 Last Month's rent/prorate (by George [FL]) Apr 8, 2017 12:08 PM
 Last Month's rent/prorate (by Robert,Ontario,Can [ON]) Apr 8, 2017 3:43 PM
Last Month's rent/prorate (by DJ [VA]) Apr 8, 2017 5:58 PM
Last Month's rent/prorate (by Vee [OH]) Apr 8, 2017 7:17 PM
Last Month's rent/prorate (by DJ [VA]) Apr 8, 2017 7:30 PM
Last Month's rent/prorate (by George [FL]) Posted on: Apr 8, 2017 12:08 PM
Message:
State Specific Question About: FLORIDA (FL)
I'm handling property for a relative (I came in at the middle of this lease, and didn't write it), and they rented to two unrelated, unmarried tenants. One of the tenants is signing a new one year lease at the end of the current one year lease, and the other is moving out. They paid first month's rent, last month's rent and security deposit when they first moved in, all handed in by the tenant who is staying, and it's her name that's on the receipt for the funds handed in.
The problem is that when the lease was written, the lease started on the 12th of the month and ends on the 12th of the last month's rent, and neither the first nor the last month's rent was prorated, so in effect they paid 13 months rent over a 12 month period. The lease allows for the current lease to be extended in writing - would the best way to handle this be to extend it to the end of the month, prorate the next month's rent for the remaining tenant and refund the prorated 12 days that were overpaid to the departing tenants, or is there another way that's better? I've checked Florida law and haven't found anything that addresses this scenario. Any advice would be appreciated. --108.94.xxx.xxx |
Last Month's rent/prorate (by Robert,Ontario,Can [ON]) Posted on: Apr 8, 2017 3:43 PM
Message:
To calculate the per diem rent multiply the rent by 12 then divide by 365 then multiply out the number of days to be fair with the tenant. Suppose the rent is$600x12/365=$19.73 per diem or per day. --74.220.xxx.xxx |
Last Month's rent/prorate (by DJ [VA]) Posted on: Apr 8, 2017 5:58 PM
Message:
George, I would say the lease is over on the 12th. Inspection is done then and any security deposit to be returned is paid by a check made out to both parties on the lease (jointly & severally responsible, right?). Let them work it out if they divide the check or whatever.
Meanwhile, complete a whole new lease with the tenant who will be staying - assuming they qualify on their own, of course. If you want to change your start / end date to the 1st / 30th, calculate 18 days of rent and say it must be paid along with the new security deposit, before the end of the current lease. then full rent for the next month will be due 18 days later on the first.
--68.105.xxx.xxx |
Last Month's rent/prorate (by Vee [OH]) Posted on: Apr 8, 2017 7:17 PM
Message:
Unless the unit is cleaned out of all food, furniture and packages there is no way to verify damages and any wear-n-tear servicing needed, for this reason the deposit stays with the unit and so does the the lease describing jointly and severally persons. --76.188.xxx.xx |
Last Month's rent/prorate (by DJ [VA]) Posted on: Apr 8, 2017 7:30 PM
Message:
That's true, Vee, but if you get the same deposit right away from the continuing tenant, wouldn't any unseen damages just carry over too? It would just eliminate the leaving tenant from the equation later which seems like it would simplify things. I guess the continuing tenant would have to understand & agree that they will be responsible for damage found later, no matter when they claim it occurred. If they know of damage the departing tenant caused, it would be on them to work that out with the original deposit return as far as who gets how much. --68.105.xxx.xxx |
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