Legal Question in Real Estate Law in California

When renting a rental property, does the pro-rating of the rent begin from the "walkthrough" or when the key is given to the tenant?


Asked on 6/03/12, 12:22 am

4 Answers from Attorneys

Whenever the lease or rental agreement says it begins.

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Answered on 6/03/12, 12:37 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

There are actually two significant dates: (1) the date upon which the old, out-going tenant is no longer obligated to pay, and (2) the date the new tenant's obligation to pay begins. If #1 occurs before #2, the rent is "prorated" three ways" to the outgoing tenant, to the new tenant, and, during the gap, the landlord in effect pays himself. Generally, date #1 is determined by the later of when (a) the tenant actually vacates, often signified by returning the keys to the landlord, or (b) notified the landlord in writing as his move-out date. Date #2 is the date the landlord gives possession to the new tenant, and handing over the keys is symbolic of giving possession.

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Answered on 6/03/12, 9:53 am
Terry A. Nelson Nelson & Lawless

It begins whenever the parties agree it does. That's what you contract is for.

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Answered on 6/04/12, 3:41 pm


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