Legal Question in Real Estate Law in New York

pro-rate rent

One of my roommates moved out because she was having problems with the other tenants. We paid the landlord the rent for the month of November, but she moved out November 15th. She is now demanding that we give her ''pro-rate rent'' for the half of the month she wasn't here. I do not understand what that is. I thought it just had to do with the landlord if he kicks a tenant out. Our landlord said that we have to give her that money and it has nothing to do with him. There is nothing in our lease about it. Could you please explain to me what this is and what I should do about it?


Asked on 11/30/00, 8:06 pm

1 Answer from Attorneys
Jason Stern Law Offices of Jason Stern

Re: pro-rate rent

Pro-rata (or pro rate) just means that you pay someone for the amount actually used. For example if I joined a gym and paid $500 for a one year membership and moved after 6 months, they could reimburse me for my pro rata share of the unused membership ($250). In this case, your ex-roommate is requesting that you return payment to her for the half a month that she did not have use of the apartment. If you did not have 30 day notice that she was leaving, you are NOT obligated to return any money to her. But this case really doesn't involve the law -- it involves taking into consideration whose fault it was that your rommate had to move out and whether the right thing to do is return a portion of her rent. If you immediately found a new roommate to move in and pay rent, you should return some money to the old roommate. It sounds like she needs it.

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Answered on 12/04/00, 1:28 pm


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