Newport, OR asked in Landlord - Tenant for Oregon

Q: If my rent is due on the 1st and the apartments set move in date is the 25th is it reasonable to ask for pro rated rent?

I understand that the first month must be payed on time exactly, but i heard it could be pro rated to carry into the next minth, so up to the 25th of october would be payed. Im hesitant to bring it up with my landlord, so I simply must know if its a sound argument or a college student making a big deal out of money being wasted. We also have a agreement for 0 down deposit if that effects it.

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1 Lawyer Answer
Gregory L Abbott
Gregory L Abbott
Answered
  • Landlord Tenant Lawyer
  • Portland, OR
  • Licensed in Oregon

A: In Oregon, monthly rent is pro-rated by the day - by law. Sometimes landlord's like to charge a new tenant a full month's rent upon move-in and then pro-rate the next month's rent for the the actual number of days the new tenant was in possession during their first partial month. There are several permissible ways to calculate the pro-rate - simply divide the rent by the number of days in the month; or (I believe the fairest) multiply monthly rent times 12 and divide by 365 to get the daily rent, regardless of how many days any specific month may have in it; I have also seen where the landlord bases pro-ration on a 30 day month, regardless of the number of days in any specific month. Or some landlords don't bother with pro-rating rent at all and simply have rent due on whatever day of the month the tenant initially took possession - i.e. rent is due on the 25th every month. Then you would not be getting charged for any day you were not in possession. Good luck.

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