Legal Question in Consumer Law in Virginia

Prorating apartment rent

If I am moving into an apartment in the middle of February, can the landlord legally charge me the prorate for thirty days instead of twenty-eight days. I am dividing the monthly rent payment by 28 and multiplying times the number of days from the signing of lease to the end of the month. Their explanation is ''it all averages out over the year''. I feel like I am either paying for two imaginary days or paying twice for March 1st and 2nd. I have not signed the lease. Do you have any advice?


Asked on 2/18/03, 8:10 am

1 Answer from Attorneys
Daniel Hawes Hawes & Associates

Re: Prorating apartment rent

if the daily rent rate is specified in the contract, then that's what rules. otherwise, read the contract carefully - i'll bet the rent is specified as an annual rent payable monthly, not a monthly rent. if so, then the landlord is correct in using a daily rate that's arrived at by dividing the annual rent by the number of days in the year. if you don't like that, don't sign the lease; presumably you'll lose your deposit.

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Answered on 2/18/03, 9:00 am


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