Landlord sent me the renewal lease almost 1 1/2 months late. My lease expires on Aug 31. He sent me the renewal lease on July 12. But dated it June 1.
I called him about this and he stated that I can cross out Sept. 1 and instead put Oct. 12 which would be exactly 90 days from the day I received the lease. He then told me that I should pay portion of the rent (Oct. 1 to Oct. 11 according to the old rent, prorating it) and the other portion (Oct. 12 - October 30 according to the new rent)
Is this correct? Shouldn't I instead pay the old rent until October 30th and pay the new rent beginning November 1st?
Point 7 of the renewal lease states:
The renewal lease shall commence on 09/1/2011 which shall not be less than 90 days, nor more than 150 days from the date of mailing or personal delivery of the Renewal Lease Form.
I read here --> http://www.tenant.net/phpBB2/viewtopic. ... 32f60a880a
that the proper lease renewal form should state:
If the owner offers a Renewal Lease less than 90 days prior to the expiration of the existing lease, the lease term selected by the tenant shall begin at the tenant's option either
(1) on the date a renewal lease would have begun had a timely offer been made or
(2) on the first rent payment date occurring no less than 90 days after the date that the owner does offer the lease to the tenant.
Does this mean my landlord is not using the proper Lease Renewal Form to begin with?
Does he have the right to collect rent starting October 12 as he suggested?
Or do I have the right to pay the new rent starting November 1st?
Also, I agreed to his suggestion orally - does it bind me to it now?
Thanks