Legal Question in Real Estate Law in Oklahoma

Re: Are Landlords Required To Prorate Rent?

Thanks for your question. I am not sure I have enough facts to answer you. You indicate that the agreement you made, at least as to move in date and possibly the term of the lease (month-to-month) have been changed and I assume without your agreement. If so, they have breached the agreement and you should be given back all of your money. However there may not have been an agreement. You probably filled out an application for rent which was your offer to them. They have now counter-offered a different agreement to you and you can choose to reject it. Your rejection should be in writing and as soon as possible. They might be justified in keeping a part of the deposit if the deposit is considered something other than rent. They probably indicated that a credit check would be run and that you had to pay for it. If so you might not get that amount back.

As to prorating, I have not seen any of the documents,(application, lease, advertised rent special) so I dont know if your agreements provide for this. If there was no agreement state law provides that rent is payable at the beginning of any term of one month or less. This would mean to me that rent is due in your case on the date you are to move in, the 15th. Thus your rent runs from 15th to 15th. Again, this is in the absence of an agreement otherwise providing a different date. The timing of all of your negotiations and writings is important in being able to give you a more definite answer.