking me to pay them for an additional two days?

Despite your use of a question mark, this sentence isn't a question. If you intended a question, I cannot discern what you intended to ask.

Need some legal logic here.

Logic: You signed an agreement for a term that ended on October 2. Logically, you should pay rent through October 2.

 

[Jkilcourse]

Given that you were "told that the lease would end for this three month to month basis on October 2nd," that seems perfectly sensible.



Huh?



Gasp!



Despite your use of a question mark, this sentence isn't a question. If you intended a question, I cannot discern what you intended to ask.



Logic: You signed an agreement for a term that ended on October 2. Logically, you should pay rent through October 2.

 

[Jkilcourse]

Given that you were "told that the lease would end for this three month to month basis on October 2nd," that seems perfectly sensible.



Huh?



Gasp!



Despite your use of a question mark, this sentence isn't a question. If you intended a question, I cannot discern what you intended to ask.



Logic: You signed an agreement for a term that ended on October 2. Logically, you should pay rent through October 2.

 

[zddoodah]

Any reason why you twice quoted my prior response without adding any new content?

 

[Jkilcourse]

No reason at at all.