Q: Can first-month rent be prorated using the 365 days in the year formula?
We moved into a new apartment on May 5 because that's when it was made available. When the mgmt co prorated the rent, they used the number of days in the year formula rather than actual days in the month which makes it more costly. Is this legal in Oregon? Our rent is normally due on 1st. Our lease goes thru May 4 of 2022.
A: Some, but not all, leases specify the formula to be used in calculating daily rent prorations. If it does, then the landlord is locked into using the specified formula. Otherwise, there is no legal requirement as to how to pro-rate daily rent in Oregon and I am used to seeing at least 3 different methods. I advise my landlord clients to multiply the monthly rent by 12 and divide by 365 to get the fairest pro-ration - it treats every day of the year as being the same - i.e. the pro-rated rent for a day in February with 28 days is the same as in May with 31 days. Essentially it is the landlord's choice, absent a contractual agreement. So long as there is a rational explanation for how the landlord got to the formula being used, it is likely to be fine with the court. Typically the difference between different formulas is less than a dollar a day and not enough that a Judge would waste much time on.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
