Legal Question in Landlord & Tenant Law in California

Manager gave $100 discount on first months rent. Unable to move into unit the 5th of the month. Asked about prorate and told would prorate. Now being told cannot prorate rent when discount is given, I live in California.


Asked on 5/31/13, 4:45 pm

1 Answer from Attorneys

Kelvin Green The Law Office of Kelvin Green

I don't see much of a question here, but I assume you want to know what can be done... First what does your rental contact say? In any situation the rental agreement is what would govern.

If your contract said that unit was available on the first of the month, they had it ready for you on the first, and you and them both expected and contracted to be there on the first, it seems that unless there was just a totally unforeseen weird situation that happened that would somehow excuse you from performance, you could have moved in but did not so you would be responsible for to pay the rent.

From a practical standpoint ... If your rent is a $1000 per month, the prorated amount is $33.33 per day or about a $166 in you case. If you thought you had a claim and wanted to recover, it would be in small claims. It would cost you time in filling out the papers, then you would pay the filing fee of $30 plus a process server.. So now you are into it $60 or $70 dollars. Then you go to court and take the time to get there. Assuming you win sure you now have the money back but you have a Manager that is upset and won't do anything to make the situation better...

If you lose your out the money and still have an upset manager...

If you hire an attorney to review your contract and write a letter you and assuming my hourly rate you would lose money on the deal. ...

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Answered on 6/01/13, 6:15 am


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