Leases require a start date and an end date. And sometimes tenants won’t be able to show up on Day 1. If that’s the case for you, can your landlord charge rent for the days you don’t live there?
That depends, but generally speaking, the flexibility comes at the end of your lease, not the beginning.
When you’re moving in
Here’s where you’ll find the least flexibility. Although you need to “take possession” of the rental by receiving keys and so forth, if you’re unable to be there on the first day of your lease (let’s just say that’s November 1), it will still be your responsibility to pay the rent for the entire month.
If the landlord or property management company fails to have the place ready for move-in on the date stated on the lease, however, you likely have a case for a prorated month, meaning you’ll be charged a per-day rate based on your rent. For example, if your monthly rent is $1,500 and you’re unable to move in until November 10, your rent would be $1,050, based on a daily rate of $50 ($1,500/30 days in the month).
If you know you won’t be able to move in on a certain day, the best thing to do is negotiate prorated terms before signing the lease.
When you’re moving out
When your fixed-term lease is about to expire, you’re obligated to pay for all the days you have the right to be in the apartment (note: the right to occupy, not necessary the actual days you occupy). In other words, you’re legally bound to pay rent for the entirety of your lease – regardless of how early you give notice.
That said, landlords can sometimes be flexible if you’ve been a good tenant and special circumstances require you to move sooner. This will give them the time to get the unit back to prepare and show to new tenants.
If your landlord agrees to let you leave early and pay prorated rent for only the days you’re there, be sure to get these new terms in writing. This means a formal letter to your landlord stating your intent to move early and to pay a prorated amount as your final month’s rent, as well as getting your landlord’s permission to do so.
Putting it all on the record isn’t just considerate (it’s always nice to know your former landlord will be a good reference down the road) but it will ensure you’ll have the truth on your side should the lease alteration land you in small claims court.
When your lease is month-to-month
Most states require a month’s notice for a tenant to end a month-to-month arrangement, so be sure to check yours before making any plans to move out, as well as whether notice is required on a specific day (such as the 1st of the month).
Once you have your plans in place, be sure to let your landlord know in writing, within the legal time frame. As above, if you and your property manager on good terms, you may be able to negotiate partial payment if you’d like to leave early, but it will be at the landlord’s discretion.